Nghị định 38/2017/ND-CP

DECREE

ON CONSTRUCTION AND OPERATION MANAGEMENT OF INLAND CONTAINER DEPOTS[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the November 26, 2014 Law on Investment;

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the June 23, 2014 Customs Law;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on construction and operation management of inland container depots.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the construction and operation management of inland container depots in Vietnam, including criteria for identification of inland container depots, infrastructure facilities and services at inland container depots; management of the construction and operation of inland container depots; management of operations of inland container depots; and powers and responsibilities of agencies and organizations at inland container depots.

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign organizations and individuals involved in the construction and operation management of inland container depots.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Inland container depot is part of transport infrastructure, a focal point of organization of transport connected with operations of seaports, airports, inland waterway ports, railway stations and land border gates, and at the same time functions as a border gate for imports and exports.

2. Control zone means a place of direct inspection and control of people, vehicles and cargo entering and leaving an inland container depot.

3. Administration office zone means a place where administrative, management and transaction activities of related parties at an inland container depot are carried out.

4. Project owner means an agency, organization or individual that owns funds, borrows funds or is assigned to directly manage and use funds for investing in the construction of an inland container depot.

5. Operator of inland container depot infrastructure (below referred to as inland container depot) means a project owner or a person authorized or hired by the project owner to manage the operation of an inland container depot.

6. TEU stands for Twenty-Foot Equivalent Unit, which is a unit of measurement of one standard container of 20 feet (length) by 8 feet (width) by 8.5 feet (height).

7. Logistics services mean commercial activities of a trader that performs one or more than one job, such as receiving cargo, transporting cargo, warehousing cargo, carrying out the customs procedures and paper-related procedures, providing counseling for customers, packaging cargo, writing codes and signs, delivering cargo or providing other cargo-related services as agreed upon with customers in order to enjoy remuneration.

8. High-capacity modes of transport include waterway transport along inland waterway routes of grade II or higher grade; railway transport along railways connected with inland container depots; and road transport along expressways.

9. Lessor of inland container depot infrastructure for operation means the project owner of such inland container depot or an organization assigned by a competent agency.

Article 4. Contents of state management of inland container depots

1. Formulating, promulgating, and organizing the implementation of, legal documents on inland container depots; and standards, national technical regulations and techno-economic norms related to inland container depots.

2. Formulating, approving, and organizing the implementation of, the master plan on development of inland container depots.

3. Concluding, acceding to, and organizing the implementation of, treaties concerning inland container depots in accordance with law.

4. Announcing the opening, closure or suspension of operation of inland container depots.

5. Managing the construction and operation of inland container depot infrastructure.

6. Performing the specialized state management of activities of people, vehicles and cargo at inland container depots (cargo inspection, performance of customs procedures, quarantine, environmental pollution prevention, security and order maintenance, and fire and explosion prevention and fighting safety).

7. Managing prices, charges and fees related to the operation of inland container depots.

8. Compiling statistics on inland container depots.

9. Inspecting, examining, settling complaints and denunciations, and handling violations in accordance with law.

Article 5. State management responsibilities for inland container depots

1. The Ministry of Transport shall act as the focal point assisting the Government in performing the state management of inland container depots, coordinating interdisciplinary activities and guiding the implementation of regulations concerning the construction and operation management of inland container depots.

2. The Ministry of Finance shall perform the state management of customs, prices, charges and fees at inland container depots in accordance with law.

3. Ministries and provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of the construction and operation of inland container depots.

Article 6. Functions of inland container depots

1. To receive and consign containerized cargoes.

2. To load cargoes into and unload cargoes from containers.

3. To accommodate containers for transportation to seaports and other places in accordance with law.

4. To inspect, and complete the customs procedures for, imports and exports.

5. To gather and divide less-than-container-load cargoes of different owners in the same containers.

6. To temporarily store imports and exports, and containers.

7. To repair and maintain containers.

Article 7. Criteria for identification of an inland container depot

1. Comforming to the approved master plan on development of the inland container depot system.

2. Being connected to major transport corridors and seaports serving regional economic development.

3. Having at least two modes of transport to facilitate multimodal transport or being directly connected to one high-capacity mode of transport.

