Decree 24/2015/nd-Cp: Detailed Provisions And Measures For The Implementation Of Some Articles Of The Law On Inland Waterway Transport And The Law On Amendments And Supplements To Some Articles Of The Law On Water Transport.

Original Language Title: Nghị định 24/2015/NĐ-CP: Quy định chi tiết và biện pháp thi hành một số điều của Luật Giao thông đường thủy nội địa và Luật sửa đổi, bổ sung một số điều của Luật Giao thông đường thủy...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
THE GOVERNMENT.
Number: 24 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 27, 2015

DECREE

Regulation of detail and measure of some of the provisions of the Local Waterway Law

and the Amendment Law, which adds some of the provisions of the Local Traffic Law

__________________________

Government Law Base December 25, 2001;

The Internal Traffic Law Base on June 15, 2004 and the Amendment Law, which added some of the provisions of the Internal Traffic Law on June 17, 2014;

On the recommendation of the Minister of Transport;

The government issued a detailed regulatory regulation and the measure of some of the provisions of the Internal Traffic Law and Amendment Law, which added some of the provisions of the Internal Traffic Law.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree rules out the details and measures of some of the provisions of the Internal Traffic Law and Amendment Law, which adds some of the provisions of the Inland Waterway Law, including: The scope of the corridors protection of the inland waterways; the conditions. operation of new facilities, swaps, vehicle recovery repairs; operational management at the inland seaport is allowed to receive overseas hydrowater facilities and safety methods of transportation of supercarrier goods, supercritical goods.

What? 2. Subject applies

This decree applies to organizations, individuals, and facilities related to domestic road traffic in Vietnam.

Chapter II

THE CORRIDORS PROTECT THE INLAND WATERWAYS, MANAGING NEW FACILITIES,

REPAIR, RESHUFFLE, VEHICLE RECOVERY

What? 3. The corridors protect the inland waterways.

The scope of the corridors protecting the flow of inland waterways stipulated at Clause 4 Article 16 of the Inland Waterway Law is determined from the edge of the flow back to each side and according to the local waterway engineering level, namely the following:

1. The corridors protect the inland waterways in case the flow is not on the shore.

a) For the inland waterways of the lake, the bay, the estuation of the rivers, the coast and the special flow: From 20 m to 25 m;

b) For the Level I internal waterway, level II: Between 15 m and 20 m;

c) For the local waterway flow III, level IV: From 10 m to 15 m;

d) For a V-level domestic waterway, the VI level: 10 m.

2. The corridors protect the inland waterways in the event that the shore flow is calculated from the edge of the natural shore up to the shore at least 5 m; the flow is in the city area, the town, the town, the scope of the flow protection corridor is just one. The red line is under the approval of the approved authority.

3. The characteristic base of each area, the domestic waterway management agency, in coordination with the Department of Natural Resources and Environment to identify the natural shoreline that serves the protection of the inland waterways.

What? 4. Identilocate the scope of the corridors protecting the inland waterways in some special cases.

1. The field of corridors protecting the flow of inland waterways with road safety corridors, the railway bridge, the scope of the passage of the flow protection is calculated from the edge of the stream to the natural bank edge and execution by law of law enforcement. Road bridge, rail bridge.

2. The case of corridors protecting the flow of the inland waterways with the security corridor of the maritime flow is done by law on the protection of navigation corridors.

3. The field of corridors protecting the flow of the local waterway with the scope of protection of room work, anti-disaster protection, and irrigation works, carried out by law of defense, anti-natural disaster, and defense. And the law of exploitation of irrigation works.

4. For inland waterways that have been approved for planning, the identification of the scope of the corridors protection of the inland waterways must be based on the local waterway engineering level as planned.

5. When a new or upgraded construction investment project, expansion of the inland waterway, the project owner must base on the domestic waterway system planning to determine the technical level of the inland waterway line, while simultaneously determining the scope of the planet. to protect the flow of inland waterways, build a method and execute the index after the completion of the project.

What? 5. Range of air protection, under the ground of local waterway works.

The scope for the protection of the air-based domestic waterways, the lower part of the ground stipulated at Article 2 of Article 14 of the Inland Navigation Laws under the technical level of each inland waterway, ensuring traffic safety, building safety and unaffected images. I mean, the management, the maintenance of the inland waterways.

What? 6. Operating conditions of the new closure facility, swaps, vehicle recovery repair

The organization, the individual active, swaps, swaps, vehicle recovery repairs (abbreviated as new facilities, vehicle repairs) regulations at Clause 1 Article 27 of the domestic Waterway Act must establish a business under the law of law, There ' s a new registry of occupation, local water repair, and we have to secure the following conditions:

1. There is a physical basis, fitting equipment; there is a manufacturing organization, business in line with the type, the size of the vehicle produced, the service business.

2. There is the monitoring department, quality management to ensure the product fulfills the full amount of standards, quality, technical safety, and environmental protection according to regulation.

