Thông tư 23/2011/TT-BGTVT

CIRCULAR

REGULATING ON MANAGEMENT OF INLAND WATERWAYS

Pursuant to the Law on inland waterway navigation dated June 15, 2004;

Pursuant to the Government’s Decree No. 21/2005/ND-CP of March 01, 2005 detailing the implementation of a number of articles of Law on inland waterway navigation;

Pursuant to the Government’s Decree No. 51/2008/ND-CP of April 22, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

The Minister of Transport regulating on management of inland waterways as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular regulates on classification of inland waterways; announcement of opening and closure of inland waterway flows and routes; scope of corridors for flow protection and boundary markers; regulates on construction investment project related to inland waterway navigation; limits of inland waterway navigation; measures to ensure safety in inland waterway navigation and notification of inland waterway flows.

Article 2. Subjects of application

This Circular applies to agencies, organizations, individuals relating to activities of inland waterway navigation.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Inland waterway means flows, docks, construction works to bring the traffic means passing dams, waterfall on rivers, canals, ditches, or flows on ponds, lagoons, bays, along seaside to islands, and connect islands in the internal waters of the Socialist Republic of Vietnam organized for management and exploration of transportation.

2. Flows for navigation of boats mean water areas limited by the signal system of inland waterways for transport means to circulate smoothly and safely.

3. Corridors for flow protection mean the limit of water area and strip of ground along to two sides of flow to install signs for protection of flows and traffic safety assurance.

4. Notice of inland waterway flow means the announcement in writing about characteristic of flows, routes such as depth of flow (h), height of flow bottom (Z), width of flow (B), navigational clearance (Hk) according to the heigh of water level (H) or other matters related to navigation safety of flow.

5. Water level (H) is number of water level measured at a given time, at a defined hydrological measuring station on notice routes or flows.

6. Maximum and minimum water levels (Hmax; Hmin) are maximum and minimum water levels at a hydrological measuring station on notice routes or flows:

- For forecast notices, they are the maximum and minimum water level forecasted to happen in a given duration, after time of issuing notices;

- For notices of situation, they are the maximum and minimum water level forecasted measured before the time of issuing notices.

7. Depth of flow (h) is depth of flow that is measured actually at a specific time, at a shoal on route or flow in notice.

8. Maximum and minimum depths of flow (hmax; hmin) mean the Maximum and minimum depths of flow at a specific shoal on route or flow corresponding to the number of Hmin; Hmax at that position on the notice route or flow.

9. Width of flow (Bđ) means the minimum width of flow bottom measured at a specific shoal on the notice route or flow.

Chapter 2

REGULATION ON CLASSIFICATION OF INLAND WATERWAYS

Article 4. Classification of inland waterways

Inland waterways are classified to national inland waterways, local inland waterways and specialized inland waterways.

1. The national inland waterways are inland waterways connecting the economic, cultural and social centers, important transport focal points in serve of the national economy, defense and security or inland waterways with activities of waterway transport across the border.

2. Local inland waterways are inland waterways within scope of administrative management of central-affiliated cities and provinces; majorly serve for the socio-economic development of localities.

3. The specialized inland waterways are flows for traffic of ships, boats that connect the water areas of specialized inland harbors or river wharfs with the national inland waterways or local inland waterways, in serve for demand on transportation of those organizations and individuals.

Article 5. Authority to decide classification of inland waterways and adjust catalogues of inland waterways

1. The Minister of Transport shall decide catalogues of inland waterways as below:

a. National inland waterways;

b. Specialized inland waterways that are connected to national inland waterways, specialized inland waterways that pass 02 provinces or more or specialized inland waterways that are connected between national inland waterways and local inland waterways.

2. Chairpersons of People’s Committees of central-affiliated cities and provinces (hereinafter referred to as Chairperson of the provincial People’s Committees) shall decide catalogues of inland waterways as below:

a. Local inland waterways;

b. Specialized inland waterways that are connected to local inland waterways;

3. Adjustment of catalogues of inland waterways:

a. Chairpersons of the provincial People’s Committees shall decide to adjust from local inland waterways to specialized inland waterways connected to local inland waterways and vice versa on the basis of proposal of the Provincial Services of Transport;

b. The Minister of Transport shall decide to adjust catalogue of inland waterways for other cases than cases specified in point a this clause on the basis of proposal of the Vietnam inland waterway Department or the provincial People’s Committees.

Chapter 3

REGULATIONS ON ANNOUNCEMENT OF OPENING AND CLOSURE OF INLAND WATERWAY FLOWS OR ROUTES

Article 6. Announcement of inland waterway flows or routes

1. Announcement of inland waterway flows or routes is decision of competent agencies in putting the inland waterway flows or routes in management and exploitation.

