Decree No. 34/2025/ND-CP dated February 25, 2025 on amending of Decrees in maritime sector

GOVERNMENT OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
No: 34/2025/ND-CP	Hanoi, February 25, 2025

DECREE

AMENDING SOME ARTICLES OF DECREES IN MARITIME SECTOR

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

Pursuant to the Law on Construction dated June 18, 2014; Law amending some articles of the Law on Construction dated June 17, 2020;

Pursuant to the Law on Investment dated June 17, 2020;

At the request of the Minister of Transport;

The Government issues a Decree amending some articles of Decrees in maritime sector.

Article 1. Amendments to some articles of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government detailing Vietnam Maritime Code on the management of maritime operations, which is amended by Decree No. 76/2021/ND-CP dated July 28, 2021; Decree No. 69/2022/ND-CP dated September 23, 2022; Decree No. 74/2023/ND-CP dated October 11, 2023

1. Amendment to Article 1 of Decree No. 58/2017/ND-CP:

“Article 1. Scope

1. This Decree provides for elaboration of Vietnam Maritime Code on management of maritime operations, including: investment and construction, operation of seaports, navigation channels, maritime works, aids to navigation, notices to mariners, operations of maritime pilotage and management of operations of ships at seaports and within Vietnamese territorial waters.

2. Regulations of this Decree on maritime safety and security and environmental safety shall be also applied to fishing ports and ports, inland landing stages within seaport waters.”.

2. Amendments to clauses 2, 4, 7, 12, 16, 19 and addition of clauses 21, 22, 23, 24 after clause 20, Article 3 of Decree No. 58/2017/ND-CP:

a) Amendment to Clause 2 of Article 3:

“2. “National single-window portal” refers to the integrated information system serving e-procedures for entry, exit, transit, arrival, and departure of ships at ports and other procedures related to exported goods, imported goods, and transited goods; individuals entering, exiting, and transiting."

b) Amendment to Clause 4 of Article 3:

“4. “Website” means the National single-window portal or specialized system that is used to complete e-procedures for ships.”.

c) Amendment to Clause 7 of Article 3:

“7. “E-procedures for ships means acts of declarant sending information and e-documents to carry out procedures for entry, exit, transit, arrival, and departure of ships at ports on the website. The administrative procedure settlement agency shall make decision on allowing ships to enter, exit, transit, arrive at, and depart from ports and return results to the website.”.

d) Amendments to Clause 12 of Article 3:

“12. Electronic Port Clearance Certificate and Electronic Transit Permit are documents issued by the Port authority to the person carrying out e-procedures on the website after completing e-procedures for departure of ships at ports and transit of foreign ships. Electronic Port Clearance Certificates and Electronic Transit Permits have a code for lookup and have legal value in place of paper-based port clearance certificates and transit permits.”.

dd) Amendment to Clause 16 of Article 3:

“16. “Floating terminal” means a system of anchor buoys, chains, concrete blocks for buoy and equipment that are used for anchoring ships, handling cargoes, embarking and disembarking passengers as well as providing other services.”.

e) Amendment to Clause 19 of Article 3:

“19. ”vessel traffic service system” (hereinafter referred to as “VTS system") means a system that is set up to monitor, assist and control marine traffic to ensure maritime safety and security and environmental safety.”.

g) Addition of clauses 21, 22, 23, 24 after clause 20 of Article 3:

“21. “Submersible assistance mean and device” means a mother ship supporting submersibles and other ships, submersible operation assistant device.

22. “Mother ship supporting submersibles” means a ship directly involved in transporting, lifting, and lowering the submersibles for diving operation.

23. The diving operation area is the water area within the seaport waters where submersibles are permitted to operate within the safety boundary where the competent authority approves and assigns sea areas.

24. Seafarers of a submersible include: Members that are in control of the submersible and the members assisting the operation of the submersible."

3. Amendments to Point a of Clause 1 of Article 6 of Decree No. 58/2017/ND-CP , which is amended by Decree No. 69/2022/ND-CP:

“a) Original copy of or electronic form of application form made using Form No. 01specified in the Appendix issued with this Decree for agreement on location, detailed technical specifications of seaports, terminals, wharves, buoy terminals, and navigational channels;”.

4. Amendment to Article 8 of Decree No. 58/2017/ND-CP:

“Article 8. Plan for maritime safety assurance

1. Before carrying out the activities specified in Clause 2 of this Article, the investor shall request a competent authority to consider approving the plan for maritime safety assurance and shall organize the implementation of the approved plan.

2. The cases in which a plan for maritime safety assurance must be prepared:

a) Construction of seaports, terminals, wharves, floating terminals, navigational channels, aids to navigation, berth pockets and water areas;

Construction of the works that intersect seaport waters and navigational channels or that affect maritime operations, such as: bridges, power lines, cable cars, underground works, and other similar works, drilling rig, wind power, hydropower, thermal power and other similar works;

c) Works that are invested in and constructed within Vietnamese territorial waters and affect maritime operations.

d) Terminals, wharves shall receive lightered ships that with technical specifications greater than those specified in the Issuance Decision. The Ministry of Transport shall organize the development of technical standards for terminals and wharves to receive lightered ships with technical specifications greater than those specified in the Issuance Decision.

3. Authority to approve Plans for maritime safety assurance

a) The Vietnam Maritime Administration shall approve Plans for maritime safety assurance for the case specified in Point d, Clause 2 of this Article.

b) The Port Authorities shall approve Plans for maritime safety assurance at Points a, b and c, Clause 2 of this Article; for the works specified at Point b, Clause 2 of this Article, before approval, the Port Authority must obtain approval from the Vietnam Maritime Administration.

4. Primary contents of Plans for maritime safety assurance

a) For the Plans for maritime safety assurance prescribed in Points a, b and c of Clause 2 of this Article: name of the work, project; name and address of the investor; construction location; construction scale; construction duration; approved construction measures; maritime safety assurance measures; Plan for organization and cooperation in implementation;

b) For the Plans for maritime safety assurance prescribed in Points d of Clause 2 of this Article: name of the terminal, wharf; location of the terminal, wharf; technical specifications of the ship; assessment of the capacity of the infrastructure of the navigation channel, ship turnaround area, terminal, wharf; operating conditions; maritime safety assurance measures; measures to respond to and handle maritime incidents and accidents and responsibilities of relevant parties.

