Circular 37/2013/tt-Bgtvt: Rules Of Dredging Inland Waterways, The Harbour Waters, Ben Interior Combining Artisanal Products

Original Language Title: Thông tư 37/2013/TT-BGTVT: Quy định về nạo vét luồng đường thủy nội địa, vùng nước cảng, bến thủy nội địa kết hợp tận thu sản phẩm

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TRANSPORT DEPARTMENT
Number: 37 /2013/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 24, 2013

IT ' S SMART

The regulations on the dredging of inland waterways, the waters of the harbor,

Domestic marina combined to collect the product.

____________

Local Waterway Traffic Law. 23 /2004/QH11 June 25, 2004;

Base of Protocol 21 /2005/NĐ-CP March 1, 2005 of the Government rules the details of the implementation of a book of the Internal Traffic Law;

Base of Protocol 107 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Transport;

Base of Protocol 114 /2010/NĐ-CP December 6, 2010 the Government on the maintenance of construction works;

Index Base 29 /2008/CT-TTg October 2, 2008 by the Prime Minister on October 2, 2008, the Government of the Government on the continued strengthening of state management to survey activities, exploitation, shipping, consumption of sand, river gravel;

At the suggestion of the Chief of the Infrastructure Infrastructure and the Secretary of State of Vietnam ' s Department of Homeland Security;

The Minister of Transport issued a regulatory advisory on the dredging of the inland waterways, the port waters, inland marinas combined to collect the product,

What? 1. The tuning range and subject apply

1. This information provides for the dredging of inland waterways, the port waters, the inland marina combined to collect the product.

2. This information applies to organizations, Vietnamese individuals and foreign countries, state regulatory agencies involved in dredging of inland waterways, port waters, inland marinas combined to collect products, not using state budgets.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. The state governing body of the domestic waterway: is the Ministry of Transport for domestic waterway management; as the Provincial People 's Committee, the Central City of Central City for Local Water Road Management (abbreviated as the People' s Committee). -Wake up.

2. The domestic waterway management agency: is the agency that performs the state management function specialized in the domestic waterway traffic, including: the specialized agency of the Transport Ministry is the Vietnam Department of Homeland Security and the specialist body of the Ministry of Transport. The provincial community is the Department of Transportation.

3. Regional Marine Road Management Authority: is the direct subordinate agency of the domestic waterway management agency.

4. Inland Waterway maintenance unit: as organizations, individuals directly implementing the maintenance of the inland waterway work.

5. The idea of maintaining inland waterways, port waters, inland marina: dredging the current technical level.

6. The anxate upgraded inland waterways, port waters, inland marina: dredging the higher level of engineering.

What? 3. Set up a portfolio of dredging works that combine product collection

1. The state priorititiate and encourages investors to participate in the dredging of inland waterways, the port waters, the inland marina combined to collect the product, not using the state budget in accordance with the rule of law, ensuring harmony between the two countries. the benefits of the State and of the investor.

2. The domestic waterways governing body of development planning development, technical level, water flow status, port waters, inland marina organizes a portfolio of projects (work) implementing investment dredging in the form of a combination. to collect the product, not use the state budget on the domestic waterways, the state management agency on the domestic waterway review, approved by September 30 every year.

3. Catalogue of projects (work) must have the following primary content:

a) Project Name;

b) The goal of the project;

c) The location of the project;

d) The summary of the specifications, the principal design standard of the work, the expected volume of dredging; the time of execution.

4. The state governing body of the domestic waterway appraisal and approval of the portfolio of projects (work) implementation of the dredging investment combined product collection, which does not use the state budget for inland waterways and port waters, marina, and water supply. Yeah, Homeland

For the project category on the domestic waterway, the national inland port waters, the Department of Transportation held the idea of the Provincial People's Committee where the project passed before the decision.

5. The approved project category (work) category may be modified, complemated in the case of a planning or current state of waterway flow, the inland port waters change or have been approved of the planned implementation by other capital sources.

What? 4. Project Category

1. The project category (work) is published on the electronic information site of the state governing body of the domestic waterway and the domestic waterway management agency after five days of work since the date of the approved project portfolio (including the project categories). modified, supplemated.

2. The project category (work) is published to have the content primarily specified at paragraph 3 Article 3 of this message.

What? 5. Register for project execution

1. The investor may register to implement the project in the project category that announced or the project is not yet in the published category.