2. Content of announcement of inland waterway flows or routes:

a. Type of inland waterways

b. Length of inland waterway flow or route (location name, hydrological name and number of km of length); the technical rank of flow and general technical rank of inland waterway route;

c. The starting time of exploitation on inland waterway flow or route.

Article 7. Authority to announce the opening and closure of inland waterway flows or routes

The state management agencies competent to classification of inland waterways specified in clause 1, clause 2 Article 5 of this Circular shall announce the opening and closure of inland waterways for types under their decision authorities.

Article 8. Regulation on dossier requesting for announcement of opening of inland waterway flow or route

1. For projects investing in construction of new inland waterways or projects on renovation, upgrading of inland waterway flows and routes:

a. Report to request for announcement of inland waterways (original) made according to provision in the Annex No. 1 of this Circular, clarifying type of inland waterways in request for announcement; length of inland waterways such as: location name, hydrological name and number of km of length; the technical rank of flow and general technical rank of inland waterway route; the beginning time of exploitation on the inland waterways;

b. Decision on approval of project (original or authenticated copy);

c. Design dossier of construction drawings (copies);

d. The completion dossier of construction works (copies);

e. Written acceptance for completion of construction works to put into use (original).

2. For inland waterway flows or routes that are re-announced or have no investment project:

a. Report to request for announcement of opening of inland waterway flows or routes (original made according to the set form in the Annex No. 1 of this Circular);

b. The master plan on development of inland waterway navigation that already approved by competent authorities (copy);

c. Planimetric survey of actual inland waterway flows or routes that are requested for announcement (original);

d. Explainations of internal waterway flows or routes (original);

e. The arrangement sitemap of the system of inland waterway signals, organizational sitemap of managing inland waterways on routes (originals).

Article 9. Process of implementation of procedures for announcement of internal waterway flows or routes

1. For national inland waterways:

a. The Vietnam inland waterway Department shall make 01 set of dossier as prescribed in clause 1 Article 8 of this Circular to submit to the Ministry of Transport for announcement;

b. Within 7 working days, the Ministry of Transport shall issue decision on announcement.

2. For local inland waterways:

a. The provincial Services of Transport shall make 01 set of dossier as prescribed in clause 1 Article 8 of this Circular to submit to the President of the provincial People’s Committee for announcement;

b. Within 7 working days, the Ministry of Transport shall issue decision on announcement.

3. For specialized inland waterways that are connected to national inland waterways, the specialized inland waterways that pass 02 provinces or more or the specialized inland waterways that are connected between national inland waterways and local inland waterways:

a. Organizations, individuals who have specialized flows shall make 01 set of dossier as prescribed in clause 1 Article 8 of this Circular and file them by post or directly to the Vietnam inland waterway Department;

b. The Vietnam inland waterway Department shall receive dossier; in case dossier is not clear, full as prescribed, it shall guide applicants for completion of dossier; in case dossier is filed by post, it must provide written guidance;

c. Within 07 working days, after receiving full dossier as prescribed, the Vietnam inland waterway Department shall have appraisal result to submit to the Ministry of Transport for consideration of announcement of opening of specialized inland waterway flows or routes;

d. Within 05 working days, after receiving dossier submited by the Vietnam inland waterway Department, the Ministry of Transport shall issue decision on announcement of opening of inland waterway flows or routes;

4. For specialized inland waterways that are connected to local inland waterways:

a. Organizations, individuals who have specialized flows shall send 01 set of dossier as prescribed in clause 1 Article 8 of this Circular by post or directly to the provincial Services of Transport;

b. The provincial Services of Transport shall receive dossier; in case dossier is not clear, full as prescribed, it shall make written guidance to applicants for completion of dossier;

c. Within 07 working days, after receiving full dossier as prescribed, the provincial Services of Transport shall submit to the President of the provincial People’s Committee for announcement of opening of specialized inland waterway flows or routes;

d. Within 05 working days, after receiving dossier submited by the provincial Services of Transport, the Presidents of the provincial People’s Committees shall issue decision on announcement of opening of inland waterway flows or routes;

Article 10. Announcement of the closure of internal waterway flows or routes

1. During exploitation of internal waterway flows or routes, if considering that those are not ensured for safety in transport operation, not demand for transportation or due to reasons of security and national defense, competent agencies shall decide the closure of inland waterway flows or routes.

2. Organizations, individuals who made dossier requesting for announcement of opening of inland waterway flows or routes shall submit a wrriten report to competent agencies for decision on announcement of closure of inland waterway flows or routes, except for cases of security and defense reasons. Content of the written report must clearly state reason of the closure of inland waterway flows or routes; length of the inland waterway flows or routes and the beginning time of closure of the inland waterway flows or routes.