3. With the technical staff, the quality inspection department meets the requirements for manufacturing, business, and specific activities as follows:

a) For the new construction facility, swaps, repair, recovery of vehicles with capacity from 50 or more; the vehicle has no engines but has a full payload from 200 tons or more; the vehicle is powered by a total of 135 horsepower. Forward; specialised vehicles such as floating dock, floating dock, floating body equipment, floating houses, floating hotels, pickers, suckcraft and other vehicles that have a design length of 10 m or up, have to have a technical department and product quality inspection division, each of them. The department has to have a minimum of 1 engineering engineers shipbuilding ships and 01 engineers majorage;

b) For the new construction facility, swaps, repair recovery of passenger vehicles from 13 people to less than 50 people; motor vehicles with total main machine capacity from 50 horses to under 135 horsepower; the vehicle has a design length of 20 m back. And there ' s a total payload of under 200 tons; specialized facilities such as floating dock, floating dock, floating construction equipment, floating houses, tugboats, suckships, and other vehicles that have a design length of less than 10 meters, each department must have a minimum of 01. The specialized level of shipbuilding, shipbuilding, shipbuilding, and 01 cadres of marine engineering. or college of craft majors;

c) For the new construction facility, swaps, repair repair of vehicles with a design length of less than 20 m; the motor vehicle with a total engine capacity of less than 50 horses; the motor vehicle with a total machine capacity of 15 horses and available. It takes 12 people to have a minimum of 1 major shipbuilding workers.

d) For the new construction facility, swaps, repair of the recovery of wood-based vehicles according to the ancient experience from many generations of people in each region and have been active safely posted (folk means) are the means of length. It was designed to be less than 20 feet (20 ft); the vehicle was powered by a total of 50 horses; the payload vehicle was all under 100 tons; the capacity under 12 people had to have a minimum of 1 skilled workers.

4. There is room for protection, fire, explosions, safety, sanitation, and room planning, anti-environmental pollution that has been approved by the authorities.

What? 7. Responsible management of new facilities, vehicle repair

1. The Department of Transport is responsible:

a) The National Technical Standards Board of the new closure facility, vehicle repair;

b) Host, in coordination with the relevant ministries, industry and local construction, announced the planning of new construction facilities, vehicle repairs.

2. The People ' s Committee of the Governing Body, the mandate, the prescribed authority is responsible for the management of the state over the operation of the new closure facility, repairing the means of operation on the site.

3. The Ministry of Natural Resources and Environment has a responsibility to coordinate with the Department of Transportation specific guidance on room planning, anti-environmental pollution on new facilities, vehicle repairs.

Chapter III

MANAGING OPERATIONS AT THE LOCAL WATERPORT

ALLOWED TO RECEIVE FOREIGN VEHICLES,

SUPER-SCHOOL, SUPERGRAVITY.

What? 8. The operation of foreign water facilities at the inland seaport is allowed to take on overseas water.

1. The foreign water vehicle is the registered waterway and is granted a registration certificate bearing the nationality flag of the foreign country.

2. Water vehicles from the arrival and leave of the inland water port are allowed to take on foreign means of carrying out procedures under the laws of navigation as for ships arriving, leaving the seaport of Vietnam.

3. Owner or manager, exploitation, use of the inland water port permitted to take on foreign vehicles must ensure safety, security; prevention, fire, explosions, and prevention of environmental pollution as prescribed by law.

What? 9. The principle of coordination of management operations at the inland seaport is allowed to take on overseas water.

1. The specialized state management agencies in the domestic seaport are allowed to take on the overseas water vehicle carrying out the mandate to follow the regulations of the law, which is not disturbing, which affects the normal functioning of the business. Homeport, landowners, landowners, vehicles, and other organizations, individuals in the port area, berths; the Port Authority of the inland waterway is responsible for the presiding, coordination of operations between the specialized state management agencies at the permitted inland water port. I'll take care of the water.

2. The specialized state management agencies at the domestic seaport are allowed to take on the closely coordinated water vehicle with each other when the mission is to facilitate the operation of the port businesses, the ship owner, the owner of the ship. You know, the media, the vehicles, the organizations, the other individuals are involved, ensuring the safety and efficiency of the operation.

3. The contracting entanged with the function, the task of other specialized state governing bodies must all be exchanged for timely resolution; the case is not uniform, it must be timely to inform the Port Authority of the local waterway. know to address the rules of the law.

4. When the procedure is made on the ship by regulation or in other special circumstances provided by the Director of the Port Authority of the Inland Sea decided and is responsible, the specialized state management agencies are established as a representative of the company. The area of the Port of the Inland Sea is the head of the union, and every state management agency sends only one participant; for the passenger ship, for rapid settlement of the procedure, the state governing body of state administration of defense and customs can be dispatched. add to the delegation but the number must be approved by the Chief of the Port Authority; if there is no need to go up Foreign water facilities, specialized state management agencies may not send men to participate in the procedure, but have to inform the Port of Homeland. I'm

5. In the event of an entangrium beyond the jurisdiction of the professional state governing body, the agency must promptly report its superior regulatory authority to address it; when necessary, the ministries, the sector are involved in the process. is responsible for coordinating with the Department of Transport for resolution by regulation.

What? 10. The responsibility of coordination of management operations at the inland seaport is allowed to take on overseas water.