2. Registration profile includes:

a) The registration text implementation of the project under the prescribed pattern at Annex 1 of this Information, specifies the information of the project: project name, work name, location, location, scope, necessity, execution form, implementation time, and internal affairs. The other is

b) The legal profile of the investor (Business Registration Certificate or Investment Certificate and Relevant Papers of the investor such as contract, joint venture, link);

c) Financial, technical, investor capacity. The nearest adjacent 03-year financial report was confirmed by the authority to confirm (the audit agency or the tax authority or the financial agency) or the financial commitment text that carried out the project;

d) The energy profile performs the same project of the investor: (if any).

What? 6. Accept investor implementation of the project

1. The investor sends 1 sets of registered registration records in accordance with provisions at paragraph 2 Article 5 of this Smart via postal or direct payment at the state governing body of the domestic waterway.

2. The state governing body for the domestic waterway is responsible:

a) Take on the case; the case case is unclear, full by regulation, the slog of the 02 working days must have a written answer to the investor;

b) The case with a registered investor implementing 1 project, the 10-day slog of work since the date of receiving the full record by regulation, has an approved investor-approved document carrying out the project;

c) The case from the two investors who came up with the same registration of 1 project 1 project, the 20-day delay of working since the date of receiving the first file full by regulation, the organization of the appraisal of legal factors, financial competability, technical competability, experience. implement the project and has an investor approval text that proposes implementation of the project;

d) There was an answer, stating that the reason for the investor was not approved for the project.

What? 7. Case proposes project

During the 45-day period, since the date of receiving the accepted text of the project of the state administration of the domestic waterway, the investor is responsible for conducting the survey, setting up and sending 01 of the project's proposed project to the domestic waterway management agency. The proposed profile for the project included:

1. The proposed text approx the project proposal record.

2. The project proposes project with the following main content:

a) The purpose of using the yield is in the process of dredging;

b) Define the location, scale, scope of the public exam; determine the volume of dredging according to the design of the design that has been published or analyzed, proposed specifications, the standard of execution;

c) Public execution, public self-execution, planning and progress performed; test measures, quality control and execution;

d) The method of ensuring the safety of domestic waterways, safety of labor, environmental protection, fire prevention pursues to the rule of law;

e) Specify the preliminary investment capital of the project and the project implementation deadline;

3. A design drawing: a total-face drawing (a topographic survey, stream or water area, water; location of the vehicle dredging, the location of the dredging product, etc.); the cross-section of the dredging area; the blueprint of cutting edge dredging; and the edge of the edge. the stream, the water in front of the cutting side and other drawings involved;

4. The text of the pledge to implement the project includes: a commitment to human capacity, the assurance equipment and the quality of the project and the resolution of remediation if the project is not correct by regulation;

5. Financial Security or guarantee of the appropriate project;

6. Other documents that are required for the process of the proposed record execution of the project (if any).

What? 8. Appropriation of project proposals

1. The inland waterway management takes on the project proposed project; the case case is not yet clear, full by regulation then the manual for the investor to complete the profile;

2. At least 15 working days, since the date of receiving enough filing by regulation, the body of the domestic waterway management, the appraisal of legal factors, financial competability, technical competability, project execution experience and approval profile of the investor ' s project proposals. according to the prescribed form at Annex 2 of this Information. The non-approved case must have an answer text, stating the reason.

What? 9. Negotiate, sign and adjust the project contract

1. The decision base approves the project profile of the regulatory agency on the case of the filing of the defined environmental impact assessment at the International Protocol. 29 /2011/NĐ-CP April 28, 2011 of the Government, the domestic waterway management agency organizes negotiations and signs the contract implementation of the project with the selected investor. The content of negotiation and contracting implementation of the project with the investor complied with the provisions of the existing law, which must have the following main content:

a) the information of the inside of the contract;

b) Information on the project: Project Name, work name, location, location;

c) The scope and standard of design;

d) The volume of dredging;

e) Measure, sequencing, execution of execution and process of execution;

g) The method of ensuring safety of inland waterways, safety of labor, fire, and fire, according to law;

h) Implemonation of the resulting product registration and subject to the supervision of the resulting product in the process of implementation of the project under the guidance of the Directorate of Geology and Mineral Resources, Ministry of Natural Resources and Environment;

i) Check, monitor, experience, method of transfer and take on the work after completion;

l) The violation of the breach during the implementation of the project.