3. Content of decision on announcement of the closure of internal waterway flows or routes includes:

a. Reason of the closure of internal waterway flows or routes;

b. Length of internal waterway flows or routes (location name, hydrological name and number of km of that internal waterway flow or route);

c. The starting time of closure of inland waterway flow or route.

Article 11. Procedures for announcement of specialized inland waterway flows or routes that are connected to national inland waterways, specialized inland waterways that pass 02 provinces or more or specialized inland waterways that are connected between national inland waterways and local inland waterways

1. Organizations, individuals shall send a written request for closure of flows or routes by post or directly to the Vietnam inland waterway Department;

2. The Vietnam inland waterway Department shall receive and appraise the written request of organizations or individuals using the specialized flows, in case dossier is not clear, full as prescribed, it shall guide applicants for completion of dossier.

3. Within 05 working days, after receiving dossier submited by the Vietnam inland waterway Department, the Ministry of Transport shall issue decision on announcement of closure of inland waterway flows or routes;

Article 12. Procedures for annnouncement of closure of specialized inland waterway flows or routes that are connected to local inland waterways

1. Organizations, individuals shall send written request for closure of flows, routes by post or directly at the provincial Services of Transport.

2. The provincial Services of Transport shall receive and appraise the written request of organizations or individuals using the specialized flows, in case dossier is not clear, full as prescribed, they shall guide applicants for completion of dossier.

3. Within 05 working days, after receiving dossier submited by the provincial Services of Transport, the Presidents of the provincial People’s Committees shall issue decision on announcement of closure of inland waterway flows or routes.

Chapter 4

SCOPE OF PROTECTION CORRIDORS OF THE FLOWS AND BOUNDARY MARKERS

Article 13. Scope of protection corridors of the flows

1. Scope of protection corridors of the flows shall comply with Article 4 of the Government’s Decree No. 21/2005/ND-CP of March 01, 2005.

In case a flow not adjacent to riverside specified in point a clause 1 Article 3 of the Decree, scope of protection corridors of flows shall be specified under the technical rank of inland waterway as follows:

a. For flows on ponds, bays, estuaries to the sea and flows of speccial rank: Between over 20 metre and 25 metre;

b. For flows of rank I, rank II: Between over 15 metre and 20 metre;

c. For flows of rank III, rank IV: Between over 10 metre and 15 metre;

d. For flows of rank V, rank VI: 10 metre.

2. For inland waterways already approved master plans, scope of protection corridors of flows shall be determined base on the technical rank of inland waterway as the master plan to implement.

3. Projects on investment in upgrading of the inland waterway routes that are operating or projects on opening new inland waterway routes must base on master plan to determine clearly the technical rank of inland waterway routes after completing projects, determine the scope of protection corridors of flows, to formulate plan and to plug boundary markers.

Determination of scope of protection corridors of flows, formulation of plans and plugging of boundary markers are considered as a works item of project.

Article 14. Provision on plugging of boundary markers

1. Regional units managing inland waterways shall determine the scope of corridors of protection of flows, traffic embankments, and dams under their management.

2. After determining scope of corridors of protection of flows, traffic embankments, dams, plugging boundary markers of protection scope or arranging warning signals.

3. Handing over the plugged boundary markers for communal local authorities to manage. Specification of boundary markers, distance between boundary markers shall comply with the Annex in this Circular.

Article 15. Responsibility in plugging of boundary markers

The Vietnam inland waterway Department shall:

a. Guiding on the determination of scope of protection corridors of flows, traffic embankments, dams and plugging boundary markers;

b. Directing the units managing inland waterways in assuming the prime responsibility for, and coordinating with local authorities at all levels to measure and plug the boundary markers on the national inland waterway routes;

c. Examining, urging the determination of scope of protection corridors, the plug of boundary markers on local inland waterway routes.

2. The provincial People’s Committees shall direct the determination of scope of protection corridors of flows, traffic embankments, dams and the plug of boundary markers on local inland waterway routes.

3. Organizations, individuals managing and exploiting the specialized flows shall determine the scope of protection corridors, organize the plug of boundary markers, manage and protect the boundary markers on scope of flows managed by them according to guidance of specialized management agencies. When implementing affairs, they must coordinate with the local authorities at all levels.

4. Investors of projects on upgrading, renovation, openning of new inland waterways must hand over full dossier of site clearance, scope of protection corridors of flows, traffic embankments, dams and boundary markers when handing over the completed inland waterway routes.

Chapter 5

REGULATIONS ON THE WORKS CONSTRUCTION PROJECTS RELATING TO INLAND WATERWAY NAVIGATION

Article 16. The works construction projects relating to inland waterway navigation

1. The works construction projects relating to inland waterway navigation must have written agreement when making investment projects and before building works, must have acceptance on the plan on assurance of waterway navigation safety of competent state management agencies on inland waterway navigation.

