What are regulations on frequency of periodic inland waterway survey in Vietnam?

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Question date: 23/09/2022

What are regulations on frequency of periodic inland waterway survey in Vietnam? 

    • Pursuant to Article 6 of the Circular 36/2021/TT-BGTVT (takes effect from 01/03/2022) stipulating frequency of periodic inland waterway survey in Vietnam as follows:

      - Frequency of periodic survey of national inland waterway shall be determined based on:

      + Type of inland waterway serving management purposes;

      + Role of inland waterway in inland waterway transport;

      + Load capacity of watercrafts operating along inland waterway;

      + Technical grade of inland waterway.

      - Frequency of periodic survey of national inland waterway shall be determined by scoring. A scale of 100 scores shall be used for assessment and determined based on criteria under Appendix attached hereto.

      - Frequency of periodic survey of national inland waterway includes:

      + A frequency of 1 year per survey for waterways with a total score of 85 or higher;

      + A frequency of 3 years per survey for waterways with a total score ranging from 70 to below 85;

      + A frequency of 5 year per survey for waterways with total score of below 70;

      + A frequency of more than 5 years per survey for national waterways whose total scores are mentioned under Point a, Point b, or Point c of this Clause but are situated in lake, lagoon, gulf, channel, canals with great depth according to decision of Ministry of Transport at request of Vietnam Inland Waterway Administration.

      + A frequency of less than 1 year per survey for waterways, routes of waterway of other countries at estuaries or areas heavily deposited or eroded. Vietnam Inland Waterway Administration shall rely on the nature, scale, range, and role of an inland waterway to inland waterway transport to request Ministry of Transport to decide on survey frequency.

      - In case of provincial inland waterways, on the basis of criteria under Clause 1 of this Article, Departments of Transport shall request People‘s Committees of provinces to decide on frequency of periodic survey of provincial inland waterways.

      - In case of special-use inland waterways, organizations and individuals owning special-use inland waterways shall decide on surveying frequency without exceeding 5 years per survey.

      - In case of inland port waters, Vietnam Inland Waterway Administration and Departments of Transport, within their management authority, shall decide on survey frequency of inland port waters no more than 5 years per survey and direct inland port authorities to survey inland port waters in order to ensure safety for watercrafts.

      - Once every 5 years in the 3rd Quarter of the last year or whenever necessary, Vietnam Inland Waterway Administration shall update, revise, consolidate, and request Ministry of Transport to publish list of national inland waterways subject to periodic survey for the next 5-year period. Documents presenting the list of inland waterways subject to survey include:

      + Written request for publishing list of inland waterways subject to survey;

      + List of inland waterway subject to survey, including: name of waterway (route), topographic map scale, survey frequency;

      + Assessment and scoring results which determine surveying frequency in accordance with Clause 3 of this Article;

      + Other relevant details (if any).

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 6 of the Circular 36/2021/TT-BGTVT Download
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