Circular/25 2013/tt-Bgtvt: Regulation On The Order And Procedure For Implementing Maritime Deepening, The Water, The Water In The Port Waters Combined Artisanal Products, Don't Use A Budget Nh

Original Language Title: Thông tư 25/2013/TT-BGTVT: Quy định về trình tự, thủ tục thực hiện nạo vét luồng hàng hải, khu nước, vùng nước trong vùng nước cảng biển kết hợp tận thu sản phẩm, không sử dụng ngân sách nh

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The CIRCULAR regulates the order and procedure for implementing maritime deepening, the water, the water in the port waters combined artisanal products, not using the State budget and state management of activities for maritime exploration, mineral extraction in the waters of the port and the maritime streams _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 21/2012/ND-CP dated 21 March 2012 of The Government on the management of the port and the maritime streams (hereinafter the Decree No. 21/2012/ND-CP);
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
The base directive no. 29/2008/CT-TTg on October 2, 2008 by the Prime Minister on continuing to strengthen governance for survey activities, mining, transport, consumption of sand and gravel riverbed.
At the suggestion of the Director of the transportation infrastructure and the Vietnam Maritime Bureau Chief;
The Minister of transport issued a circular regulating the sequences, procedures done in maritime deepening, the water, the water in the port waters combined artisanal products, not using the State budget and state management for the maritime exploration , mineral extraction in the waters of the port and the maritime streams, article 1. Scope and objects 1. This circular regulates the order and procedures for implementing maritime deepening, anchoring zone, zone transfer, to avoid the storm, the region welcomes charged, quarantine areas, the region and the ship returned to the water, other water (hereafter called the maritime zones of water flow, the water) in the port waters of artisanal products matching , do not use the State budget and state management of activities for maritime exploration, mineral extraction in the waters of the port and the maritime streams.
2. This circular apply to organizations, individuals and foreign countries Vietnam, state management bodies relevant to the operation of maritime deepening, the water, the water in the port waters in the form of combined artisanal products offset the cost of dredging and maritime governance for exploration , mineral extraction in the waters of the port and the maritime streams.
Article 2. Set up project categories encourage dredging combining artisanal products 1. The State encouraged the investors involved dredging activities done all online streaming, marine water, the water in the port waters in the form of combined artisanal products offset the cost of dredging in accordance with the law, ensure harmony between the interests of the State and of the investors.
2. In January of every year, the base plan, development needs, exploit the sea port, traffic; boats and cargo through the port, the expected level of sa and claims expense made Vietnam Maritime Bureau, held up the category of projects encourage dredging combining artisanal products, not using the State budget process Ministry of transportation review, approval.
3. list of projects must have the following principal contents: a) project name (the name of shipping, the streaming water, the water in the port waters);
b) target of the project;
c) location of the project;
d) summary of the specifications, design of the standard works, dredging, scheduled mass execution time.
4. The Ministry of transport of the Organization Committee of the opinions of the people of the province, the central city where the project goes through, the appraisal and approval of the list of projects encourage dredging combining artisanal products, not using the State budget.
5. list of approved projects may be modified, supplemented in case of change of planning, economic development, social sector, local dredging plan, by source, the annual State budget capital or other reasonable reasons there is a change in the project list was announced.
Article 3. Announced project list 1. The Ministry of transport, Vietnam Maritime Bureau made announced the approved project list page on the Agency's electronic information as specified. Project list was announced to have the content mainly prescribed in article 2 paragraph 3 of this circular.
2. the minimum period for investors to choose and register the project is 15 days from the date of the list of projects published as specified in paragraph 1 of this article.
3. When the project list is modified, addition or change as specified in clause 5 of article 2 of this circular, the Ministry of transport, Vietnam Maritime Bureau made post back page on the Agency's electronic information.
Article 4. Register project 1. Investors can propose the project in the project list was published or the project is not yet in the category have been published.