5. Procedures for approval of Plans for maritime safety assurance

a) For the Plans for maritime safety assurance specified in Points a, b and c, Clause 2 of this Article, the Investor shall send directly or by post or online via public service system 01 set of documents to the Port Authority. The application for approval of the Plan for maritime safety assurance includes: Original copy or electronic form of the application for approval of the Plan for maritime safety assurance according to Form No. 02 specified in the Appendix attached hereto; paper-based copy or e-copy of the project investment and construction decision; paper-based copy or electronic copy of the overall layout plan of the project; Original copy of the Plan for maritime safety assurance;

b) For the Plans for maritime safety assurance specified in Point d of Clause 2 of this Article, the Investor shall send directly or by post or online via public service system 01 set of documents to Vietnam Maritime Administration The application for approval of the Plan for maritime safety assurance includes: Original copy or electronic form of the application for approval of the Plan for maritime safety assurance according to Form No. 02 specified in the Appendix attached hereto; Original copy of the dossier on assessment of terminal, wharf infrastructure meeting the requirements for receiving lightered ships with technical specifications greater than those specified in the Issuance Decision; original copy of the Plan for maritime safety assurance;

6. Procedures for receipt and processing of the application:

a) For the Plans for maritime safety assurance prescribed in Points a and c, Clause 2 of this Article:

The port authority shall receive application. If the application is inadequate, within 03 working days from the day on which such application is received, the port authority shall provide guidance on the completion of the application as prescribed herein. If the application is adequate, within 07 working days from the day on which such application is received, The port authority shall consult with maritime safety enterprises, maritime pilotage enterprises and other relevant agencies and units.. Within 02 working days from the date of receiving such request and related documents attached, the relevant enterprises, agencies and units shall respond in writing to the Port Authority;

No later than 03 working days from the date of receiving the responses from relevant enterprises, agencies and units, the Port Authority must issue and send a decision on approval of the Plan for maritime safety assurance using Form No. 2a directly or by post or via the online public service system to the Investor. In case of refusal, there must be a written response clearly stating the reasons.

b) For the Plans for maritime safety assurance prescribed in Point b of Clause 2 of this Article:

The port authority shall receive application. If the application is inadequate, within 03 working days from the day on which such application is received, the port authority shall provide guidance on the completion of the application as prescribed herein. If the application is adequate, within 07 working days from the day on which such application is received, The port authority shall consult with maritime safety enterprises, maritime pilotage enterprises and other relevant agencies and units.. Within 02 working days from the date of receiving such request and related documents attached, the relevant enterprises, agencies and units shall respond in writing to the Port Authority;

No later than 01 working days from the date of receiving the responses from relevant enterprises, agencies and units, the port authority must obtain approval from the Vietnam Maritime Administration. No later than 03 working days from the date of receipt of the written the Port Authority, the Vietnam Maritime Administration must issue a written approval or disapproval of the Maritime safety assurance plan to the Port Authority; in case of disapproval, a written response must be given clearly stating the reasons;

No later than 03 working days from the date of receiving the response from Vietnam Maritime Administration, the Port Authority must issue and send a decision on approval of the Plan for maritime safety assurance using Form No. 2a directly or by post or via the online public service system to the Investor. In case of refusal, there must be a written response clearly stating the reasons.

c) For the Plans for maritime safety assurance prescribed in Points d of Clause 2 of this Article:

The Vietnam Maritime Administration shall receive application. If the application is inadequate, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed herein. If the application is adequate, within 07 working days from the day on which such application is received, Vietnam Maritime Administration shall seek appraisal opinions from the construction authorities affiliated with the Ministry of Transport on the dossier on assessment of the terminal, wharf infrastructure meeting the requirements for receiving lightered ships with technical specifications greater than those specified in the Issuance Decision; opinions from the Port Authority, maritime safety enterprises, maritime pilotage enterprises and relevant agencies and units on the content of the maritime safety assurance plan. Within 15 working days from the date of receiving such request and related documents attached, the relevant enterprises, agencies and units shall respond in writing to the Vietnam Maritime Administration.

No later than 07 working days from the date of receiving the responses from construction authorities affiliated with the Ministry of Transport, Port Authority, maritime safety enterprises, maritime pilotage enterprises, and relevant agencies and units, the Vietnam Maritime Administration must send a report to the Ministry of Transport for approval of the guidelines of allowing terminals and wharves to receive lightered ships with technical specifications greater than those specified in the Issuance Decision. No later than 05 working days, the Ministry of Transport must issue a written approval or disapproval.

No later than 05 working days from the date of receiving the approval from the Ministry of Transport, the Vietnam Maritime Administration must issue and send a decision on approval of the Plan for maritime safety assurance using Form No. 2a directly or by post or via the online public service system to the port enterprises. In case of refusal, there must be a written response clearly stating the reasons.

7. Investors and port enterprises are responsible for implementing the Maritime safety assurance plan according to the approved decision. The Vietnam Maritime Administration and Port Authorities are responsible for inspecting the implementation of the approved maritime safety assurance plan.”.

5. Amendment to point a of clause 3 of Article 10 of Decree No. 58/2017/ND-CP:

“a) Investors or operators shall send the original copy or electronic form of Application for renaming of the seaport according to Form No. 03 specified in the Appendix attached hereto directly or by post or via the online public service system to the Vietnam Maritime Administration.”.

6. Amendment to clause 2 of Article 12 of Decree No. 58/2017/ND-CP:

“2. The Director General of the Vietnam Maritime Administration shall announce the opening and closure of terminals, wharves, floating terminals, and dedicated waters; put the terminals and wharves into temporary operation.”.

7. Amendments to clauses 1 and 2 of Article 13 of Decree No. 58/2017/ND-CP:

a) Amendment to Clause 1 of Article 13:

“1. The investor shall submit 01 application directly or by post or online via public service system to the Vietnam Maritime Administration. The application includes:

a) Original copy of or electronic form of application form for issuance of the opening of a seaport or offshore oil terminal according to Form No. 04 specified in the Appendix attached hereto;

b) A paper-based copy or an electronic copy of the commissioning test report of the seaport, offshore oil terminal, and navigation channel (in case the navigation channel is announced at the same time as the opening of the seaport) that has been completed and put into use, with a document approving the results of the commissioning of the work put into use as prescribed, as-built drawing of the land, vertical view and cross-section view of the port; for offshore petroleum platform, vertical and horizontal sections of the port are not required;

c) A paper-based copy or an electronic copy of the commissioning test record signed by the investor and competent organizations on the results of survey of obstacles on the bottom of the area of water facing against the wharf or navigational channel, except for offshore oil terminal;

d) A paper-based copy or an electronic copy of Maritime Notice on the navigation channel and water area in front of the wharf, with a map attached; for offshore oil terminals, the Maritime Notice on the safety zone of the offshore oil terminal area;

dd) A certified copy or an electronic copy issued from the original book or an electronic copy certified from the original copy of Decision approving the Oil spill response plan for offshore oil terminals.”

b) Amendments to Clause 3 of Article 13:

“3. No later than 03 working days from the date of receipt of the application from the Vietnam Maritime Administration, the Ministry of Transport shall make an issuance of the opening of the seaport or offshore oil terminal according to Form No. 05 specified in the Appendix attached hereto and send it to the investor by post or online via the public service system, or the investor shall receive it directly at the Ministry of Transport.”.