4. Being large enough for arrangement of working offices for related agencies and organizations and having sufficient land areas to meet long-term development needs; being at least 5 ha in area, for a newly formed inland container depot.

5. Satisfying the law-prescribed requirements on fire and explosion prevention and fighting and environmental protection.

Article 8. Inland container depot infrastructure

1. Inland container depot infrastructure means physical and technical foundations built in conformity with the national technical regulation on inland container depots for performance of the depots’ functions.

2. Key infrastructure facilities of an inland container depot include:

a/ A system of cargo warehouses and storing yards;

b/ Facilities for maintenance of security and order at the depot and control of people, cargo and vehicles entering and leaving the depot, such as gates, fencing walls, screening, surveillance, control, inspection and storage equipment of customs offices; and physical and technical foundations for waste collection, storage and treatment;

c/ Parking lots for vehicles, cargo-handling equipment and other vehicles operating at the depot;

d/ Internal roads and roads connected to the transport system outside the depot;

dd/ An office zone with the administration house and working offices for related agencies such as customs and quarantine agencies, and other infrastructure facilities including power supply, water supply and drainage, and communications systems.

3. The Ministry of Transport shall issue the national technical regulation on inland container depots.

Article 9. Services at inland container depots

Services at inland container depots include:

1. Transport support services:

a/ Loading and unloading service, including container and cargo loading and unloading;

b/ Warehousing service;

c/ Transport agency service;

d/ Customs clearance agency service;

dd/ Cargo tally service;

e/ Container reinforcement, repair and cleaning service;

2. Transport services.

3. Cargo value-adding services: packaging, division, re-packaging, classification, labeling, processing, assembly, and inspection, and other added-value services.

4. Other services as prescribed by law.

Chapter II

CONSTRUCTION AND OPERATION MANAGEMENT OF INLAND
CONTAINER DEPOTS

Section 1. CONSTRUCTION MANAGEMENT OF INLAND CONTAINER DEPOTS

Article 10. Publicization of the list of inland container depots

The Minister of Transport shall annually draw up, publicize and update the list of inland container depots on its website and the website of the Vietnam Maritime Administration.

Article 11. Formulation, appraisal, approval and management of the master plan on development of inland container depots

1. The formulation, appraisal, approval, and management of the implementation, the master plan on inland container depots must comply with this Decree and regulations on the process of formulating master plans on development of sectors, fields and key products, construction master plans, and other relevant regulations.

2. Responsibilities of the Minister of Transport

a/ To organize the formulation and appraisal of, and submit to the Prime Minister for approval, the master plan on development of the inland container depot system; to propose adjustments to this master plan;

b/ To approve and adjust the detailed plan on development of inland container depots under regulations;

c/ To publicize, and guide and inspect the implementation of, the approved master plan on development of the inland container depot system;

d/ To direct the Vietnam Maritime Administration to coordinate with competent agencies under provincial-level People’s Committees in formulating, appraising and approving detailed plans on construction of inland container depots in localities in conformity with the approved master plan and detailed plan on development of inland container depots;

dd/ To manage, inspect and supervise the construction and operation of inland container depots under the approved master plan according to his/her competence.

3. Responsibilities of ministries and provincial-level People’s Committees

a/ To coordinate with the Ministry of Transport, Ministry of Finance and related agencies in managing the implementation of the master plan on inland container depots in accordance with this Decree and relevant regulations;

b/ To arrange land areas for construction and development of inland container depots under the approved master plan.

Article 12. Master plan on development of inland container depot system

1. The formulation of the master plan on development of the inland container depot system shall be based on the socio-economic development strategy, national defense and security tasks, and master plans on development of transport sectors and fields, and must comply with the master plan on development of the system of logistics centers nationwide.