2. Registration of the project: a) the Maritime Bureau sent investors to Vietnam directly or sent through the postal system 1 the proposed profile to register the project. Recommended records include:-the registration documents of the project according to the Model of annex 1 of this circular;
-Legal profile of the investor (business registration certificate or certificate of investment and cooperation contracts, joint ventures, related links, if available);
-The financial profiles of investors: financial reports because investors set up and be responsible, except in cases of established businesses new to the project; proof of business or financial commitment text project implementation;
-Decision or contract done similar projects of investors (if any).
b) sequence of processing profile:-Vietnam Maritime Bureau receiving record, check the fit of the record, granting the receipt date and record date results (if the profile directly).
-Profile case not yet suitable as defined in point a of this paragraph, at the latest within 3 working days from the date of receiving the Vietnam Maritime Bureau, records have written directions complete investor profile.
-For projects already in the project list was announced: at the latest 10 working days from the date of receiving the prescribed records, Vietnam Maritime Bureau has answered text project was how many investors or investors yet performing registration and submit directly, or through the postal system to investors; at the same time, reports the Ministry of transportation.
-For projects not yet in the category project was announced: + Slow for 5 working days from the date of receiving the prescribed records, reports The Vietnam Maritime Bureau of transportation approved additional guidelines on the project list and adjust the dredging plan using the State budget annually (if need to adjust).
+ Slow for 5 working days from the date of receipt of the Vietnam Maritime Bureau, Ministry of transport of the people's Committee of the poll the central cities, where the project goes through.
+ Slow for 5 working days from the date of receipt of the provincial people's Committee, the city in Central or expired but not get involved text comments, the Department of transportation to conduct due diligence, the decision added to the project list to encourage implementation of socialized dredge combined artisanal products , do not use the State budget and regulate dredging plan using the State budget annually (if need to adjust), the case of disapproval must reply in writing and stating the reason.
+ The latest 3 working days from the date of receipt of the Ministry of transport, Vietnam Maritime Bureau have written reply and send direct or through the postal system to investors.
3. where investors sent the record suggested the project to the Ministry of transportation, the latest 10 working days from the date of receiving the recommended records, the Ministry of transportation to have text sent Vietnam Maritime Bureau address as specified in paragraph 2 of this Article.
Article 5. The project proposal of the investors 1. Within a period of 60 days from the date of receiving the written reply of the Vietnam Maritime Bureau approval, the investor is responsible for conducting the survey, prepare and send the Vietnam Maritime Bureau 1 record suggest approval of the proposed project.
2. The records suggest approval of the proposed project include: a) text recommended approval of the project proposal according to the Model of annex 2 of this circular;
b) legal records of investors (if there are changes, supplements compared to when applying to register the project with the provisions of article 4 of this circular);
c) financial capability profiles of investors: the text additional financial guarantees as prescribed (if not enough business capital projects);
d) report presentation of the project proposals with the following major contents:-analysis of the necessity and the advantages in the implementation of the project in the form of dredging combining artisanal products compared with other forms of investment; the favorable conditions and difficult; the purpose of using the product recovery was in the process of dredging;
-Identify the location, the scale, the scope of construction; define dredged volume according to the standard design has been published (if available) or analysis, proposed specifications, standard rules of construction; expected volume of registration to take advantage of currency, and location of the waste dump for dredging not artisanal products;
-Analyze, propose construction measure expected, order execution, construction plans;
-Expected the establishment and the approval of maritime safety, occupational safety, environmental protection, fire department, fire under the provisions of the law;
-Determine the total investment of the project and the time, the progress of the project;
-Expected the test conditions, quality control, monitoring, testing, method of transfer and reception of works after completion;
-Propose measures for professional support, incentives for investors in the project implementation process (if necessary) regarding maritime safety, maritime signalling layout, regulate traffic, checking, monitoring, marine notice;
-Design drawings: drawings of the premises (online streaming or the water, the water; the media file location, location of the dredging products ...); the drawing using the dredging area scope, detailed cross-sectional drawing dredge.

DD) written commitment of the project include: commitment to human, equipment layout, ensure the progress and quality of the project; expected insurance policies on personnel and equipment when joining the project;
e) text of proposed assessment project consulting unit of sufficient capacity as prescribed;
g) profile similar project of investors (if there are changes, supplements compared to when applying to register the project stipulates, in article 4 of this circular);
h) other documents necessary for the proposed award of the project.
3. The order of receiving and processing the profile: a) Vietnam Maritime Bureau received, check the profile proposed project implementation as defined in paragraph 2 of this Article and grant receipt records, appointment date results (if the profile directly). Case records are not yet suitable as defined in paragraph 2 of this article, at the latest within 3 working days from the date of receipt, the Vietnam Maritime Bureau have text Guide complete investor profile.
b) during 15 days from the date of receiving the application rule, Vietnam Maritime Bureau evaluation, evaluation of the project proposal and the capacity of investors:-case only a proposed investor of the project, the Ministry of transport report results evaluation profile , reviews for investors to consider, approve.
-Where two or more investors together proposed the implementation of a project. Vietnam Maritime Bureau organized the appraisal records, reviews the investor based on the elements of legal capacity, financial capacity, the capacity of the equipment, the experience of similar projects and the selection of specific proposals to investors of the project the Ministry of transportation review , approved.
4. At the latest 15 working days from the date of receiving by the Vietnam Maritime Bureau records the provisions in paragraph 3 of this article, the Ministry of transport of the appraisal and approval of options investors of the project, the case of disapproval must reply in writing and stating the reason.
Article 6. Negotiating, signing and adjusted the contract of the project 1. Negotiating and contracting a project) the Ministry's decision to base of transportation approved the proposed project as stipulated in article 5 of this circular and the results of reviews of select investors, Vietnam Maritime Bureau held talks and signed a contract with the investor's project was selected.
b) the time limit for performing the contract because the parties to the agreement match the approved list or adjust the project proposal, records of investors and other related conditions. Term project implementation can be extended or shortened according to the conditions stipulated in the contract project.
c) content negotiation and contracting of projects to investors in accordance with the provisions of the current law, which must have the following:-General information of the parties in the contract;
-Information about the project: project name, name, location, location;
-The scope of implementation and design of standard works;
-Form of implementation, duration, conditions to extend or shorten the project contract;
-Dredging volume expected under normal or standard design, the scale has been approved;
-Construction measures, the order of execution, the plan and the progress made in construction;
-Inspection measures, quality control and the progress made;
-Option of maritime safety, occupational safety, environmental protection, fire department, fire under the provisions of the law;
-Test conditions, supervision, testing, method of transfer and reception of works after completion;
-Mechanisms, specialized support measures relating to maritime security, maritime signalling layout, regulate traffic, checking, monitoring, marine notice to investors (if any);
-Handling measures in the process of project implementation.
Vietnam Maritime Bureau organized the construction project contract form the Ministry of transportation approved and implementation when this circular effect.
d) case of the negotiation and signing of the contract for the project with investors opted not to perform, the Vietnam Maritime Bureau, reported the Ministry of transportation approved allowing the termination of negotiations and offers investors the next capacity (if available) to negotiate and contract projects or continue calling other investors involved the project.
2. At the latest 10 working days, since the completion of the negotiation of the contract with the project investors, Vietnam Maritime Bureau is responsible for reporting results to the Ministry of transportation. At the latest 10 working days from the date of receipt of the Vietnam Maritime Bureau, Ministry of transportation approved in writing the results of negotiations, contract projects Vietnam Maritime Bureau; at the same time sending the people's Committee of the central cities, where implementation of the project, to manage.
3. Adjusting the total capital investment, technical design, and other conditions agreed in the contract of the project was reviewed only in the following cases: a) the project was affected by floods, earthquakes, tsunami, war, riot, embargo, siege or other restrictions of the Government should not be continued to be the project under the agreement of the contract;
b) appears the elements bring greater efficiency to the project;
c) When planning the change directly to the location, the scale, nature and objectives of the project;
d) other cases agreed in the contract of the project was signed.
Investors must notify the content should change for the Vietnam Maritime Bureau to undertake negotiations, uniformly adjust the content of the contract of the project after approval by the Ministry of transportation.
4. Investors may transfer a part of its rights and obligations under the contract of the project (maximum of no more than 49% of the project value), after the Department of transportation approved the transfer of and additions, changes to the investor, but not affect the objective, the scale normative, technical design, project implementation schedule agreed in the contract for the project. The process of assignment is subject to the conditions and procedures prescribed by the law on investment, construction and related legal documents.
Article 7. The costs of the project 1. Costs, announced the project list, select Organization investor, project appraisal, implementation, monitoring, checking under the authority of State agencies, professional support to investors was assigned from the State budget on the basis of the estimation is the approval authority.
2. The cost of the survey, prepare proposals, project proposal assessment, dredging, consulting independent monitoring process, make, projects, troubleshooting the breach from the project, measured in the course of the project, the work experience delivered upon completion of the project and other related expenses due to pay investors.
Article 8. Guarantee obligation to perform the contract of the project 1. Measures to ensure the implementation obligations apply project contracts in the form of the guarantee of a bank or other obligation secured measures prescribed by the law, the amount of the secured obligation to implement the project contract was not lower than 10% of the total investment of the project proposals made.
2. Before the signing of the contract of the project, the investor must submit to the Vietnam Maritime Bureau text of guarantee obligation to implement the project contract and valid until the date the completed works delivered to put to use.
The case of the associates have to make sure the project according to one of the following ways: a) Each membership in the associates will make sure own obligation to execute the contract of the project corresponds to the volume of work done in partnership.
b) associate members the agreement to a member is responsible for ensuring the implementation of the obligation to perform the contract projects for all associates.
3. Guarantee obligations to implement the project contract is considered not valid when in one of the following cases: a) the lower value specified in paragraph 1 of this article;
b) duration is shorter than the duration of the project;
c) incorrect project name; the name investors or venture name of the project;
d) is not original or do not have a valid signature.
In this case, if the investor does not supplement, complete guaranteed obligation of the project when requested then the profile proposed project is determined to be invalid and disqualified.
4. Investors approved the termination of the contract of the project was not his fault will be returned to the secured obligation in the project's contract fulfillment time 15 working days from the date of termination of the contract text effect project, except in cases specified in paragraph 5 of this Article.
5. Investors do not get back the secured obligation to perform the contract in the following cases: a) within 30 working days, since the notice was selected to join the project, which does not proceed or refused to conduct negotiations, finalized the contract or negotiated , the perfect finishing but refused to sign the contract without good reason.
b) does not make the contract or does not comply with the terms of the contract without good reason.
c) where a member of the partnership violation leads to investors not get back guaranteed obligation to perform the contract of the project as defined in this paragraph, all members of the partnership are seized guarantee obligations made the contract project.
Article 9. Organizations to deploy, manage, supervise project implementation 1. Vietnam Maritime Bureau is responsible for: a) introduce gender mold, using the construction construction service under contract project;
b) directed the maritime port in the region organize approval of maritime safety assurance and test organization, monitoring of project implementation as stipulated in Decree No. 21/2012/ND-CP and circular No. 10/2013/TT-BGTVT on May 8th, 2013 the Ministry of transportation to guide implementation of some articles of Decree No. 21/2012/ND-CP (hereinafter referred to as the circular No. 10/2013/TT-BGTVT);
c) Investor Guide select consultants qualified independent monitoring to monitor the process of implementation of the project according to the regulations on the management of construction works and the current law provisions;

d) monitoring organization, reviews compliance with the obligations of investors in the implementation of the requirements for technical standards, scale, quality of construction, the progress of the project, environmental protection, fire department, fire and other matters by agreement of the project contract;
DD) Organization of periodic monitoring, inspection, irregular work of Shu's project, the port's maritime surveillance and supervision;
e) quarterly report the Ministry of transport of the results of the project; the Department of transportation proposed direction to address these obstacles, relating to adjustment, transfer, termination of the contract for the project.
2. responsible investor: a) before progress:-fully completed the procedure on resources, environment, fire, fire, prevention of and response to the spill and the relevant procedures prescribed by law;
-Plans in maritime safety to send naval port area approved in accordance with article 14 of Decree 21/2012/ND-CP;
-Selection, Contracting, consulting unit with independent monitoring capacity to monitor the process of implementation of the project in accordance with the law and instructions of the Vietnam Maritime Bureau.
b) construction process of the project:-Organization of receiving delivery of landmarks, dredging construction served as construction resumes proposed have been approved;
-Organization management or selection, contracting with independent Advisory Unit has the capacity to manage the construction, performing survey measurements and trials completed put the work into use in accordance with the law.
-Project implementation in accordance with the content of the proposal the project was approved and project contract signed. The case has changed in comparison with the project proposal is approved and the project contracts signed, investors must report the Vietnam Maritime Bureau for submission to the Department of transport review the decision;
-Implement fully the rules on environmental protection, fire department, fire, assess maritime safety assurance in the construction process; tax regime, fees and other financial obligations according to regulations;
-Periodically may 6, from the start date of the project is the Organization to measure the results of the project with the participation of representatives of the Ministry of transport, Vietnam Maritime Bureau, maritime port in the region and the Agency, other related units by the Vietnam Maritime Bureau selection. Private project execution time under 1 year, 3 months, counting from the start date of the project is the Organization to measure the results of the project;
-Monthly reports to the maritime Port area and with Vietnam Maritime Bureau quarterly about the situation, the results of the project.
3. The units involved: a maritime Port area) is responsible for:-Organization approval ensuring safe maritime and inspecting, monitoring of project implementation as stipulated in Decree No. 21/2012/ND-CP and circular No. 10/2013/TT-BGTVT;
-Hosted, in cooperation with the agencies, related guidelines, supervision of project implementation of investors match the content of the project has been approved and the legal provisions involved;
-Periodic reports (monthly and quarterly) the results of the project investors, supervising about Vietnam Maritime Bureau.
b) units to ensure the safety of navigation are responsible for:-cooperation with the maritime Port areas in the approval ensure maritime safety as stipulated in Decree No. 21/2012/ND-CP;
-Coordination with the maritime Port areas in the test activity, monitoring the implementation of the maritime deepening project (if requested);
-Reflect, timely reports to the maritime port in the area of violations during construction of the project of maritime deepening;
-Organizations operate, exploit the flow of maritime and maritime signalling systems on stream during the course of the project as specified. Made of marine notices published on the basis of the recommended profiles of investors.
-Professional assistance and support to make adjustments for maritime signaling, signalling installation construction area maritime deepening maritime projects as proposed by investors if there is an agreement in writing for approval, contract projects or decisions of competent State agencies.
c) supervising organizations are responsible for:-perform the function of monitoring the implementation process of the project construction of investors in accordance with the content of the project proposal is approved and the regulations on the management of basic construction, the relevant rules of the applicable law;
-Quarterly report the results of the project investors, supervising about Vietnam Maritime Bureau.
Article 10. Project termination 1. Project contract termination effect due to the end of the time limit agreed or finish ahead of time due to an error in violation of one of the parties that no effective remedies, due to unforeseen events or other circumstances stipulated in the contract project.
2. The parties agreed in the contract of the project the conditions to terminate the contract and project processing measures, compensation, remedial project when the contract terminates before the deadline in the case prescribed in clause 1 of this article.
Article 11. Complete project implementation and delivery of the project 1. After the completion of the project, the investor is responsible for Vietnam Maritime Bureau reporting and measurement organization, brought the complete works on use; handing back the Vietnam Maritime Bureau for the construction management organization under the regulations.
2. Vietnam Maritime Bureau is responsible for: a) test results of dredging and perform the procedure to end the contract of the project as specified. Testing components include: representing the Ministry of transport, Vietnam Maritime Bureau. Maritime port in the area, the maritime safety assurance (for maritime deepening works) and related agencies by the Vietnam Maritime Bureau selection; presents procedure for management units operate under the rules after the completion of the project;
b) summarizing, evaluating the results of the project; suggestions for handling the unit not properly complete project proposal has been approved or signed project contracts.
3. maritime ports of the region and the Organization of maritime safety is responsible for coordinating with Vietnam Maritime Bureau to receive and manage, operate, exploit the work when completed the project.
Article 12. Maritime governance for the exploration and exploitation of minerals in the waters of the port and the maritime streams 1. The exploration, mineral extraction in the waters of the port by the State authorities have jurisdiction under the provisions of the law on mineral resources but must ensure the following requirements: a) does not make the exploration and exploitation of minerals in the Harbor area, the maritime region, stream charged Navigator , the quarantine, the back, the ship docked, transfer, avoid the storm;
b) does not affect the planned sea port was the competent State agencies;
c) meet the requirements of maritime safety, maritime security, prevention of pollution of the environment in accordance with the law.
2. Before accepting for permission to conduct exploration, mineral extraction in the waters of the port, the competent State Agency must obtain the written comments of the Bureau of customs Fx Vietnam on development of ports and maritime safety, maritime security, prevention of environmental pollution. At the latest 15 working days from the date of receiving the written opinions, the Bureau of maritime Vietnam must have written replies, which stated exploration, mining has affected or not affected the development of the port and the level of impact to maritime safety , maritime security and the prevention of environmental pollution.
3. the competent State agencies only approved to perform exploration, mineral extraction in the waters of the port after the writing of the Vietnam Maritime Bureau confirmed the mining operations do not affect the development of ports, maritime safety, maritime security and the prevention of environmental pollution.
4. The process of project exploration, mineral extraction in the waters of the port, the investor must comply with the regulations for construction work in; the waters of the port of article 13, article 14 and article 80 of Decree 21/2012/ND-CP. Before proceeding with the project, the investor must inform the maritime port of the area know.
5. Vietnam Maritime Bureau directing the port maritime surveillance area, test, handle the observance of regulations on planning sea ports, maritime safety, maritime security, prevention of environmental pollution in the process of exploration and exploitation of minerals in the water ports as specified.
Article 13. Handle violation 1. Organizations and individuals violating the law in the maritime deepening operations, the water Department; the water in the port waters in the form of combined artisanal products, not using the State budget and state management of marine operations for the exploration and exploitation of minerals in the water outside the port dealt with administrative violations as a rule have to withstand handling in one of the following methods : a) to stop the review, approval of the proposed project for the behavior deliberately not documented, additional proposed records when requested.
b) terminated the project in the following cases:-after 90 days from the date the Ministry of transport has decided to approve the proposed project, that investors do not proceed to negotiate the contract for the project, unless good reason is the Ministry of transport of Vietnam Maritime Bureau or approved;
-After 1 year from the date the Ministry of transport has decided to approve the proposed project, that investors do not implement projects or slow project implementation without good reason was the Department of transportation or the Vietnam Maritime Bureau approved;

-More than 30 working days from the date of completion of the project or on termination of a contract project that deliberately not handed back to Vietnam Maritime Bureau works.
c) consider banning dredging projects and other projects by the Ministry of transportation or the governing body of the competent State invested from May 6 to 36 months for the Organization, individuals violating the provisions in clause 2 article 9 and article 11 paragraph 1 of this circular cause serious consequences.
2. Investors and organizations and individuals related to the project if the violation of the provisions of this circular, apart from being processed according to paragraph 1 of this article, the Ministry of transportation will review the submitted information on violations to the Ministry of planning and investment recommendations posted on the bidding Report and electronic information Page about bidding at the same time posting on electronic information Page of the Ministry of transport and maritime Vietnam Bureau.
3. Vietnam Maritime Bureau is responsible for the Organization reviews the level of violation of investors and suggest measures for handling prescribed in clause 1 and clause 2 of this, the Ministry of transportation to review the decision.
Article 14. Effect 1. This circular is in effect from November 1, 2013.
2. Attached to this circular 1 Annex including 2 registration forms of project implementation and the text proposed for approval proposals.
3. Investors approved the project before the day this circular effect continue to be enforced in accordance with the written approval or approval by competent State bodies.
Article 15. Implementation 1. Chief of the Department, the Chief Inspector, Chief of the Service of the Ministry, Vietnam Maritime Bureau Chief, Director of the Department of transport of the province of the central cities, and the agencies, organizations, individuals concerned is responsible for the implementation of this circular.
2. During the implementation process if there are obstacles, ask the agencies, organizations, personal reflections with the Ministry of transport to consider, promptly.