8. Amendment to Article 14 of Decree No. 58/2017/ND-CP which is amended by Decree No. 69/2022/ND-CP:

“Article 14. Procedures for announcing the opening of terminals, wharves, floating terminals, and dedicated waters or putting terminals, wharves into temporary operation.”.

1. After completing the construction of terminals, wharves, floating terminals, or dedicated waters, or the construction of part of the work items of terminals, wharves, floating terminals satisfying the requirements prescribed in construction law, the investor shall submit an application for issuance of the opening of a terminal, wharf, floating terminal, dedicated waters, or putting terminals and wharves into temporary operation, directly or by post or via the online public service system to the Vietnam Maritime Administration.

2. The investor shall select an organization licensed to survey and find obstacles and clear the obstacles (if any) within the area of water facing against the floating terminal and the area of water facing against the terminal, wharf, navigational channel, and dedicated waters as prescribed.

After completing the survey, scanning and clearance of the obstacles, parties shall organize commissioning and make a record on commissioning of survey results, scanning and clearance of the obstacles within the area of water facing against the floating terminal and the area of water facing against the port, wharf, navigational channel, and dedicated waters.

3. The application for announcing the opening of terminals, wharves, floating terminals, and dedicated waters includes:

a) Original copy of or electronic form of application form for issuance according to Form No. 06 specified in the Appendix attached hereto;

b) A paper-based copy or an electronic copy of the commissioning record to put completed work into use attached with written notice on the results of the inspection of the commissioning of the work completion in accordance with the law on construction, as-built drawing of land, vertical view and cross-section view of the terminal, wharf, and dedicated waters;

c) A paper-based copy or an electronic copy of the Decision approving the results of the appraisal of the environmental impact assessment report of the project;

d) A paper-based copy or an electronic copy of the Commissioning record on fire prevention and fighting in accordance with the law on fire prevention and fighting.

4. The application for putting terminals, wharves into temporary operation includes:

a) Original copy of or electronic form of application form for putting terminals, wharves into temporary operation according to Form No. 06 specified in the Appendix attached hereto;

b) A paper-based copy or an electronic copy of the record on commissioning of completion of a construction item, construction work in accordance with the law on construction, as-built drawing of land, vertical view and cross-section view of the terminal, wharf construction item, construction work;

c) A paper-based copy or an electronic copy of the Decision approving the results of the appraisal of the environmental impact assessment report of the project;

d) A paper-based copy or an electronic copy of the Commissioning record on fire prevention and fighting in accordance with the law on fire prevention and fighting.

5. Procedures for receipt and processing of the application: The Vietnam Maritime Administration shall receive the application. If the application is inadequate, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed herein. If the application is adequate, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall make an issuance of the opening of terminals, wharves, floating terminals, and dedicated waters, or putting terminals and wharves into temporary operation using Form No. 07 specified in the Appendix attached hereto, and send it directly or by post or via the online public service system to the investor.

6. For seaports with only one terminal or wharf, after completing the procedures for issuing the opening of the seaport, before putting the terminal or wharf into use, the investor must complete the procedures for issuing the opening of the terminal or wharf in accordance with this Article.

7. For dedicated waters, works that only serve pilot boarding, quarantine areas, storm shelters, or anchorage areas used to anchor ships waiting to enter a port, terminal, or wharf, or anchor public service ships without transshipping or loading cargo or providing other transport services, when issuing the opening and putting into use, the documents specified in Points c and d, Clause 3 of this Article, and the Notice of approval of the results of the commissioning of the works put into use shall be exempted.

8. The temporary operation period of the terminal, wharf in accordance with the record on commissioning of the construction works shall not exceed 12 months.

9. For temporary maritime infrastructure specified in Article 25 hereof serving the purpose of constructing works and projects, when issuing their putting into use, it is not necessary to submit the documents specified in Point c and Point d of Clause 3 of this Article and the Notice of acceptance of commissioning result of works put into use.

10. For dedicated waters established to serve the anchoring of ships and the transshipment or loading of goods but not investing in the construction of works, when issuing their putting into use, it is not necessary to submit the documents specified in Point d of Clause 3 of this Article and the Notice of acceptance of commissioning result of works put into use.”.

9. Amendment to point b of clause 2 of Article 16 of Decree No. 58/2017/ND-CP:

“b) Procedures for announcing the closure of seaports specified in points b and c of clause 1 of this Article:

The applicant shall send 01 the original copy or electronic form of application for issuing closure of seaport directly, by post or via the online public service system to the Ministry of Transport, using to Form No. 10 specified in the Appendix attached hereto.

The Ministry of Transport shall receive the application. If the application is inadequate, within 01 working day from the day on which such application is received, the Ministry of Transport shall provide guidance on the completion of the application as prescribed herein. If the application is adequate, within 05 working days from the day on which such application is received, the Ministry of Transport shall collect opinions from agencies related to closure of seaports and make an issuance of the seaport closure according to Form No. 09 specified in the Appendix attached hereto and send it to the applicant by post or via the online public service system or directly at the Ministry of Transport; in case of refusal, a written response must be given clearly stating the reasons.”.

10. Amendment to Article 20 of Decree No. 58/2017/ND-CP which is amended by Decree No.76/2021/Ns-CP:

“Article 20. Issuance of the List of terminals and wharves of Vietnamese seaports

1. In March of each year, the Vietnam Maritime Administration shall prepare and send 01 application to the Ministry of Transport for issuance of an updated list of terminals and wharves of Vietnamese seaports. The Ministry of Transport shall receive the application. If the application is inadequate, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed herein. If the application is inadequate, within 07 working days from the day on which such application is received, the Minister of Transport shall issue Decision on issuance of an updated list of terminals and wharves of Vietnamese seaports using Form No. 64 specified in the Appendix attached hereto, and update it on the website of the Ministry of Transport. The application includes:

a) Application form for issuance of the List of terminals and wharves of Vietnamese seaports using Form No. 63 specified in the Appendix attached hereto;

b) Draft List of terminals and wharves of Vietnamese seaports.

2. The Vietnam Maritime Administration shall develop and update the database of seaports, terminals and navigation channels.

3. Funds for develop and update the database of seaports, terminals and navigation channels shall be covered by the transport economics recurrent expenditure budget and other lawful funding sources.”.

11. Amendment to Article 22 of Decree No. 58/2017/ND-CP:

“Article 22. Rules for management, operation of seaports

1. A seaport shall be managed and operated in accordance with law to ensure investment efficiency and avoid any possible loss and wastefulness. Before operating and receiving lightered with technical specifications greater than those specified in Issuance Decision, terminals and wharves must have their Maritime safety assurance plan approved in accordance with Article 8 hereof.

2. Seaport infrastructures shall undergo maintenance in accordance with construction laws. For terminals and wharves receiving lightered ships with technical specifications greater than those specified in Issuance Decision that have their Maritime safety assurance plan approved, the Ministry of Transport shall provide for the frequency of assessment of the safety of the terminal and wharf structures.

3. Water areas facing against wharves and dedicated waters shall undergo periodic surveys, and notices thereof shall be sent to mariners.

4. The investor in the construction of terminals and wharves shall decide on the form of management and operation in accordance with this Decree and relevant laws. In case of shared use of terminals, wharves, dedicated waters, and navigation channels, investors are responsible for negotiating related rights and obligations.”.

12. Amendments to clause 2, clause 3, point d of clause 5 and addition of point dd after point d clause 5 of Article 23 of Decree No. 58/2017/ND-CP:

a) Amendment to Clause 2 of Article 23:

“2. The Vietnam Maritime Administration shall mange and operate public navigation channels.”.

b) Amendment to Clause 3 of Article 23:

“3. Enterprise shall invest in construction and manage operation of dedicated navigation channels. Cases where a dedicated navigational channel is converted into a public one in accordance with navigation channel development planning shall be approved by competent authorities and have part of investment capital (if any) refunded. The Ministry of Transport shall make decision on converting the dedicated navigation channel into a public one at the request of the Vietnam Maritime Administration. Pursuant to the decision the dedicated navigation channel into a public one, the Vietnam Maritime Administration shall receive the navigation channel from the enterprise to manage and operate it as prescribed.”.

c) Amendment to point d of Clause 5 of Article 23:

d) Dredging and maintenance of navigational channels to ensure that their depth is in accordance with technical specifications required by the approved design. After completing dredging and maintenance, commissioning must be carried out as prescribed. Construction warranty is not required if due to force majeure (storms, floods or natural sedimentation, erosion, or obstruction of channels);”

d) Addition of point dd after point d of Clause 5 of Article 23:

“dd) Clearance of obstacles: Illegal obstacles on channels and channel protection corridors must be cleared to ensure traffic safety. The port authority shall prepare record of obstacles that affect maritime traffic safety; organizations and individuals causing obstacles are responsible for clearing obstacles within the time limit decided by the port authority. If clearance is not carried out within the prescribed time limit, the port authority shall clear such obstacles and the organizations and individuals causing obstacles shall bear all costs. The Vietnam Maritime Administration shall organize the clearance of natural obstacles or obstacles that cannot determine the cause.”.

13. Amendment to Article 24 of Decree No. 58/2017/ND-CP:

“Article 24. Public maritime safety assurance services

1. Public maritime safety assurance services include:

a) Operation and maintenance of lighthouses, separated cardinal marks;

b) Operation, maintenance of aids to navigation on public navigation channels;

c) Periodic surveys serving the publication of maritime notices for public navigation channels (including pilot pick-up and drop-off locations), transshipment areas, anchorage areas, storm shelters in seaport waters assigned to the state maritime management authority on maritime affiliated with the Ministry of Transport;

d) Coastal information;

dd) Dredging and maintenance of public navigational channels to ensure that their depth is in accordance with design standards;

e) Maintenance, renovation, upgrading and repair of maritime infrastructure property assigned to the state maritime management authority affiliated with the Ministry of Transport;

g) Maritime search and rescue;

h) Processing and transmitting maritime security information;

i) Clearance of obstacles affecting maritime safety (including natural obstacles or obstacles that cannot determine the cause);

k) Operation and maintenance of VTS system;

i) Other public maritime safety assurance services as prescribed;

m) Unexpected maritime safety assurance missions.

2. The Ministry of Transport shall organize the task assignment, ordering or bidding for the provision of public maritime safety assurance services using recurrent expenditure of the state budget as prescribed in Appendix IV hereto. In cases applying ordering for public maritime safety assurance services specified in Appendix IV attached hereto, bidding method is still encourage to be applied.

3. The Ministry of Transport shall develop and amend economic and technical norms; cost norms; establish and adjust procedures for maintenance, monitoring, inspection and assessment of construction quality using regular expenditure of the state budget as prescribed.”.

14. Amendment to clause 3 of Article 39 of Decree No. 58/2017/ND-CP:

“3. Organizations and individuals have an obligation to establish the aids to navigation upon construction of underground works, works that pass the navigational channels or works that affect maritime operations, such as: power lines, cable cars, underground works, drilling rig, wind power works, hydropower works, thermal power works and other similar work; upon management of operation of dedicated navigation channels or use of the following water areas:

a) Areas where boring geology investigations, and oil and gas extraction are carried out;

b) Fishing and aquaculture areas;

c) Construction and salvage areas;

d) Areas where cables or underground pipes, underground works and equipment are installed and affect maritime operations;

dd) Areas where military exercise, search and rescue, fire and explosion prevention, and oil spill response drills are carried out;

e) Areas where oceanographic data collection system is installed;

g) Areas where entertainment, tourism and sports activities are carried out.

h) Areas where submersibles operate;

i) Operating waters of offshore wind power plants;

k) Take-off and landing areas for seaplanes.”.