2. Principal contents of the master plan on development of the inland container depot system include:

a/ Analysis and assessment of the current development and distribution of inland container depots nationwide;

b/ Demands for development of inland container depots for transport of imports and exports, cargo in transit, and containerized cargo across regions in the whole country, territorial areas and economic corridors; major transport routes connected to seaports, inland waterway ports, railway stations, airports and land border gates;

c/ Forecast of impacts of scientific and technological advances and infrastructure development of the country in the planning period on the development of inland container depots;

d/ Viewpoints, objectives and justifications for alternatives on development of inland container depots of the whole country, territorial areas and economic corridors;

dd/ Solutions, mechanisms and policies on development of inland container depots and organization of their implementation to ensure achievement of the master plan’s objectives;

e/ Analysis and assessment of satisfaction of national defense and security requirements;

g/ Strategic environmental impact assessment under regulations;

h/ Plan on development of inland container depots shown in the master plan’s drawing.

Article 13. Detailed plan on development of inland container depot system

1. The formulation of the detailed plan on development of inland container depots must comply with the approved master plan on development of the inland container depot system.

2. Principal contents of the detailed plan on development of inland container depots include:

a/ Actual conditions of the inland container depot system in the whole country and territorial areas; analysis of and comparison with the objectives of the approved master plan on development of inland container depots;

b/ Forecast of demands for transport of containerized cargo in each territorial area, economic corridor or attractive area;

c/ Planned location, size and capacity of inland container depots in each territorial area or economic corridor;

d/ Plan on connection of the transport infrastructure from inland container depots to the national transport system, seaports and other cargo border gates;

dd/ List of inland container depots prioritized for investment nationwide;

e/ Management and implementation solutions, mechanisms and policies for achievement of the plan’s objectives;

g/ A map of the planned locations and modes of transport connection.

Article 14. Detailed plans on construction of inland container depots

On the basis of the approved detailed plan on development of inland container depots, the order and procedures for formulation, appraisal and approval of detailed plans on construction of inland container depots must comply with the law on construction investment.

Article 15. Inland container depot transport connection

1. Inland container depot transport connection shall be associated with the capacity to organize the efficient operation and proper use of connected modes of transport.

2. The connection of inland container depots with modes of transport must comply with the law on operation and use management of infrastructure of such modes of transport.

Article 16. Principles of investment in construction of inland container depots

1. Vietnamese and foreign organizations and individuals that invest in building inland container depots in Vietnam shall comply with this Decree and relevant regulations.

2. Investment in the construction of inland container depots must comply with the approved master plan on development of inland container depots and other relevant master plans.

Article 17. Supervision of implementation of the master plan on inland container depots

1. Before formulating an investment project to build an inland container depot under the law on construction investment, a project owner shall send directly or by another appropriate mode to the Vietnam Maritime Administration 1 dossier of request for opinion on the conformity of the project with the master plan on inland container depots. The dossier must comprise a document made according to Form No. 01 in the Appendix to this Decree; a 1:10,000-scale overall drawing of the depot’s location showing its plan on transport connection; and a 1:2,000-scale drawing showing sites of the depot’s functional sub-zones.

2. Order of dossier receipt and processing

The Vietnam Maritime Administration shall receive a dossier; if finding the dossier invalid, within 2 working days after receiving it, the Vietnam Maritime Administration shall give a written instruction for the project owner to complete the dossier in accordance with this Decree; if finding the dossier valid, within 3 working days after receiving it, the Vietnam Maritime Administration shall issue a written agreement on investment in the construction of an inland container depot and send it directly or by post to the project owner; in case of refusal, it shall issue a written reply to the project owner, stating the reason.

3. Before building an inland container depot, the project owner shall send to the Vietnam Maritime Administration a copy of the decision on the work construction investment enclosed with a plan on arrangement of the overall site, a copy of the decision approving the work construction design, and the project’s environmental dossier to serve management work.

Article 18. Conversion of clearance depots into inland container depots

1. When wishing to convert a clearance depot into an inland container depot, the project owner shall send 1 dossier directly or by another appropriate mode to the Vietnam Maritime Administration. The dossier must comprise a written request for approval of the conversion of a clearance depot into an inland container depot and an overall drawing showing the location of the clearance depot, and plan on connection of functional sub-zones.