2. The works construction projects relating to inland waterway navigation include:

a. Construction of permanent bridges, temporary bridges, ferries, ports of goods loading and unloading and passenger receipt and disembark, floating works on inland waterways;

b. Construction of lines, pipelines passing flows at overhead or under bottom;

c. Construction of works of embankments, dams, other correcting works (except emergency works for flood and storm prevention, dyke protection);

d. Construction of fishing ports, ports for security and defense;

d. Construction of dredging flows (except the annual dredging and maintenance of inland waterway);

e. Exploitation of natural resources;

g. Construction activities for wrecking and removing barricade.

Article 17. Competence of consideration of projects in the scope of flow protection

1. Competence to give opinions in period of making investment project is provided as follows:

a. The Ministry of Transport shall consider and give written opinion for works of national key projects, projects of A group;

b. The Vietnam inland waterway Department shall consider and give written opinions for works of projects of B, C groups on the national inland waterway; specialized inland waterway that are connected to national inland waterways; specialized inland waterways that pass 02 provinces or more; or specialized inland waterways that are connected between national inland waterways and local inland waterways;

c. The provincial Services of Transport shall consider and give written opinions for works of projects of B, C groups on the local inland waterways; specialized inland waterways that are connected to local inland waterways.

2. Competence to consider and accept for plan on ensuring the navigation safety in period of performing project is provided as follows:

a. The Vietnam inland waterway Department shall consider and accept the plan on ensuring navigation safety for cases of construction on the national inland waterways; specialized inland waterways that are connected to national inland waterways; specialized inland waterways that pass 02 provinces or more; or specialized inland waterways that are connected between national inland waterways and local inland waterways;

b. The provincial Services of Transport shall consider and agree the plan on ensuring the navigation safety for cases of construction on the local inland waterways; specialized inland waterways that are connected to local inland waterways.

c. In case where the works construction only locates in scope of protection corridor of flow and time of construction not exceed 15 days, units managing inland waterways at regional level shall consider acceptance of plan on ensuring the navigation safety.

Article 18. Procedures for written agreement opinions applicable to works of national key projects, projects of the A group related to the navigation safety of inland waterways

1. During making the investment project for building works, works specified in clause 2 Article 16 of this Circular, apart from implementation of regulations of laws on investment in construction, investor shall send 01 set of dossier by post or directly to the Ministry of Transport for asking opinions on agreement. A dossier comprises:

a. Written request to the competent state management agency for opinion on agreement. Content of documents must clearly state location, scale of works, hydrological conditions and main structures of works;

b. The sectional drawing of construction areas or map showing position of works with coordinate system, milestone of height in reference to the national milestone system;

c. Apart from above provisions, dossier must have documents as prescribed for each specific case as follows:

- For projects of works of permanent bridges, temporary bridges:

+ Data of the clearance space for boats (position, aperture of bridge, height of clearance):

+ Vertical cross section of works showing on river cross section;

+ For swing bridges, drawbridges, pontoon bridges, plans and technicalities of closure and openning, tentative water areas for waterway transport means anchoring while waiting must be clearly state.

- For projects on works of lines, pipelines passing flows at overhead:

+ Drawings, data showing clearly the lowest points of lines, pipelines (lowest points of electric wires calculated the corridor for protection of Power grid).

- For projects of underground works at bottom of flows:

+ Drawings showing size, height of the structural peak of underground works.

- For projects of ferry works:

+ Drawings showing direction and size of ferries at two riversides, ancillary works and water area necessary for activities of ferry.

- For works of fishing ports, ports for security and defense:

+ Drawings showing ground of port zone, size, structure of wharves, ancillary works and water area necessary for activities of ferry.

- For works of embankment, correcting works:

+ Drawings showing directions and sizes of works, works’ part jutting out from the shore.

- For construction activities to dredge flows and exploit natural resources:

+ Sectional drawings, cross section and milestone record for determining position to dredge, pour soil or exploit natural resources.

2. The Ministry of Transport shall receive dossier; in case dossier is not clear, full as prescribed, it shall guide applicants for completion of dossier; in case dossier is filed by post, it must provide written guidance;

3. Within 07 working days, after receiving full dossier as prescribed, it shall reply in writing. In case time limit need to be prolonged for consideration, the Ministry of Transport must reply in writing and clearly state the reason and time for prolonging.

Article 19. Procedures for written agreement opinions applicable to works of projects of B, C groups related to the navigation safety of national inland waterways; the specialized inland waterway that are connected to national inland waterways; the specialized inland waterways that pass 02 provinces or more; or the specialized inland waterways that are connected between national inland waterways and local inland waterways

1. During making the investment project for works, works specified in clause 2 Article 16 of this Circular, apart from implementation of regulations of laws on investment in construction, investor shall send 01 set of dossier as specified in clause 1 Article 18 of this Circular by post or directly to the Vietnam inland waterway Department.