2. The deadline for the contract implementation due to the parties agreement is consistent with the stated category, volume, vehicle, dredging device, the assurance of traffic safety, product collection and other related conditions. The deadline for the contract implementation may be renewed or shortened under the regulatory conditions at the contract implementation of the project.

3. The adjustment of the agreed conditions at the contract implementation contract is only considered in the following circumstances:

a) The project is influenced by natural disasters or other adverse events;

b) Append the higher efficiency factors for the project;

c) When the planning changes directly affect the site, scale, properties, objectives of the project;

d) Other cases agreed in the contract to implement the signed project. The investor must announce the need for a change to the domestic waterway management agency to perform negotiations, reregulation the contract to implement the project after the official regulatory approval of the agency, state management of the domestic waterway.

What? 10. The relevant costs carry out the project

1. The set of fees, the publication of the project category, carried out the inspection, supervised by the authority of the state agency and was deployed from the state budget under the guidance of the Ministry of Finance.

2. Survey costs, project files; dredging; monitoring counseling, remediation of the incident; table capture when completed and other related expenses to implement the project paid by the investor in accordance with the decision to approve the project.

What? 11. Make sure the obligation to implement the project contract

1. Measuring the obligation to implement a project contract applied in the form of a bank ' s bail or other obligation guarantee by law, the amount of guarantees that the project contract implementation is not less than 5% of the total capital. The investment of the project.

2. Secure the obligation to implement the project contract effective since the date of the contract implementation of the official signed project to the date the work is entered into use. The investor is not receiving a guarantee of contract implementation in the case of refusing to implement the contract after the project contract is in effect.

What? 12. Organization for deployment, management, monitoring of project execution

1. The domestic waterway management agency is responsible:

a) The organization approx the safety of the local waterway safety guarantee, the boundary table, the face of formula serving the approved project;

b) Command of the regional hydronavigation management agency, the internal waterway maintenance unit, which oversees the process of implementation of the project by regulation;

c) The Chair, in collaboration with the investor selection of the oversight advisory unit that is eligible to oversee the process implementation of the project under the regulatory management of the work and process of the existing law;

d) The monitoring organization, assessing the compliance of investors ' obligations in the implementation of the requirements of scale, technical standards, process quality, process execution progress, environmental protection, fire prevention, firefighting, and other issues in accordance with the agreement. It ' s in the contract.

Organization of the periodic examination, the groundbreaking work on the investor's project, the oversight advisory, the regional waterway management agency, and the domestic waterway maintenance unit;

e) A quarterly statement of the state management agency on the results of the domestic waterway results and the proposal to address the entangrium, which is associated with the adjustment, termination of the project.

2. Prior to the deployment of the responsible investor execution:

a) Complete full procedures on resource, environment, and related procedures under the rule of law;

b) The method of regulating regulatory control ensures that the internal waterway management of the local waterways is approved by regulation;

c) The contract with the oversight oversight counsel;

d) The timing of the construction time, the number of equipment vehicles, the manpower (name of the relevant units, the regional domestic waterways governing body;)

Check, confirm the waterfront with local authorities before dredging the inland waterways, port waters, inland waters.

3. The execution process, the responsible investor:

a) The organization took over the boundary table, the face of the dredging test, and the restoration of the public at the discretion of the decision was granted; and the measure of the area was given to the world, and the dredging of the foreground was dredged.

b) The organization execs, the recovery, the hand of the categories and the entire work according to the approved project profile in accordance with the rule of the law;

c) Do in accordance with the correct content of the approved project and the signed contract;

d) Make full implementation of environmental protection regulations according to the approved environmental impact assessment, implementing the safety of the domestic waterway in the process of competition; tax regime, fees, fees, and other financial obligations under the rules of the environment. The law of the law;

e) periodically (monthly and quarterly) report the situation and results of the project with the local waterway management agency and regional inland waterway management unit.

4. The Regional Marine Road Management Agency has a responsibility:

a) The Chair, in coordination with the agencies, the relevant unit of instruction, the inspection of the process of monitoring the project of the investor in accordance with the approved project content and the relevant law regulations;

b) The investor's request for the installation and regulation of the local waterway signage of the public domain according to the correct method was approved;

c) In response to the implementation of the situation, the changes in the process of execution compared to the project profile are approved to the top-level management body.

d) periodically (monthly and quarterly) report the results of the investor's project, consulting the monitoring of the domestic waterway management agency.