1. The port of the domestic waterway is responsible for coordinating operations between specialized state management agencies at the local seaport which is allowed to take on overseas hydrowater facilities, including:

a) The Chair, which runs the coordination of management operations between specialized state management agencies in the inland seaport which is allowed to take on overseas hydrowater facilities;

b) Organization and presiding over conferences, meetings with specialized state management agencies or with agencies, organizations, other related businesses in the port area, the domestic marina to exchange consistency of solving the development of the birth of the country. in inland waterways in the inland seaport waters that are allowed to receive foreign water facilities due to their charge;

c) The requirements for other specialized state management agencies in the domestic seaport are allowed to take on hydrowater vehicles in timely notice of the procedure and resolution of the problem of the birth; requirements for the port enterprise, the ship owner, The captain of the ship and its agencies, the other related organization providing data, information about inland waterways in the inland seaport is allowed to receive foreign vehicles;

d) petits with the Chairman of the Provincial People 's Commission in the region, addressing the timely birth of the jurisdiction of the Provincial People' s Committee that was involved in the specialized state management operation at the next allowed domestic seaport. It's a foreign vehicle.

2. The other specialized state governing bodies at the domestic seaport are allowed to take on the responsibility of foreign water facilities:

a) Coordination closely to resolve in time, the right of law of procedures involving ships, cargo, passengers and crew when operating at the inland seaport is allowed to take on the foreign means by regulation at this Decree and the United States. The other rules are relevant to the law;

b) timely notice for the Port Authority of the domestic waterway knowing the results of the procedure concerning ships, cargo, boats, passengers while operating at the inland seaport are allowed to receive foreign vehicles;

c) Notice immediately to the Port Authority of the Waterway to coordinate the settlement in time after receiving and handling information from the Port Authority of the Inland Sea or the carrier.

What? 11. The responsibility of the ministries, sector and local to the operation of specialized state management agencies at the inland seaport is allowed to take on the overseas water vehicle.

The Ministry, the industry and the People's Committee of the provinces, the Central City of the Central Committee of functions, duties, regulations, are responsible:

1. Directed by, the operational guidance of the specialized state governing body of the state to perform well in coordination of the state management operation at the inland seaport is allowed to take on foreign vehicles.

2. Check out, inspect, and process violations by the rule of law.

3. The implementation of the application of information technology into the management operation ensures favorable and effective conditions for operations in the inland seaport being allowed to receive foreign vehicles.

What? 12. Responsibility and approval of the transport of superschool goods, supergravity goods

1. The superschool cargo is a commodity that has an unremovable actual size of over 10 m or a length of over 40 m or height above 4.5 m.

2. Supergravity goods are unremovable goods, having a full weight of over 100 tons.

3. Before carrying out the transport of superschool or supergravity goods, the captain of the vehicle or the carrier, the transport business person (called the truckload), must set up the approval of the transport and the authorities have the authority to approve. Super-school cargo transport, superweight goods have the following primary content:

a) Define the width, depth, radius of the flow of the flow; the stationary height of the cross-river works on the transport expected;

b) Location, location, unloading, unloading, unloading;

c) Guidelines for ensuring traffic safety, request support (if any);

d) Time, place rest on the journey path.

4. The authority approves the transport of superschool goods or supergravity goods

a) The Vietnam Inland Waterway Service approved a safety guarantee in the transport of super-school cargo, supergravity goods in the event of a vehicle leaving the inland waterway and the journey on the waterway.

b) The Vietnam Maritime Service organizes the approval of the safety guarantee in the transport of superschool cargo, supergravity goods in the event of a means of leaving the seaport;

c) The Transportation Department of Transportation approved a safety guarantee during the transport of superschool goods, supergravity goods in the event of a vehicle leaving the port of the domestic waterway on the domestic inland waterways.

5. The procedure, the procedure approves the transport of superschool goods, supergravity goods

a) The transport method can be submitted directly by the transport person at the authority with the authority or sent through the postal system;

b) In the period of 2 days, since the date of receiving a method of transport of superschool or supergravity goods, the body has a regulatory authority at Clause 4 This is responsible for organizing the examination, approval of the method and sending to the transport person to perform. Now. The transport people do not have to pay fees or fees on the approval of the transport method;

c) The case of the transport method does not meet the regulation requirement at paragraph 3 This, the slowest of the 1-day period since the date of receiving the transport method, the authority with the authority stipulated at paragraph 4 This must guide the complete carrier. method.

Chapter IV

THE ORGANIZATION.

What? 13.

The decree came into effect from 1 May 2015, replacing the Protocol No. 1. 21 /2005/NĐ-CP March 1, 2005, the government regulates the implementation of some of the provisions of the Internal Traffic Law.

What? 14. Time of transition

For the five-year period since the date of the implementation of this decree, the new facilities, the existing means of repairing the existing means to fully meet the provisions of this decree.

What? 15. Organization to execute

1. The Minister of Transport is responsible for the presiding officer, in coordination with the ministries, the departments and the People's Committee of the provinces, the relevant Central City of the Central Committee to implement this Protocol.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung