Title: Circular 10/2013/TT-BGTVT Guiding implementation of a number of articles of the Government's Decree 21/2012/ND-CP on Management of seaports and navigable channels

Type: Circular

Issuing Agency: Ministry of Transport

Responsible Agency: Ministry of Transport

Issuing Date: 08-05-2013

 

SECTION 1. REGULATION ON NAMING, CHANGING NAME OF SEA PORTS, OFFSHORE PETROLEUM PORTS, HARBORS, WHARVES, BUOY WHARVES AND WATER ZONES,  WATERS

Article 1. Competency to decide on naming, changing name of sea ports, offshore petroleum ports, harbors, wharves, buoy wharves and water zones,  waters

1. The Ministry of Transport shall decide on naming, changing name of sea ports and offshore petroleum ports.

2. Vietnam Maritime Administration shall decide on naming, changing name of harbors, wharves, buoy wharves and water zones, waters.

Article 2. Procedures for naming, changing name of sea ports, offshore petroleum ports, harbors, wharves, buoy wharves and water zones, waters

1. Procedures for naming sea ports and offshore petroleum ports

a. When making investment project or announcement on sea port or offshore petroleum port, investor shall send 01 written request, directly or through the postal system to Vietnam Maritime Administration, for naming sea port or offshore petroleum port according to the Form No. 01 in Annex of this Circular; 

b. Vietnam Maritime Administration shall receive dossier, check the conformity of dossiers and report in writting to the Ministry of Transport within 03 working days, after receiving valid dossier. If the dossier is invalid, notifying investor for completing dossier;

c. The Ministry of Transport shall receive dossier, consider and decide on naming sea port or offshore petroleum port together with reply proposal for investment project or announcement of sea port or offshore petroleum port.

2. Procedures for naming harbors, wharves, buoy wharves and water zones, waters

a. When making a project on investment in construction works or announcement on putting construction works into use, the investor shall send 01 written request, directly or through the postal system to Vietnam Maritime Administration, for naming harbors, wharves, buoy wharves and water zones, waters according to the Form No. 01 in Annex of this Circular;

b. Vietnam Maritime Administration shall receive dossier, consider and decide on naming harbors, wharves, buoy wharves and water zones, waters together with reply about the conformity of planning or announcement on harbors, wharves, buoy wharves and water zones, waters. If the dossier is invalid, it shall notify investor for completing dossier;

3. Procedures for changing name of the sea ports and offshore petroleum ports already been announced

a. Investor of or person exploiting sea port or offshore petroleum port shall send a written request, according to the Form No. 01 in Annex of this Circular, and copy of Decision on announcement of sea port or offshore petroleum port, to Vietnam Maritime Administration. Vietnam Maritime Administration shall receive dossier, check the conformity of dossiers and report in writting to the Ministry of Transport within 03 working days. If dossier is invalid or name of sea port is unconformable, it shall notify the investor of or person exploiting sea port for completing dossier or naming suitably;

b. Within 03 working days, after receiving valid dossier, the Ministry of Transport shall consider and issue a decision on changing name of sea port or offshore petroleum port.

3. Procedures for changing name of harbors, wharves, buoy wharves and water zones, waters already been announced

a. Investor of or person exploiting harbor, wharf, buoy wharf and water zone, waters or an authorized person shall send a written request, according to the Form No. 01 in Annex of this Circular, and copy of Decision on announcement of harbor, wharf, buoy wharf and water zone, waters, to Vietnam Maritime Administration.

Vietnam Maritime Administration shall receive dossier and check the conformity of dossier. If dossier is invalid or name of harbor, wharf, buoy wharf and water zone, waters are unconformable, it shall notify the investor of or person exploiting sea port for completing dossier or naming suitably;

b. Within 03 working days, after receiving a valid dossier, Vietnam Maritime Administration shall consider and issue decision on changing name of harbor, wharf, buoy wharf and water zone, waters.

Article 3. Prohibitions in naming, changing name of sea ports, offshore petroleum ports, harbors, wharves, buoy wharves and water zones, waters

1. Name is identical or confusingly with name of enterprises, sea ports, offshore petroleum ports, harbors, wharves, buoy wharves and water zones, waters already been announced or inconsistently with name and function of those sea ports, offshore petroleum ports, harbors, wharves, buoy wharves and water zones, waters.

2. Using name of state agencies, units of armed forces, political organizations, socio-political organizations, enterprises as entire or part of private name of sea ports, offshore petroleum ports, harbors, wharves, buoy wharves and water zones, waters, unless there are consent of those agencies, units, organizations and the approval of competent agencies specified in Article 1 of this Circular.

3. Using words, symbols violating historical tradition, culture, ethics and repulsive of country for naming.

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Download Vietnamese: Circular 10/2013/TT-BGTVT Guiding implementation of a number of articles of the Government's Decree 21/2012/ND-CP on Management of seaports and navigable channels