2. Order of dossier receipt and processing:

a/ The Vietnam Maritime Administration shall receive a dossier; if finding the dossier invalid, within 2 working days, the Vietnam Maritime Administration shall give a written instruction for the project owner to complete the dossier in accordance with this Decree;

b/ Within 2 working days after receiving a valid dossier, the Vietnam Maritime Administration shall send a written request to the Ministry of Finance, provincial-level People’s Committee of the locality where the inland container depot will be built and related agencies (if necessary), for opinion;

c/ Within 3 working days after receiving the request from the Vietnam Maritime Administration, the Ministry of Finance, provincial-level People’s Committee and related agencies shall give written replies;

d/ Within 5 working days after receiving a complete and valid dossier, the Vietnam Maritime Administration shall appraise it and send a report to the Ministry of Transport;

dd/ Within 3 working days after receiving the report from the Vietnam Maritime Administration, the Ministry of Transport shall issue a written approval of the conversion of a clearance depot into an inland container depot and send it directly or by post to the project owner; in case of disapproval, it shall issue a written reply to the project owner, stating the reason.

Section 2. ANNOUNCEMENT OF OPENING AND CLOSURE OF INLAND CONTAINER DEPOTS

Article 19. Competence to announce the opening and closure of inland container depots

1. The Minister of Transport shall announce the opening and closure of inland container depots.

2. The Minister of Finance shall decide on the establishment of clearance depots at inland container depots in accordance with regulations.

Article 20. Procedures for announcement of the opening of inland container depots

1. The project owner shall send directly or by another appropriate mode to the Vietnam Maritime Administration 1 set of dossier, comprising:

a/ A declaration of the opening of an inland container depot, made according to Form No. 02 in the Appendix to this Decree;

b/ A certified copy of a competent authority’s decision approving the investment project to build an inland container depot as prescribed by law;

c/ Certified copies of lawful papers proving land use rights under regulations;

d/ The original written record of the takeover test of the completed depot work before operation, enclosed with as-built drawings of the depot infrastructure items;

dd/ A certified copy of the decision approving the project’s environmental impact assessment report as prescribed;

e/ A certified copy of the written record of the takeover test of the satisfaction of fire prevention and fighting requirements as prescribed.

2. The Vietnam Maritime Administration shall receive a dossier; if finding the dossier invalid, within 2 working days after receiving it, the Vietnam Maritime Administration shall issue a written instruction for the project owner to complete the dossier in accordance with this Decree; if finding the dossier valid, within 5 working days after receiving it, the Vietnam Maritime Administration shall appraise it and send a written request to the Ministry of Transport for announcement of the opening of an inland container depot under regulations.

3. Within 3 working days after receiving the written request of the Vietnam Maritime Administration, the Ministry of Transport shall issue a decision to announce the opening of an inland container depot, made according to Form No. 03 in the Appendix to this Decree, and send it directly or by post to the project owner; in case of refusal, it shall issue a written reply to the project owner, stating the reason.

Article 21. Procedures for announcing the opening of inland container depots for clearance depots already planned to be converted into inland container depots

After the conversion of a clearance depot into an inland container depot is approved, the opening of the inland container depot shall be announced according to the order and procedures prescribed in Article 20 of this Decree.

Article 22. Operation suspension or closure of inland container depots

1. An inland container depot may be suspended from operation for maintenance or repair of the depot or to meet other requirements as prescribed by law. The project owner shall work out a plan before announcing the operation suspension of an inland container depot for maintenance or repair, ensuring that such suspension does not affect activities of agencies and units at the depot.

2. An inland container depot may be closed to meet national defense and security maintenance requirements or when it no longer satisfies the prescribed conditions for operation or in other cases prescribed by law.