5. The oversight advisory organization is responsible:

a) Perform the function of monitoring the investor's project under the correct content of the approved content and the conduct of the construction of public construction work in the shipping industry accompanying the number decision. 22 /2008/QD-BGTVT October 20, 2008 by the Minister of Transportation;

b) Coordinated with local specialized agencies in the monitoring of validation of the investor's dredging product volume.

c) A periodic report (monthly and quarterly) results on the investor's project, consulting the monitoring of the domestic waterway management agency.

6. The Provincial People ' s Committee (for the project on the domestic waterway, the national inland port waters) is responsible for:

The executive director of the resource management agency, the environment of the local implementation of the mass register of the dredging product by regulation at paragraph 3 Directive No. 29 /2008/CT-TTg The Prime Minister 's October 2, 2008, 2008, the Prime Minister' s continued strengthening of state management of the survey, mining, shipping, consumption of sand, river gravel consumption; in coordination with the domestic road management agency that oversees the compliance of the government. the obligations of investors in the implementation of the project (the dredging position, the dredging product).

What? 13. End of project contract

1. The project contract ends before the deadline due to a violation of the contract of one of the parties without effective remedied, due to the inviolable event or other cases stipulated at the project contract.

2. The agreed parties in the contract project the conditions of termination of the contract and the treatment when the contract ends before the deadline in the specified cases at 1 Article.

What? 14. Complete project execution and project desk

1. After the project is complete, the investor is responsible for the completion of the completion record, the domestic waterway management agency report and the survey organization, the completion of the completion of the process into use; the work desk for the local waterway management agency. According to the rules.

2. The domestic waterway management agency is responsible:

a) The results of the results of the results of the dredging and execution of the procedures that end the project contract by regulation. The recording component includes: representative of the state governing body of the inland waterway, the domestic waterway management agency, the regional inland waterway management agency, the inland waterway maintenance unit and the agency, the related unit administered by the agency ' s governing body. the domestic waterway selected; conduct the work desk procedure for the prescribed operating management unit after the completion of the project;

b) General, evaluate the results of the project execution; the proposal for processing to the units that did not complete the right proposal to implement the project was approved or the project contract was signed.

3. The regional inland waterway management of the area receives and manages, operate, exploit the work after completion of the project.

What? 15. Waste Processing

1. The individual violation of the law in the dredging operation maintains the inland waterways, the port waters, the inland marina, in a form that combines the cost of dredging the cost of dredging, not using the state budget, in addition to being punished. It is the administrative code that is executed in accordance with one of the following forms:

a) Stop the review, approve the project for intentionally unsupplemable behavior, the proposed record when required.

b) End implementation of the project in the following cases:

After 60 days, since the day the administration of the domestic waterway has decided to approve the project, which the investor deliberately did not conduct the trade, signing the contract to deploy the project, unless the main reason for the state ' s state governing body was on the way. All right, Homeland.

Or after three months, since the day the administration of the domestic waterway has decided to approve the project, the investor does not implement the project or slow down the project without the correct reason.

c) Prohibition of maintenance projects and other projects by the state governing body of the domestic waterway as an investment holder from 06 to 36 months for the individual organization in violation of regulations at paragraph 2 Article 12 and paragraph 1 Article 14 of this Smart. It's a serious consequence.

2. The domestic waterway management agency is responsible for organizing an assessment of the level of the investor's violation and the proposed regulatory measure at this one Article, the state governing body of the domestic waterway review, the decision.

What? 16.

1. This message came into effect from 1 January 2014.

2. The approved investor implementation of the project prior to this date is that the enforcement effect is continued to follow the provisions of the approved or approved text of the competent state authority.

3. The project has made a decision to choose the investor before the date of this date in effect, not making a selection of the investor in accordance with the regulation at this Smart.

What? 17. Organization to execute

1. The Chief of Staff, Chief Inspector of the Department, Department of Affairs, Department of Homeland Security, Vietnam Department of Homeland Security, Director of the Department of Transportation of the Provinces, the Central City and the Agency, the organization, the relevant individual responsible for the execution. This is private.

2. In the course of execution if there is an entangrium, the requirements of the agencies, organizations, individuals reflect with the Department of Transport for consideration, resolve.

Minister.

(signed)

The La rose.