THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 24/2001/ND-CP
Hanoi, May 30, 2001
 
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON MANAGEMENT OF MARITIME ACTIVITIES AT SEA PORTS AND MARITIME ZONES OF VIETNAM, PROMULGATED TOGETHER WITH THE GOVERNMENT�S DECREE No. 13/CP OF FEBRUARY 25, 1994
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Vietnams Maritime Code of June 30, 1990;
At the proposal of the Minister of Communications and Transport,
DECREES:
Article 1.- To amend and supplement a number of articles of the Regulation on management of maritime activities at sea ports and maritime zones of Vietnam, which was promulgated together with the Governments Decree No. 13/CP of February 25, 1994, as follows:
1. Article 5 is amended as follows:
The Minister of Communications and Transport shall consider and decide the announcement on the opening and/or closure of sea ports and shipping routes on the basis of the proposal of Vietnam Maritime Bureau.
2. Article 6 is amended and supplemented as follows:
1. Sea ports must be invested in and constructed in accordance with the approved Planning for overall development of Vietnamese sea ports system.
2. Vietnamese and foreign organizations and individuals, that are permitted to invest in the construction of sea ports or to deal in and exploit sea ports in Vietnam, may all open sea ports, hereinafter referred collectively to as investors.
3. The procedures for opening sea ports shall be as follows:
a) Before preparation for investment in the construction of sea ports:
The investors shall send to Vietnam Maritime Bureau written requests for opening of sea ports, enclosed with drawing of the ground level for dock arrangement, water area in front of docks and lane section from the national shipping route into the port. The written requests must clearly state the necessity to invest in the construction of the ports, the locations, sizes and use purposes of the ports.
Within no more than 7 working days as from the date of receiving the above-mentioned document, Vietnam Maritime Bureau must send written replies to the investors. If refusing to approve, Vietnam Maritime Bureau must clearly state the reasons therefor in its written replies.
b) Process of investment in the construction of sea ports:
Investors must strictly comply with the law provisions on management of investment, construction, bidding and other current relevant legal documents when investing in the construction of sea ports. Before starting the construction of sea ports, the investors shall have to send to Vietnam Maritime Bureau the decisions approving the technical designs.
Vietnam Maritime Bureau shall have to supervise the maritime safety in the course of seaport construction.
c) After completing the seaport construction, the investors shall send to Vietnam Maritime Bureau the following papers in order to make the announcement on opening seaports for exploitation and use:
- A written request to announce the opening of seaport;
- The competent bodys or organizations decision on investment in seaport construction;
- The record on final acceptance of completed seaport project for putting it to use, enclosed with the completed construction drawing of the ground level, façade and cross- section of the seaport project;
- Maritime notice, average depth level and report on survey of sea bed of the water area in front of dock and shipping lane section from the national shipping route into the port;
- The written certification of the project reaching the environmental standards, issued by a competent State body;
- The written certification of the project satisfying fire prevention and fight conditions, issued by a competent State body.
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