CIRCULAR

GUIDING THE IMPLEMENTATION OF ARTICLES 22 AND 23 OF THE GOVERNMENT’S DECREE No.171/1999/ND-CP OF DECEMBER 7, 1999

To uniformly implement the provisions of Articles 22 and 23 of the Government’s Decree No.171/1999/ND-CP of December 7, 1999 detailing the implementation of the Ordinance on Protection of Traffic Works with regard to riverway traffic works, the Ministry of Communications and Transport hereby provides the following concrete guidance:

I. SUBJECTS OF APPLICATION

This Circular shall apply to all organizations and individuals that conduct the following activities within the inland waterway traffic works protection area or without the works protection area, but affecting inland waterway traffic safety as well as inland waterway traffic works’ safety:

1. Building permanent bridges, makeshift bridges;

2. Building aerial or sub-riverbed power lines, communication lines, conduits;

3. Building harbors, wharves or ferry-landings;

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5. Building dredging works;

6. Salvage, clearance and removal of obstacles.

II. PROCEDURES FOR INVESTMENT PROJECT ELABORATION

1. For works subject to investment project elaboration under the legislation on investment and construction management, when elaborating investment projects, the project elaborators shall have to send dossiers to the competent agencies defined in Part IV of this Circular, for comments. Such a dossier includes:

a/ A document requesting the competent agency to comment on the investment project. Such document must clearly state the project’s location and size, the meteorological conditions and its major structures;

b/ The map of the area where the project is located or the map showing the ‘s position with the coordinate system and level mark in relation to the national mark system;

c/ In addition to the above-mentioned documents, the project elaborators shall also have to submit the following documents, depending on each specific case:

*/ Projects on permanent or makeshift bridges:

- Data on ship clearances (position, width, height);

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- With regard to swing bridges, drawbridges and pontoon bridges, it is necessary to describe the retraction plan and technology, the projected water area for waterway means to moor in waiting.

* Projects on aerial river-crossing pipelines and cable-lines

- Drawings and data clearly indicating the lowest point of the cable- line or pipeline (the lowest point of a power line shall also cover the power- network safety corridor according to the current stipulations).

* Projects on underground works:

- Drawings on sizes and leveling of the top of the underground works.

* Projects on ferry-landings:

- Drawings on the direction and sizes of wharves along the river banks, support works and water area needed for ferry operations.

* Embankment projects, river-training projects and anti- flood and -storm projects:

- Drawings on sizes and direction of the works, the project’s waterfront parts.

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III. PROCEDURES TO APPLY FOR PERMITS TO CONSTRUCT WORKS INSIDE THE INLAND WATERWAY TRAFFIC WORKS PROTECTION AREA

1. Before building projects or conducting activities mentioned in Part I, investors or units in charge of construction shall have to send dossiers to the competent agencies, applying for construction permits. Such a dossier includes:

a/ An application for construction, sent to the regional inland waterway managing agency, clearly stating the works construction scale: the construction tempo of each item within the traffic works protection area; the water area applied for use and the commitment to clear up the sites after the construction.

b/ If the projects are constructed inside the navigation lane protection areas, the investors or the construction units shall have to work out plans to ensure traffic safety for the navigation routes running through the construction areas during the construction time, and install signal and warning devices under the guidance of regional inland waterway managing agencies.

c/ The copies of written comments of the competent agency on the projects which require investment project elaboration;

d/ In addition to the above-mentioned documents, the scheme of the construction area (for river-crossing projects); the scheme of the dredged area, the allowed dredged volume, and the soil and sand dumping sites, are required; and the other procedures (for dredging projects) must be filled in according to the current regulations.

2. The competent agency shall consider the dossier and, if deeming that it meets the prescribed conditions, issue a written permission for construction and send it to the investor or the unit directly engaged in construction within 5 days after receiving the complete and valid dossier. In such particularly urgent cases as the salvage of sunken means, immediate clearance and removal of obstacles that cause traffic jams, the means or obstacle owners shall, together with the regional inland waterway managing agency, reach agreement on the plan to ensure safety for navigation through the construction area and take responsibility for any incidents during the construction.

3. Upon the completion of the construction, the project owners mentioned in Part I shall have to hand over the dossiers to the regional inland waterway managing agencies. Such a dossier shall include:

a/ The records on the navigation lane inspection and sweeping in the waters of the construction area, which is witnessed by representatives of the regional inland waterway managing agency;

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c/ The general drawing of the works;

4. Pending the hand-over, the owners of the works and obstacles shall take responsibility for unsafety consequences caused by their projects or obstacles to waterway means travelling through the construction area.

IV. THE RELEVANT COMPETENT AGENCIES

1. Competence to comment on investment projects in the elaboration stage:

a/ The Ministry of Communications and Transport shall consider and give written comments on works of group-A projects;

b/ The Vietnam Inland Waterway Administration shall consider and give written comments on works under group-B and -C projects on the centrally-run inland waterway routes;

c/ The provincial/municipal Communications and Transport Services and Communication and Public Works Services shall consider and give written comments on works under group-B or -C projects on the locally-run inland waterway routes;

(The works shall be classified under group A-, B or -C projects according to current regulations on investment and construction management).

2. Competence to grant the construction permits

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b/ The provincial/municipal Communications and Transport Services as well as Communications and Public Works Services shall consider and permit the construction of the locally-run inland waterway projects.

V. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing and replaces Circular No.318-TT/PC of September 6, 1996 and Decision No.2047-QD/PC of August 6, 1996 of the Minister of Communications and Transport.

2. The director of the Legal Department under the Ministry of Communications and Transport, the director of the Vietnam Inland Waterway Administration, the directors of the provincial/municipal Communications and Transport Services as well as Communications and Public Works Services, and all relevant organizations and individuals shall have to implement this Circular.

3. In the course of implementation, if any problem arises, relevant organizations and/or individuals should promptly report it to the Ministry of Communications and Transport for study and appropriate supplements and/or amendments.

FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER




Pham Quang Tuyen