3. Procedures for announcing the operation suspension or closure of an inland container depot

a/ A requester for operation suspension or closure of an inland container depot shall send directly or by another appropriate mode to the Ministry of Transport 1 dossier, comprising a written request for operation suspension or closure of an inland container depot, made according to Form No. 04 in the Appendix to this Decree;

b/ Within 5 working days after receiving the request, the Ministry of Transport shall issue a decision announcing the closure of an inland container depot, made according to Form No. 05 in the Appendix to this Decree; in case of refusal, it shall issue a written reply to the requester, stating the reason.

Section 3. NAMING AND RENAMING OF INLAND CONTAINER DEPOTS

Article 23. Principles of naming and renaming of inland container depots

1. An inland container depot shall be named or renamed under a decision announcing the opening of the depot at the proposal of the project owner or operator of the depot or an authorized person.

2. The name of an inland container depot must be in Vietnamese and may be accompanied by a name in English; it must start with the words “Cang can” (inland container depot), followed by the name of the geographical area where the depot is located or the name of the depot.

3. An inland container depot may not use the following names:

a/ A name which is identical to or confusingly similar to that of another enterprise or inland container depot or which is inappropriate to the proper name or function of an inland container depot;

b/ The name of a state agency, armed forces unit, political organization, socio-political organization or enterprise, unless it is permitted by such agency, unit, organization or enterprise;

c/ A name that consists of words or signs that breach historical, cultural or moral traditions or fine customs of the nation.

Article 24. Procedures for renaming inland container depots

1. The project owner or operator of an inland container depot shall send directly to the Ministry of Transport 1 declaration made according to Form No. 06 in the Appendix to this Decree and enclose it with a copy of the decision announcing the opening of an inland container depot.

2. The Ministry of Transport shall receive the dossier and appraise its validity; if finding that the dossier is invalid or the name of the inland container depot is inappropriate, it shall send a notice to the project owner or operator of the inland container depot for completing the dossier.

3. Within 3 working days after receiving a valid dossier, the Ministry of Transport shall issue a decision to rename an inland container depot; in case of refusal, it shall issue a written reply to the requester, stating the reason.

Section 4. OPERATION MANAGEMENT OF INLAND CONTAINER DEPOTS

Article 25. Principles of operation management of inland container depot infrastructure

1. The project owner of an inland container depot may decide on methods of and plans on operation of inland container depot infrastructure.

2. State-funded inland container depot infrastructure may be leased in part or in whole for operation.

Article 26. Transport within inland container depot areas

1. Transport connection between inland container depots and outside areas must ensure safety, convenience and synchrony and comply with relevant sectoral master plans in accordance with law.

2. Transport within inland container depot areas must ensure safety and convenience for activities of people, vehicles and cargo entering and leaving the depots.

3. In inland container depot areas and their vicinities, signboards shall be conspicuously erected according to technical regulations at cargo-handling zones, necessary locations, places where fire and explosion prevention and fighting equipment and devices are placed, gates and other locations related to activities of people, vehicles, equipment and cargo.

Section 5. OPERATION MANAGEMENT OF STATE-FUNDED INLAND CONTAINER DEPOT INFRASTRUCTURE

Article 27. Competence to decide on plans on lease of inland container depot infrastructure for operation

The agency that decides on investment in the construction of an inland container depot has the competence to approve a plan on lease of inland container depot infrastructure for operation and approve the lessee selection result.

Article 28. Plans on lease of inland container depot infrastructure for operation

1. The lessor shall prepare a plan on lease of inland container depot infrastructure for operation and submit it to a competent agency for approval under Article 27 of this Decree.

2. The principal contents of such a plan must include the name of the lessor; list and technical properties of leased assets; value of leased assets; lease term; rental rate; lease conditions; capital recovery capacity; rights, obligations and responsibilities of the lessee and lessor; form of selecting lessees; form of contract; and time for selecting lessees.

Article 29. Rental rates of inland container depot infrastructure facilities for operation

1. Rental rates of inland container depot infrastructure facilities for operation must comply with the law on price. The Minister of Finance shall decide on rental rates of inland container depot infrastructure facilities for operation at the proposal of project owners or agencies approving plans on lease of inland container depot infrastructure facilities for operation.

2. Rental rates of infrastructure facilities of an inland container depot for operation shall be approved by the agency that has decided on the investment in such depot, which must not be lower than the rates already decided by the Minister of Finance. Rental rates of infrastructure facilities of an inland container depot for operation include:

a/ The fixed rental, which shall be calculated based on the annual asset depreciation rate, money amount used to pay loan principal and interest (if any), expense for operation management of leased infrastructure facilities, and other expenses as prescribed. The lifetime of inland container depot infrastructure facilities used to calculate the rental is 50 years at most. The rental rate of an inland container depot infrastructure facility for operation must not be lower than the fixed rental;

b/ The changeable rental, which shall be collected according to a percentage (%) of the annual revenue from the operation of the leased assets.

3. Grounds and bases for determination of rental rates:

a/ Value of leased assets;

b/ Technical properties of leased assets;

c/ Lease conditions;

d/ Powers, obligations and responsibilities of related parties;

dd/ Other necessary conditions.

4. Rental rates may be adjusted in the following cases:

a/ Once every 5 years;

b/ When the inflation rate in Vietnam exceeds 15% a year;

c/ Other circumstances as proposed by the lessor or lessee and approved by the investment-deciding agency.

Article 30. Conditions for selection of lessees of inland container depot infrastructure for operation

A lessee of inland container depot infrastructure for operation must fully satisfy the following conditions:

1. Having the legal person status prescribed by law.

2. Being financially capable.

3. Having adequate staff members for operation management of infrastructure facilities to be leased.

4. Having an efficient infrastructure operation plan.

5. Offering the highest rental which is not lower than the rental rate stated in the approved plan on lease of inland container depot infrastructure for operation.

6. Having an operation plan which satisfies the prescribed requirements on security and national defense, environmental protection and fire and explosion prevention and fighting; having a plan ensuring that operation and use activities do not affect normal activities of related agencies and units.

Article 31. Forms of selecting lessees of inland container depot infrastructure for operation

1. The form, order and procedures for selecting lessees must comply with this Decree and relevant provisions of the bidding law.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with related agencies in, developing and issuing a model dossier on bidding for lease of state-funded inland container depot infrastructure for operation.

Article 32. Contract on lease of inland container depot infrastructure for operation

1. The lease of inland container depot infrastructure for operation shall be carried out under a contract signed by the two parties. Such contract shall be made on the basis of the approved lessee selection result and in pursuance to relevant regulations.

2. A lease contract must have the following principal contents:

a/ Name, address and bank account number of the lessor;

b/ Name, address and bank account number of the lessee;

c/ Lease term;

d/ Rental and payment conditions and method;

dd/ Rights and obligations of the lessor and lessee;

e/ List of leased assets;

g/ Conditions and order for modifying the lease contract, and conditions for sublease;

h/ Dispute settlement.

Article 33. Management of the use of revenues from lease of inland container depot infrastructure for operation

1. Revenues from the lease of inland container depot infrastructure for operation shall be prioritized for use for the following purposes and expenses:

a/ Upgrading, renovation and expansion of inland container depot infrastructure facilities;

b/ Investment in the construction of new inland container depot infrastructure facilities and for other purposes for the development of the transport sector;

c/ Expense for preparing a plan on and organizing the selection of the lessee;

d/ The lessor’s expense for operation management of inland container depot infrastructure;

dd/ Other proper purposes and reasonable expenses.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, specifying a financial mechanism for collection, payment and use of revenues from the lease of state-funded inland container depot infrastructure for operation.

Article 34. Sublease of inland container depot infrastructure

1. The lessee may sublease part of the leased inland container depot infrastructure to a Vietnamese or foreign organization or individual in accordance with this Decree and shall obtain the lessor’s written approval before effecting the sublease.

2. The sublease of inland container depot infrastructure shall be carried out under a contract, which must not be contrary to the contents of the lease contract signed with the lessor.

3. The lessee must be fully accountable before the lessor for the sublease.

4. The inland container depot infrastructure sublessee shall manage the operation of the inland container depot in accordance with law and the lease contract and may not further sublease such infrastructure.