2. The Vietnam inland waterway Department shall receive dossier; in case dossier is not clear, full as prescribed, it shall guide applicants for completion of dossier; in case dossier is filed by post, it must provide written guidance;

3. Within 07 working days, after receiving full dossier as prescribed, it shall reply in writing. In case time limit need to be prolonged for consideration, the Vietnam inland waterway Department must reply in writing and clearly state the reason and time for prolonging.

Article 20. Procedures for written agreement opinions applicable to works of projects of B, C groups related to the navigation safety of local inland waterways; the specialized inland waterway that are connected to local inland waterways

1. During making the investment project for works, works specified in clause 2 Article 16 of this Circular, apart from implementation of regulations of laws on investment in construction, investor shall send 01 set of dossier as specified in clause 1 Article 18 of this Circular by post or directly to the provincial Services of Transport.

2. The provincial Services of Transport shall receive dossier; in case dossier is not clear, full as prescribed, they shall guide applicants for completion of dossier; in case dossier is filed by post, they must provide written guidance;

3. Within 07 working days, after receiving full dossier as prescribed, they shall reply in writing. In case time limit need to be prolonged for consideration, the provincial Services of Transport must reply in writing and clearly state the reason and time for prolonging.

Article 21. Procedures for acceptance of plan on ensuring navigation safety for works built on national inland waterways; the specialized inland waterways that are connected to national inland waterways; the specialized inland waterways that pass 02 provinces or more; or the specialized inland waterways that are connected between national inland waterways and local inland waterways

1. Before construction, for construction works specified in clause 2 Article 16 of this Circular, investors or organizations, individuals engaged in activities of construction project shall send 01 set of dossier by post or directly to the Vietnam inland waterway Department. A dossier comprises:

a. Written proposal for acceptance of plan on ensuring navigation safety for inland waterway;

b. Plan on building works;

c. Plan on ensuring navigation safety of inland waterway at construction area of works, includes:

- General illustrations on plan;

- Drawings of overall ground showing plan on allocating signals to ensure navigation safety, position of the moderation and control stations and allocating the means of regulation and control;

- Plan on allocating human resource;

- Regulation on guiding means passing the construction area;

- Time to perform plan.

2. The Vietnam inland waterway Department shall receive dossier; in case dossier is not clear, full as prescribed, it shall guide applicants for completion of dossier; in case dossier is filed by post, it must provide written guidance;

3. Within 05 working days, after receiving full dossier as prescribed, it shall have written acceptance. In case refusing plan on ensuring navigation safety or it is necessary to prolong time for consideration, the Vietnam inland waterway Department must reply in writing and clearly state the reason and time for prolonging.

4. Investors or organizations, individuals building works and the regional units managing inland waterways shall uniformly determine the construction water area at the scenery including:

a. Scope of construction water area;

b. Conditions of flows in scope affecting by construction of works.

5. In the course of construction, investors or organizations, individuals building works must implement fully plans on ensuring navigation safety. In case of changing plan on construction that affects to the navigation safety of regional inland waterway, investors or organizations, individuals building works must re-make dossier and submit it to state management agencies competent to the inland waterway navigation for consideration and acceptance on adjusting plan on ensuring navigation safety.

Article 22. Procedures for acceptance of plan on ensuring navigation safety for works built on local inland waterways; the specialized inland waterways that are connected to local inland waterways

1. Before construction, for construction works specified in clause 2 Article 16 of this Circular, investors or organizations, individuals engaged in activities of works construction shall send 01 set of dossier as specified in clause 1 Article 20 of this Circular by post or directly to the provincial Services of Transport.

2. The provincial Services of Transport shall receive dossier; in case dossier is not clear, full as prescribed, they shall guide applicants for completion of dossier; in case dossier is filed by post, they must provide written guidance;

3. Within 05 working days, after receiving full dossier as prescribed, they shall have written acceptance. In case refusing plan on ensuring navigation safety or it is necessary to prolong time for consideration, they must reply in writing and clearly state the reason and time for prolonging.

4. Investors or organizations, individuals building works and the regional units managing inland waterways shall uniformly determine the construction water area at the scenery including:

a. Scope of construction water area;

b. Conditions of flows in scope affecting by construction of works.

5. In the course of construction, investors or organizations, individuals building works must implement fully plan on ensuring navigation safety. In case of changing plan on construction that affects to the navigation safety of regional inland waterway, investors or organizations, individuals building works must re-make dossier and submit it to state management agencies competent to the inland waterway navigation for consideration and acceptance on adjusting plan on ensuring navigation safety.

Article 23. Procedures for acceptance of plan on ensuring navigation safety for cases building in scope of protection corridors of national inland waterway flows; the specialized inland waterways that are connected to national inland waterways; the specialized inland waterways that pass 02 provinces or more; or the specialized inland waterways that are connected between national inland waterways and local inland waterways

1. Before construction, for construction works specified in clause 2 Article 16 of this Circular, position of works located in the protection corridor of flows, investors or organizations, individuals building works must send 01 set of dossier as specified in clause 1 Article 20 of this Circular by post or directly to the regional units managing inland waterways.

2. The regional units managing inland waterways shall receive dossier; in case dossier is not clear, full as prescribed, they shall guide applicants for completion of dossier; in case dossier is filed by post, they must provide written guidance;

3. Within 05 working days, after receiving full dossier as prescribed, they shall have written acceptance. In case time limit need to be prolonged for consideration, they must reply in writing and clearly state the reason and time for prolonging.

Article 24. Completion of project

1. Within 30 days, after ending construction of works specified in clause 2 Article 16 of this Circular, investors or organizations, individuals engaged in activities of works construction must implement the following jobs:

a. Installing signals of inland waterway as prescribed for the works;

b. Organizing job of reviewing and removing obstacle arising in course of construction, in or outside of scope of the construction water area that affect to the safety of inland waterway navigation;

c. Handing over flows, scope of protection corridors of flows to the regional units managing inland waterway, including:

- Record on examining and reviewing and cleaning in the construction water area after finishing works between investor or organization, individual building works with the regional unit managing inland waterway on the basis of unified plan on reviewing and cleaning;

- Record of the regional unit managing inland waterway confirming the installment of signals of inland waterway of works to be proper with regulation;

- Record on handing over the flows of construction area between investor or organization, individual building works with the regional unit managing inland waterway on the basis of result on examining, reviwing and cleaning obstacles in the construction zone;

- Drawings for compeletion include:

+ Overall sectional drawing of position of works and scope of reviewing, cleaning and removing obstacle in the construction zone. Sectional drawing must have confirmation of investor, organization, individual building the works and the regional unit of managing inland waterway;

+ Vertical cross section of works (for construction works of bridge passing river, lines, pipelines passing flows at overhead or under bottom), or a river cross section at position of works that have most serious affects to the inland waterway navigation in the zone (for works of embankments, dams, dredging, removing obstacle) or the cross sections defined in the course of making investment project (for works of dredging, exploiting natural resources);

+ Sitemap of allocating the signals of inland waterway of the works.

2. The regional units managing inland waterway shall monitor, examine, guide and urge investors, organizations, individuals building the works in implementation of regulations in clause 1 of this Article.

3. While investors or organizations, individuals building the works have not yet performed regulations in clause 1 of this article, they must take responsibility for consequences due to unsafety of inland waterway navigation in the zone.

Chapter 6

REGULATION ON RESTRICTION OF INLAND WATERWAY NAVIGATION, MEASURES TO ENSURE NAVIGATION SAFETY

Article 25. Regulations on measures to ensure navigation safety

1. Cases restricted the inland waterway navigation are specified in clause 1 Article 21 of Law on inland waterway navigation

2. Measures to ensure navigation safety in cases restricted in inland waterway navigation are provided as follows:

a. Ensuring the navigation safety by signals of inland waterway when the affected scope does not exceed one-third of width of flow;

b. Ensuring the navigation safety by the moderation and control station in combination with signals of inland waterway when the affected scope is one-third of width of flow or more.

3. Agencies competent to announcement of navigation restriction shall consider, decide measures to ensure the navigation safety as prescribed in clause 2 of this Article.

Article 26. Competence to announce the navigation restriction

Apart from cases specified in clause 1 Article 27 of this Circular, the competence to announce the restriction of inland waterway navigation is provided as follows:

1. The Ministry of Transport shall consider and announce the restriction of inland waterway navigation for cases of security and defense assurance.

2. The Vietnam inland waterway Department shall consider and announce the restriction of inland waterway navigation on the national inland waterways; the specialized inland waterways that are connected to national inland waterways; the specialized inland waterways that pass 02 provinces or more; or the specialized inland waterways that are connected between national inland waterways and local inland waterways for case of banning entirely the waterway navigation on flows in continuous time of 24 hours or longer, except for case specified in clause 1 of this Article.

3. The regional units managing inland waterway of Vietnam inland waterway Department shall consider and announce the restriction of inland waterway navigation within their management scope for other cases not falling in competence of the Vietnam inland waterway Department.

4. The provincial Services of Transport shall consider and announce the restriction of inland waterway navigation on the local inland waterways and the specialized inland waterways that are connected to local inland waterways.

Article 27. Procedures for announcement on restriction of inland waterway navigation

1. In case of building the works:

Before construction, organizations or individuals shall send 01 set of dossier as specified in clause 1 Article 21 of this Circular by post or directly to the competent agencies .

The state management agencies competent to the inland water navigation specified in clause 2 Article 17 of this Circular, within 05 working days, after receiving full dossier as prescribed shall implement announcement on restriction of inland waterway navigation. In case dossier is not clear, full in accordance with regulation, they shall guide applicants for completion of dossier.

2. In case of organizing activities of sport, festival, rehearsal on the inland waterways:

Organizations or individuals wishing to organize the above-stated activities shall send written proposals to the state management agencies competent to inland waterway navigation for announcement on navigation restriction. The written request must clearly state location, time, scope, scale of organized activitied.

Agencies competent to announcement on restriction of inland waterway navigation specified in Article 26 of this Circular shall consider and determine mearsures for ensuring navigation safety to reply in writting within 5 working days after receiving written proposal and implement announcement of restriction of inland waterway navigation. The written reply must clearly state requirements on measures to ensure navigation safety.

3. In case of having obstacle irregularly; prevention from floods, storms, natural disasters, salvage, rescue or assurance of national defense and security:

Agencies competent to announcement on restriction of inland waterway navigation specified in Article 26 of this Circular shall, base on actual requirement to determine mearsures for ensuring navigation safety and implement announcement on restriction of inland waterway navigation.

4. Organizations, individuals building the works or implementing activities specified in clause 2, clause 3 of this Article shall take responsibility for expenses for announcement on restriction of inland waterway navigation and expenses for measures to ensure navigation safety in time of restricted inland waterway navigation, except case of having irregular obstacle that not owned by anyone.

Article 28. Procedures for annnouncement on restriction of navigation of national inland waterways; the specialized inland waterways that are connected to national inland waterways; the specialized inland waterways that pass 02 provinces or more; or the specialized inland waterways that are connected between national inland waterways and local inland waterways for case of banning entirely the waterway navigation on flows in continuous time of 24 hours or longer (except reason for security and defense)

1. Before construction, organizations or individuals shall send 01 set of dossier as prescribed in clause 1 Article 21 of this Circular by post or directly to the Vietnam inland waterway Department.

2. The Vietnam inland waterway Department shall receive dossier; in case dossier is not clear, full in accordance with regulation, it shall guide applicants for completion of dossier; in case dossier is filed by post, it must provide written guidance;

3. Within 05 working days, after receiving fully dossier in accordance with regulation, the Vietnam inland waterway Department shall implement announcement on restriction of inland waterway navigation.

Article 29. Procedures for annnouncement on restriction of navigation of national inland waterways; the specialized inland waterways that are connected to national inland waterways; the specialized inland waterways that pass 02 provinces or more; or the specialized inland waterways that are connected between national inland waterways and local inland waterways for case of banning entirely the waterway navigation on flows in continuous time of less than 24 hours

1. Before construction, organizations or individuals shall send 01 set of dossier as prescribed in clause 1 Article 21 of this Circular by post or directly to the regional units managing inland waterway.

2. The regional units managing inland waterways shall receive dossier; in case dossier is not clear, full as prescribed, they shall guide applicants for completion of dossier; in case dossier is filed by post, they must provide written guidance;

3. Within 05 working days, after receiving fully dossier in accordance with regulation, the regional units managing inland waterways shall implement announcement on restriction of inland waterway navigation.

Article 30. Procedures for announcement on restriction of inland waterway navigation on the local inland waterways; the specialized inland waterways that are connected to local inland waterways

1. Before construction, organizations or individuals shall send 01 set of dossier as specified in clause 1 Article 21 of this Circular by post or directly to the provincial Services of Transport.

2. The provincial Services of Transport shall receive dossier; in case dossier is not clear, full as prescribed, they shall guide applicants for completion of dossier; in case dossier is filed by post, they must provide written guidance;

3. Within 05 working days, after receiving fully dossier in accordance with regulation, the provincial Services of Transport shall implement announcement on restriction of inland waterway navigation.

Chapter 7

NOTIFICATIONS OF INLAND WATERWAY FLOWS

Article 31. Notifications of inland waterway flows comprise:

1. Regular notifications of inland waterway flows:

are periodical notifications of characteristics of flows, routes in course of management and exploitation of inland waterway flows, routes excluded time of flood season.

Regular notifications of inland waterway flows and routes comprise of two types:

a. The forecasting notification: Means monthly notification of technical characteristics, ability of change of forecasted flows, routes that are calculated according to data of hydrological forecast in a defined duration;

b. Notification of actual conditions: Means issuance of weekly notification of technical characteristic of actual conditions of flows, routes that are measured at a position on flows, routes in a specific time point before issuing notification.

2. Irregular notification of inland waterway flows:

Means notifications of irregular circumstances happening on flows, routes such as: Notifications of navigation restriction, notifications of navigating routes of ships, notification of transfering space for clearance of ships, notification of moderation and control, notifications of obstacles.

3. Time of flood season is provided as follows:

a. On Northern rivers: from June 15 to October 15;

b. On rivers between Thanh Hoa and Ha Tinh: from July 15 to November 15;

c. On rivers between Quang Binh and Ninh Thuan: from September 01 to December 15;

d. On rivers in Binh Thuan, Southern area and Highland: from June 15 to November 30;

Article 32. Contents of a notification of inland waterway flow

1. Contents of a forecasting notification comprise:

a. Changes of water levels according to the hydrological forecast about the maximum water level (Hmax), the minimum water level (Hmin) forecasted in next month and the water level actually measure of a latest day at the upper boundary points (hydrological station of upstream side) and the lower boundary point (tide at river gate);

b. Changes of flows, routes and calculation results of the minimum depth (hmin), the maximum depth (hmax), width of flow bottom (Bđ) calculated by data of Hmin, Hmax of the hydrological forecast. In case of a long route includes may sections of river with various technical levels, each section shall be selected a most shallow position for notification;

c. Notes when ships, boats travelling on flows, routes. Inscribing briefly other information related to flow notifications:

- Changes of water levels; tide; dredging, moderation and control, traffic accidents, obstacles on river routes;

- Relevant other matters.

2. Contents of a notification of actual conditions comprise:

a. Changes of water levels measured at hydrological stations on routes in the notification scope. A river route shall select only some main measuring station to notify changes of water levels. At each measuring station, making statistics by taking some number of the maximum water level (Hmax) and some number of minimum water level (Hmin) in week for notification, inscribed together with time of appearing;

b. Changes of flows, routes in inscribing the technical specifications actually measured on river routes through the results of measuring and exploring flows, creeks each week. Each river route, selecting only one or two most shallow positions for notification, if it is a long river divided into various sections, each section shall be selected a most shallow shoal to take data for notification of depth (h), width of flow bottom (Bđ). Clearly inscribing the measuring date of number of flows in notification is required and briefly making notes on necessary contents.

3. Irregular Notification:

Depending on specific requirements, notification may be performed in writing, by mass media, or in combination of two ways in order to ensure timeliness and exactness.

Article 33. Competence to issue notification of inland waterway flows and routes

1. The Vietnam inland waterway Department shall issue forecast notification of flows for main inland waterway routes, as prescribed in Annex No. 3 of this Circular.

2. The Sub-department of inland waterway shall issue notification of actual conditions of flows, for inland waterway routes under their management, as prescribed in Annex No. 4 of this Circular.

3. The Services of Transport shall issue forecast notification, notification of actual conditions of flows, routes assigned management through authorization, as prescribed in Annexes No. 3, 4 of this Circular.

4. Heads of the regional units managing inland waterways shall issue irregular notification when irregular cases happen on flows, routes under their management. Being responsible for supply of data of notification of actual conditions of flows to the Sub-departments of inland waterway of areas or to the provincial Services of Transport on Thursday each week by fax, then sending written report as prescribed in the Annex No. 5 of this Circular.

Article 34. Responsibility of agencies issuing the notification of flow

1. Fully collecting the hydrological, flow and route data and matters directly related to ensure the inland waterway navigation safety before issuing notification.

2. Issuing notification of inland waterway flows and routes in writing according to the set form.

3. Taking responsibility for information, data given out in notification.

4. Being entitled to organize the network of information, observation, measuring and collecting of hydrological data of flows, creeks and other matters directly related to ensuring the traffic safety of inland waterways for issuance of notification of inland waterway flows, routes.

5. In necessary case, being entitled to contact, cooperate with other specialized agencies to collect data to serve for issuance of notification of inland waterway flows, routes.

Chapter 8

ORGANIZATION FOR IMPLEMENTATION

Article 35. Responsibility for implementation organization

1. The Vietnam inland waterway Department shall organize implementation and inspect implementation of this Circular.

2. The Chief of office, the Chief Inspector of Ministry, Directors of Departments under Ministry, Director of the Vietnam inland waterway Department, Directors of Services of Transport of central-affiliated cities and provinces, relevant heads of agencies, organizations and individuals shall implement this Circular.

Article 36. Effect

1. This Circular takes effect 45 days after signing; replaces the Decision No. 27/2005/QD-BGTVT of May 17, 2005 of The Minister of Transport, on inland waterway management.

2. In the course of implementation, any arising problems should be reported to the Ministry of Transport for consideration and decision.