Article 35. Organization of operation management of inland container depot infrastructure

1. The agency that has decided on investment in the construction of an inland container depot shall organize the operation management of inland container depot infrastructure.

2. The agency or organization that is assigned to manage the operation of inland container depot infrastructure has the following functions, tasks and powers:

a/ To create a mechanism for operation management of inland container depot infrastructure and submit it to the investment-deciding agency for approval and organize the implementation thereof;

b/ To manage state assets and supervise the operation of the leased inland container depot infrastructure;

c/ To supervise the performance of the lease contract;

d/ To organize regular and periodical inspection and supervision of the operation of inland container depot infrastructure to ensure inland container depot infrastructure facilities are used according to their functions and technical properties as prescribed;

dd/ To organize the collection of rentals from the lease of inland container depot infrastructure for operation;

e/ To request the lessee to strictly observe the prescribed technical processes of operating, maintaining and using inland container depot infrastructure and report on the lessee’s violations, if any, to the project owner for handling;

g/ When detecting an incident, to promptly inform it to the specialized state management agency; to coordinate with the infrastructure operator in dealing with incidents that damage inland container depot infrastructure; to supervise the repair of damaged inland container depot infrastructure under its management;

h/ To receive and propose plans on designing, construction, renovation, expansion or upgrading of inland container depot infrastructure at the request of the lessee or specialized state management agency;

i/ To supervise the satisfaction of the requirements on fire and explosion prevention and fighting, environmental sanitation, security and order as well as occupational safety within the inland container depot;

k/ To review the actual operation of inland container depot infrastructure and periodically report it to the project owner and related state management agencies under regulations;

l/ To perform other tasks as assigned.

Chapter III

OPERATION MANAGEMENT OF INLAND CONTAINER DEPOTS AND POWERS AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS AT INLAND CONTAINER DEPOTS

Section 1. OPERATION MANAGEMENT OF INLAND CONTAINER DEPOTS

Article 36. Internal regulations of inland container depots

1. The project owner of or organization or individual managing the operation of an inland container depot shall, pursuant to relevant laws and this Decree and based on specific conditions of such inland container depot, issue an internal regulation for the depot aiming to ensure the general operation efficiency, safety, security, and fire and explosion prevention and fighting; combat smuggling, trade fraud and tax evasion and protect the environment at the depot.

2. The internal regulation of an inland container depot must have the following principal contents:

a/ General regulations;

b/ Responsibilities of organizations and individuals operating at the depot;

c/ Activities of loading/unloading and transporting vehicles at the depot;

d/ Assurance of security and order, occupational safety, traffic safety, fire and explosion prevention and fighting safety, and environmental protection at the depot;

dd/ Organization of implementation and handling of violations.

3. Organizations and individuals doing business and providing services at an inland container depot shall observe its internal regulation and relevant laws.

Article 37. Provisions on assurance of security, order, safety, fire and explosion prevention and fighting and environmental pollution prevention at inland container depots

1. Inland container depot operators and organizations and individuals operating at inland container depots shall fully comply with regulations on assurance of security, order, safety, fire and explosion prevention and fighting and environmental pollution prevention.

2. In the course of operation, if detecting signs of violation of the regulations on assurance of security, order, occupational safety, environmental sanitation and fire and explosion prevention and fighting, related organizations and individuals shall notify them to competent state management agencies and people managing the operation of inland container depots for handling under regulations.

Section 2. POWERS AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS AT INLAND CONTAINER DEPOTS

Article 38. Principles of coordination in management activities

1. Specialized state management agencies at inland container depots shall closely coordinate with one another in performing their tasks in order to facilitate activities of operators of inland container depots, vehicle owners, cargo owners and other related organizations and individuals, ensuring safe and effective activities at inland container depots.

2. Arising problems related to the functions and tasks of other specialized state management agencies shall be promptly settled through exchange of opinions and agreement. For a problem that falls beyond the competence of a specialized state management agency, this agency shall promptly report it to the superior management agency for settlement; when necessary, related ministries and sectors shall coordinate with the Ministry of Transport in settling a problem provided that within 4 hours after receiving a report on the problem, they shall notify their settlement decision to related parties.

3. While performing their tasks, specialized state management agencies shall coordinate with other related agencies and organizations in organizing the strict enforcement of regulations applicable to activities at inland container depots.

Article 39. Responsibilities and powers of ministries, sectors and localities for operations of inland container depots

1. Specialized state management agencies at inland container depots, including customs, health quarantine, animal quarantine and plant quarantine agencies and other related agencies, shall:

a/ Exercise the powers and perform the responsibilities of their ministries and sectors in accordance with law; refrain from causing troubles that affect normal activities of inland container depot operators, vehicle owners, cargo owners or other organizations and individuals operating within inland container depot areas;

b/ Depending on actual demands, assign staff members to work on a full-time or part-time basis within inland container depot areas for promptly and properly carrying out import, export, transit, health quarantine and other procedures for cargo handled in inland container depot areas.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, publicizing, and guiding and organizing the implementation of, this Decree; and shall assume the prime responsibility for, and coordinate with the Ministry of Finance and related agencies in, inspecting and assessing specific conditions of clearance depots in order to announce the opening of inland container depots in accordance with this Decree.

3. The Ministry of Finance shall review and improve mechanisms for operation management of clearance depots to ensure they are arranged in ways suitable to practical conditions and facilitate import and export activities of enterprises.

4. Related ministries, sectors and provincial-level People’s Committees shall, within the ambit of their functions, tasks and powers, direct their attached agencies and organizations in organizing the implementation of this Decree; and direct and guide operations of specialized state management agencies under their management to properly coordinate with one another in state management activities at inland container depots; examine, inspect, and handle violations in accordance with law; and apply information technology to their management activities to facilitate the construction and operation management of inland container depots.

Article 40. Responsibilities and powers of project owners of and enterprises managing the operation of inland container depots

1. Responsibilities of project owners of and enterprises managing the operation of inland container depots

a/ To manage and administer operations of inland container depots in accordance with this Decree and relevant regulations;

b/ To create favorable conditions for organizations and individuals and specialized state management agencies to perform their tasks at inland container depots;

c/ To coordinate with related agencies, organizations and individuals in preventing acts of smuggling, trade fraud or tax evasion and other illegal acts at inland container depots;

d/ Before December 20 every year, to send to the Ministry of Transport and provincial-level People’s Committees reports on operations of inland container depots, made according to Form No. 07 in the Appendix to this Decree, or send extraordinary reports at the request of the Ministry of Transport or provincial-level People’s Committees;

dd/ When natural disasters, fires, accidents or extraordinary incidents occur, inland container depot operators shall apply all possible measures, including mobilization of available resources, and coordinate with related agencies in rescuing people, cargo and vehicles, and preclude and remedy incidents and, at the same time, carry out necessary legal procedures and measures in accordance with law.

2. Powers of project owners of and enterprises managing the operation of inland container depots

a/ To sign contracts with organizations and individuals on the operation and use of inland container depot infrastructure in accordance with law;

b/ To cancel signed contracts, and suspend, or propose the suspension of, activities of related organizations and individuals within inland container depot areas under regulations in order to timely prevent risks of unsafety, insecurity or environmental pollution or harm to community health in accordance with law;

c/ To propose competent agencies to settle problems arising in the course of managing and operating inland container depots.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 41. Effect

1. This Decree takes effect on July 1, 2017.

2. To annul the Prime Minister’s Decision No. 47/2014/QD-TTg of August 27, 2014, promulgating the Regulation on management of operations of inland container depots.

Article 42. Transitional provision

Investment projects to build inland container depots in which investment has been decided by competent authorities or inland container depots which are built before the effective date of this Decree but have not yet been put into operation and use continue to comply with the Prime Minister’s Decision No. 47/2014/QD-TTg of August 27, 2014, promulgating the Regulation on management of operations of inland container depots.

Article 43. Organization of implementation

1. The Minister of Transport 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, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

* The Appendix to this Decree is not translated.