15. Amendment to point a of clause 1 of Article 40 of Decree No. 58/2017/ND-CP:

“a) Original copy of or electronic form of application form of the organization, individual according to Form No. 15 specified in the Appendix attached hereto;”

16. Amendment to Clause 1 of Article 41 of Decree No. 58/2017/ND-CP , which is amended by Decree No. 74/2024/ND-CP:

“a) Original copy of or electronic form of application form for putting aids to navigation into use according to Form No. 16 specified in the Appendix attached hereto;”

17. Amendments to point b of clause 2 and addition of point e after point dd of clause 2 of Article 44 of Decree No. 58/2017/ND-CP:

a) Amendment to point b of Clause 2 of Article 44:

b) Maritime safety enterprises shall survey the depth of public navigational channels and dedicated waters (except for the dedicated transshipment areas) and be accountable for the results provided to include them in the notices to mariners;

b) Addition of point e after point dd of Clause 2 of Article 44:

“e) The Ministry of Transport shall elaborate regulations on the frequency of surveys for notices to mariners of public navigation channels, pilot boarding areas; the frequency of surveys of dedicated navigation channels, waters facing against terminals, wharves, floating terminals, anchorage areas, transshipment areas, and storm shelter areas.”.

18. Amendment to Article 45 of Decree No. 58/2017/ND-CP:

“Article 45. Authority to issue notices to mariners

1. The Vietnam Maritime Administration shall organize the first issuance of notice to mariners of technical specifications of navigation channels, waters facing against wharves and dedicated waters after construction, dredging, maintenance, renovation and upgrading as prescribed in Clause 2 of Article 44 hereof and notices to mariners prescribed in Clause 9 of Article 44 hereof.

2. Port authorities shall organize the periodic issuance of notice to mariners of technical specifications of navigation channels, waters facing against wharves and dedicated waters specified in Clause 2, Article 44 hereof and notices to mariners prescribed in Clauses 1, 3, 4, 5, 6, 7 and 8 of Article 44 of hereof.

19. Amendment to clause 1 of Article 38 of Decree No. 58/2017/ND-CP:

“1. The investor or operators shall submit 01 application for issuance of notices to mariners directly or by post or via online public service system to issuing authority to mariners specified in Article 45 hereof. The application includes:

a) Original copy of or electronic form of application form of the investor and operator according to Form No. 31 specified in the Appendix attached hereto;

b) Paper-based copy for electronic copy of the competent authority’s written consent to the establishment of aids to navigation;

c) Paper-based copy for electronic copy of the technical design;

d) Paper-based copy for electronic copy of record on commissioning and transfer of the work put into use.".

20. Amendment to clause 1 of Article 49 of Decree No. 58/2017/ND-CP:

“1. The unit managing and operating aids to navigation shall submit 01 application for issuance of the notice to mariners, directly or by post or via online public service system, to the issuing authority according to applicable regulations. The application includes:

a) Original copy of or electronic form of application form for issuance of notices to mariners of operation of aids to navigation according to Form No. 31 specified in the Appendix attached hereto;

b) Paper-based copy for electronic copy of the record on condition of aids to navigation.”.

21. Amendment to clause 1 of Article 50 of Decree No. 58/2017/ND-CP:

For the dedicated navigational channels, waters facing against wharves and dedicated transshipment areas that are specified in the periodic notice to mariners: The investor or operators shall submit 01 application for issuance of notices to mariners directly or by post or via online public service system to issuing authority as prescribed. The application includes:

a) Original copy of or electronic form of application form of the investor and operator according to Form No. 31 specified in the Appendix attached hereto;

b) Paper-based copy for electronic copy of record on commissioning of survey results;

c) Paper-based copy for electronic copy of the contour map of depth survey carried out within 15 days by the time the application is submitted, a survey report and other relevant documents collected at the site.”.

22. Amendment to clause 1 of Article 51 of Decree No. 58/2017/ND-CP:

“1. The investor or operators shall submit 01 application for issuance of notices to mariners directly or by post or via online public service system to issuing authority as prescribed. The application includes:

a) Original copy of or electronic form of application form of the investor and operator according to Form No. 31 specified in the Appendix attached hereto;

b) Paper-based copy for electronic copy of the competent authority’s written response to the conformity to the seaport development planning;

c) Paper-based copy for electronic copy of the technical design approved by a competent authority;

d) Paper-based copy for electronic copy of as-built drawing;

dd) Paper-based copy for electronic copy of record on commissioning and transfer of the work put into use.".

e) Paper-based copy for electronic copy of record on commissioning of results of the survey and obstacle scan;

g) Paper-based copy for electronic copy of the contour map of depth survey carried out within 15 days by the time the application is submitted, a survey report and other relevant documents collected at the site;

h) Paper-based copy for electronic copy of contour map of the obstacle scanning route;

23. Amendment to clause 1 of Article 52 of Decree No. 58/2017/ND-CP:

“1. The investor or operators shall submit 01 application for issuance of notices to mariners directly or by post or via online public service system to issuing authority as prescribed. The application includes:

a) Original copy of or electronic form of application form of the investor and operator according to Form No. 31 specified in the Appendix attached hereto;

b) Paper-based copy for electronic copy of the technical design approved by a competent authority;

c) Paper-based copy for electronic copy of the competent authority’s written consent to the construction;

d) Paper-based copy for electronic copy of construction plan or drawing;

dd) Paper-based copy for electronic copy of maritime safety assurance plan approved by a competent authority;

e) Paper-based copy for electronic copy of main technical specifications of the construction equipment.”.

24. Amendment to clause 1 of Article 53 of Decree No. 58/2017/ND-CP:

“1. The investor or operators shall submit 01 application for issuance of notices to mariners directly or by post or via online public service system to issuing authority as prescribed. The application includes:

a) Original copy of or electronic form of application form of the investor and operator according to Form No. 31 specified in the Appendix attached hereto;

b) Paper-based copy for electronic copy of the technical design approved by a competent authority;

c) Paper-based copy for electronic copy of as-built drawing;

d) Paper-based copy for electronic copy of record on commissioning and transfer of the work put into use;

dd) Paper-based copy for electronic copy of record on commissioning of results of obstacle scan;

e) Paper-based copy for electronic copy of main technical specifications of the work.”.

25. Amendment to clause 1 of Article 54 of Decree No. 58/2017/ND-CP:

“1. The investor or operators shall submit 01 application for issuance of notices to mariners directly or by post or via online public service system to issuing authority as prescribed. The application includes:

a) Original copy of or electronic form of application form of the investor and operator according to Form No. 31 specified in the Appendix attached hereto;

b) Paper-based copy for electronic copy of the contour map or nautical chart showing the sea areas where maritime operations are restricted or prohibited;

c) Paper-based copy for electronic copy of the competent authority’s written consent according to regulations of law (if any);

d) Paper-based copy for electronic copy of necessary documents and information relating to the sea areas where maritime operations are restricted or prohibited (if any).”.

26. Amendment to point e of clause 2 of Article 62 of Decree No. 58/2017/ND-CP:

e) Only dive (for inspection, repair, and maintenance of ships; to salvage ships and sunken property) or carry out repair activities, lowering lifeboats, and underwater activities related to maritime operations after obtaining the consent of the port authority, except for diving to clean the lower part of private sailing ships, yachts, and tourist boats when anchored at terminals or wharves reserved for private sailing ships, yachts, and tourist boats. Procedures for applying for permission: The declarant shall submit an original copy or electronic form of application made using the Form No. 35 provided in the Appendix attached hereto, directly or by post, or via the online public service system to the port authority. Within 04 working hours since receipt of the application, the port authority shall provide a written response to application for permission to operate in the seaport waters and the area managed by ​​the Port Authority. In case of refusal, a written response clearly stating reasons shall be given.”.

27. Amendment to clause 1 of Article 64 of Decree No. 58/2017/ND-CP:

A ship that arrives at or depart from a wharf, floating terminal; performs side-by-side mooring; moves or moves within the channel, turns within the waters facing against the wharf, waters facing against floating terminal, dedicated waters within seaport waters and area managed by the port authority, must be assisted by a tugboat as prescribed by the Seaport internal regulations.”.

28. Amendment to point e of clause 2 of Article 67 of Decree No. 58/2017/ND-CP:

“e) Maintain the technical state of the wharves, warehouses, storage yards, and equipment; the depth of waters facing against the wharf; and other water areas that are managed and used by the port enterprise as prescribed; carry out periodic surveys; and apply for the issuance of the notices to mariners that include the waters facing against the wharf and other water areas that are managed and used by the port enterprise. Carry out maintenance according to applicable regulations and relevant regulations of law to ensure safety in operation;”.

29. Amendment to point b and d of clause 1 of Article 68 of Decree No. 58/2017/ND-CP:

a) Amendment to point b of Clause 1 of Article 68:

b) When anchoring at the wharf, the larger ship is not allowed to perform side-by-side mooring from the outside of the smaller ship;”.

b) Amendment to point d of Clause 1 of Article 68:

“d) Only public service ships, ships supplying water, oil, food, equipment and reserve items, waste collection ships, pilot ships, fire-fighting ships, ships transshipping passengers from passenger ships or similar service ships are allowed to be moored side-by-side to the passenger ships.”.

30. Amendment to clause 2 of Article 69 of Decree No. 58/2017/ND-CP:

“2. When anchored in the seaport waters, there must be always at least two-thirds of seafarers on board with appropriate positions on board, including the master or chief mate and the chief engineer officer or second engineer officer that are responsible for dispatching ships or dealing with emergency cases.

For private sailing ships, yachts, and tourist boats: there must be always at least 01 seafarers on board that are responsible for dispatching ships or dealing with emergency cases In case the port or wharf owner arranges personnel to keep watch, be ready to mobilize and ensure safety, there is no need to arrange on-duty seafarer.”.

31. Amendment to clause 1 of Article 73 of Decree No. 58/2017/ND-CP:

“1. The ship that arrives at and departs from the maritime area within a seaport shall undergo the procedures which are the same as the ship that arrives at or departs from a seaport, except for private sailing ships, yachts, and tourist boats. Private sailing ships, yachts, and tourist boats operating in seaport waters must inform in writing, by fax or email, port authorities of the ship operation plan for supervision.".

32. Amendments to points a and b of Clause 3 of Article 75 of Decree No. 58/2017/ND-CP , which is amended by Decree No. 69/2022/ND-CP:

“a) The applicant shall submit 01 application directly or by post or online via public service system to the Vietnam Maritime Administration. The application includes: Original copy of or electronic form of application form using Form No. 40 specified in the Appendix attached hereto for consent to the arrival of the foreign ship at a seaport; paper-based copy or electronic copies of documents relating to the purposes and duration of the ship’s arrival at a seaport; paper-based copy or electronic copies of the ship registration certificate;

The Vietnam Maritime Administration shall receive the application. If the application is inadequate, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed herein. If the application is adequate, within 07 working days from the day on which such application is received, the Vietnam Maritime Administration shall send a written response directly or by post or via the online public service system to the applicant; in cases of refusal, a written response clearly stating the reason must be sent.”.

33. Amendment to Article 76 of Decree No. 58/2017/ND-CP:

Article 76. Time for completion of procedures

Relevant state regulatory authorities at the seaport shall be available 24/7 at the place where procedures are carried out as prescribed in Article 77 hereof to fulfill their duties, except for online procedures for ships.".

34. Amendment to Article 84 of Decree No. 58/2017/ND-CP:

“Article 84. Conversion from paper documents into e-documents and vice versa

Conversion from paper documents into e-documents and vice versa shall comply with law on e-transactions.”

35. Amendment to clause 1 of Article 85 of Decree No. 58/2017/ND-CP:

“1. The declarant shall use his/her digital signatures for declaration on the web portal in accordance with law on e-transactions.”.

36. Addition of Chapter IVa after Chapter IV:

“Chapter IVa

REGULATIONS ON MANAGEMENT OF SUBMERSIBLES PROVIDING TOURISM SERVICE IN VIETNAM’S SEAPORT WATERS

Article 105a. Submersible operational areas

1. Submersibles are only allowed to operate in the submersible operational areas approved by the Vietnam Maritime Administration and allocated by the competent authority.

2. Procedures for approval of submersible operational areas

a) The organization shall submit 01 application directly or by post or online via public service system to the Vietnam Maritime Administration;

The Vietnam Maritime Administration shall receive the application. If the application is inadequate, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed herein;

If the application is adequate, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall send a written request (together with 01 copy of the application specified in Clause 3 of this Article) to the Ministry of National Defense, the Ministry of Natural Resources and Environment and the relevant People's Committees of provinces and cities for opinions Within 30 working days from the date of receiving such request and related documents attached, the such agencies shall respond in writing to the Vietnam Maritime Administration.

c) Within 10 days from the date of receipt of the written response from the Ministry of National Defense, the Ministry of Natural Resources and Environment, and relevant People's Committees of provinces and cities, the Vietnam Maritime Administration shall issue a decision on approval according to Form No. 66; in case of refusal, a written response must be given stating the reasons.

3. The application for approval of submersible operational areas includes:

“a) Original copy of or electronic form of application form using Form No. 65 specified in the Appendix attached hereto;

b) Original copy of the location map of the aids to navigation;

c) A certified copy or an electronic copy issued from the original book or an electronic copy certified from the original copy of Decision approving the investment project.”

Article 105b. Requirements for seafarers of a submersible

1. General regulations

a) Meet the health standards for seafarers and ensure the working age according to the Vietnamese labor law;

b) Have a Certificate of Proficiency in Basic Training of seafarers;

c) Have a Certificate of Proficiency in Special Training of seafarers: crowd management for passenger ships; safety training for personnel providing direct service to passengers in passenger spaces; passenger safety training for passenger ships; crowd management and crisis management and human behavior training.

2. Requirements relating to competencies for seafarer operating submersibles

In addition requirements specified in Clause 1 of this Article, seafarers operating submersibles must meet the following requirements:

a) Hold a bachelor’s degree in ship control engineering or higher;

b) Have held the position of deck officer for 06 months or more;

c) Have a Certificate of Competency in submersible controlling issued by the manufacturer.

3. Requirements relating to competencies for seafarer assisting operation of submersibles

In addition requirements specified in Clause 1 of this Article, seafarers assisting operation of submersibles must meet the following requirements:

a) Hold an intermediate professional education diploma in ship control engineering or higher;

b) Have held the position of able seafarer (AB) for 06 months or more;

c) Have a Certificate of completion of training course for seafarers assisting operation of submersibles issued by the manufacturer.

Article 105c. Minimum manning requirements of submersibles

1. Minimum manning requirements of submersibles shall comply with the manufacturer's instructions and is not less than the number of submersible seafarers stated on the Submersible technical safety certificate.

2. The owner of the submersible is responsible for arranging sufficient staff to work on the submersible in accordance with Clause 1 of this Article.

Article 105d. Procedures for approval of Plans for putting submersibles into use

1. The organization shall submit 01 application directly or by post or online via public service system to the Port authority.

2. The Port authority shall receive the application. If the application is inadequate, within 03 working days from the day on which such application is received, the Port authority shall provide guidance on the completion of the application as prescribed herein;

If the application is adequate, within 03 working days from the day on which such application is received, the Port authority shall send written request (with 01 copy of the application specified in Clause 4 of this Article) to the Border Guard Commands of coastal provinces and cities, Military Commands of provinces and cities, Department of Transport and relevant agencies for opinions Within 10 working days from the date of receiving such request and related documents attached, such agencies shall respond in writing to the Port authority.

3. No later than 07 working days from the date of receipt of responses from relevant agencies, the Port Authority shall approve the Plan for putting the submersible into use in accordance with Form No. 68 specified in the Appendix attached hereto. In case of refusal, a written response clearly stating reasons shall be given.

4. The application for approval of Plans for putting submersibles into use includes:

a) Original copy of or electronic form of application form for approval of Plan for putting the submersible into use using Form No. 67 specified in the Appendix attached hereto;

b) Paper-base copy or electronic copy of submersible registration certificate;

c) A certified copy or an electronic copy issued from the original book or an electronic copy certified from the original copy of Decision allocation of sea area;

d) Original copy of Plan for arrangement of person operating the submersible;

dd) Original copy of Plan for assurance of maritime safety and security, environmental pollution prevention and search and rescue during submersible operations.

Article 105dd. Termination of submersible operations

1. Cases of termination of submersible operations

a) The submersible's operating period expires according to the approved Plan for putting submersible into use;

b) The organization licensed to operate the submersible does not operate it within 12 months from the date of approval of the Plan for putting submersible into use;

c) An accident, incident, or epidemic occurs causing serious consequences for people and the environment;

d) For reasons of ensuring national defense and security;

dd) The organization operating the submersible no longer needs to operate or use it.

2. The Maritime Port Authority shall issue a decision to terminate the operation of the submersible in accordance with Points a, b, c, and d of Clause 1 of this Article.

3. Documentation and procedures for terminating the operation of a submersible as prescribed in Point d of Clause 1 of this Article

a) The organization operating submersible shall send the original copy or electronic form of 01 Application form according to Form No. 69 specified in the Appendix attached hereto directly or by post or online via the public service system to the Port Authority;

b) Within 03 working days from the date of receipt of the application, the Port Authority shall terminate the operation of submersible in accordance with Form No. 70 specified in the Appendix attached hereto.

4. The Port Authority shall inform relevant agencies and organizations of such termination.

Article 105e. Responsibilities of organizations operating submersibles

1. Develop and maintain a safety management system for submersibles as prescribed.

2. Develop an operation process, a maintenance and operation plan to ensure maritime safety and security and prevent environmental pollution.

3. Organize the transfer of people from the mother ship supporting the submersibles to the submarine and perform diving operations ensuring safety.

4. Develop a plan to arrange submarine operators in accordance with the manufacturer's instructions in accordance with the technical characteristics of the vehicle and the actual operation and use, and be accountable for this arrangement.

5. Be accountable for the quality of training and coaching of the seafarer of the submersible.

6. Establish and maintain aids to navigation as prescribed.

7. Purchase insurance and perform insurance obligations as prescribed.

8. Keep a logbook of submersible operations in accordance with regulations as for ships.

9. Develop accident and incident handling plans, search and rescue plans (on the water and underwater) and organize drills of for such plans before putting the submersible into use at least once a year.

10. Carry out registration and inspection according to regulations for means participating in operations related to passenger submersibles.

11. When carrying out diving operation during the day, before 16:00 every day, a report must be sent to the Port Authority on the results of the implementation of the diving operation plan for the day and a plan for the next day's diving operations must be made, including the main contents (submersible name, seafarer, total number of dives, number of passengers on each dive, start time and end time of each dive). If there are any changes or other requirements, the Port Authority must be notified immediately to organize the inspection and supervision of diving operations. Daily diving operation plans must be stored as required and must be presented and provided immediately upon request by state regulatory authorities.

Article 105g. Responsibilities of the master of the mother ship assisting the submersible, seafarer operating the submersible, and seafarers assisting in controlling the submersible

1. Responsibilities of the master of the mother ship supporting the submersible

a) Ensure that diving operations are carried out safely and in accordance with the operating instructions as prescribed;

b) Ensure the safety of passengers on the mother ship assisting the submersible;

c) Control the number of passengers on the mother ship assisting the submersible and the submersible according to the number of people recorded on the Technical Safety Certificate of the ship and the information of the seafarers and passengers on the submersible in accordance with the notification sent to the Port Authority;

d) Regulate the operation of means and equipment assisting the submersible, promptly apply effective rescue and assistance measures when incidents or accidents related to diving operation occur; at the same time, immediately report to the Port Authority and relevant authorities to cooperate in the rescue;

dd) Notify the Port Authority of the end of the diving operation, other arising issues (if any) via communication channels;

e) Record all information and sign the confirmation in the diving operation log;

g) Control the number and list of passengers, check the ship before and after diving, present or provide immediately upon request of the managing agency.

2. Responsibilities of the seafarer operating the submersible

a) Comply with the instructions of the master of the mother ship assisting the submersible;

b) Carry out pre- and post-dive checks in accordance with the submersible operation procedures;

c) Operate the submersible safely and in accordance with the operation instructions as prescribed;

d) Record the submersible operation log including detailed information about the submersible; passengers, seafarers (full name, personal identification number or passport), present or provide immediately upon request of the managing agency.

3. Responsibilities of the seafarer assisting in controlling the submersible

a) Assist the seafarer operating the submersible;

b) Replace the seafarer operating the submersible if the seafarer operating the submersible loses the ability to control the submersible;

c) Provide instructions on safety rules and how to use safety equipment on the submersible to passengers participating in diving operations before starting, during and ending the diving operation.

Article 105h. Responsibilities of passengers

Comply with the instructions of competent authorities and the instructions of the seafarers while participating in diving operations.

Article 105i. Responsibilities of Port Authorities

1. Supervise diving operations to ensure safety in accordance with the approved Plan for putting the submersible into use.

2. Receive notifications and reports from the organization operating the submersible and cooperate with relevant agencies in coordinating search and rescue, handling accidents and incidents in the area.

Article 105k. Regulations on cooperation in search and rescue when incidents occur during diving operations

1. The cooperation in information exchange related to accidents, incidents, ensuring maritime safety and security and pollution prevention must be prompt, timely, complete and accurate.

2. The organization operating the submersible, the master of the mother ship assisting the submersible, the Port Authority and relevant parties, upon receiving information about accidents and incidents during diving operations, must promptly and accurately notify and forward the received information to the unit in charge of handling the accident and incident, ensuring maritime safety and security and preventing environmental pollution.

3. The National Civil Defense Steering Committee shall take charge and cooperate in search and rescue activities for submersible search and rescue incidents.

Article 105l. Accident and incident reporting

1. In case of an accident or incident involving a submersible occurring in the seaport waters and the Vietnamese waters, the organization operating the submersible and the master of the mother ship assisting the submersible must immediately report to the Port Authority.

2. Upon receiving notice or knowing about an accident or incident, the Port Authority shall immediately forward such information to the following agencies and organizations: Vietnam Maritime Administration; Maritime Safety Enterprises, if the accident causes damage or renders ineffective maritime support equipment or affects the maritime safety of ships; People's Committees of provinces and centrally affiliated cities and provincial-level military agencies, if the accident causes or is likely to cause environmental pollution or damage to aquatic resources.

Article 105m. Accident and incident investigation

1. The authority to investigate accidents or incidents involving means assisting submersible operations shall comply with the law.

2. When a submersible involves in an accident or incident, the organization of accident, incident investigation shall comply with the law on accident investigation for ships.”.

37. Amendments to clause 1 and point b of clause 2 of Article 99 of Decree No. 58/2017/ND-CP:

a) Amendment to Clause 1 of Article 99:

1. Places where procedures are carried out: Headquarters or representative offices the port authority.”.

b) Amendment to point b of Clause 2 of Article 99:

“b) Documents to be presented (original copies): Certificate of registration of inland waterway vehicle; Certificate of conformity from inspection of technical safety quality and environmental protection of the vehicle; seafarer register; Diploma or Certificate of professional competence, professional certificate of seafarers, operator.”.

38. Amendment to clause 1 of Article 100 of Decree No. 58/2017/ND-CP:

1. Places where procedures are carried out: Headquarters or representative offices the port authority.”.

39. Amendment to clause 2 of Article 107 of Decree No. 58/2017/ND-CP:

“2. The rescue of persons in distress is an obligation of all organizations, individuals, ships and other means while operating within seaport waters and Vietnamese territorial waters. Any ship that receives a rescue request from the agency in charge of search and rescue or discovering or receiving a distress signal from another person or ship in distress at sea or within seaport waters must make every effort to help and rescue people in distress, even though such effort entails the ship's going off the predetermined course, and must promptly inform relevant organizations and individuals thereof, provided it is capable of rescuing and if the rescue does not pose any serious danger to the ship and people onboard. The less damaged ship shall assist more damaged ships even though the accident or emergency is not caused by the former.”.

40. Amendments to heading of Article 110, clause 2 and addition of clause 5 after clause 4 of Article 44 of Decree No. 58/2017/ND-CP:

a) Amendment to the heading of Article 110:

“Article 110. Transport of passengers and cargoes, mineral mining, fishing and aquaculture within seaport waters”.

b) Amendment to Clause 2 of Article 110:

“2. The mineral mining, fishing and aquaculture within seaport waters may only be carried out if such activities do not affect maritime operations, maritime safety and security and environmental safety in the area and are licensed by competent authorities, allocated sea areas as prescribed.”.

c) Addison of clause 5 after clause 4 of Article 110:

“5. The People's Committees of provinces and cities shall cooperate with the Port Authorities to handle aquaculture activities that endanger or obstruct maritime traffic in seaport waters and sea areas in accordance with law.".

41. Addition of point c and b of clause 8 of Article 113 of Decree No. 58/2017/ND-CP:

“c) Embark and disembark passengers.”.

42. Amendment to clause 2 of Article 114 of Decree No. 58/2017/ND-CP:

“2. The Director of the port authority shall take charge in commanding the salvage of ships involved in a fire or explosion within seaport waters until a competent commander of a fire safety authority is present at the scene.”.

43. Replacement of the forms in Decree No. 58/2017/ND-CP which is amended by Decree No. 74/2023/ND-CP:

a) Replace forms No. 01, 02, 06, 07, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, 39, 40, 46, 49, 50, 51, 59, 61, 62 of Decree No. 58/2017/ND-CP with forms No. 01, 02, 06, 07, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, 39, 40, 46, 49, 50, 51, 59, 61, 62 of Decree No. 58/2017/ND-CP respectively with forms No. 01, 02, 06, 07, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, 39, 40, 46, 49, 50, 51, 59, 61, 62 in Appendix I attached hereto;

b) Replace forms No. 42, 43, 44, 47, 48, and 57 of Decree No. 58/2017/ND-CP amended and supplemented by Decree No. 74/2023/ND-CP with forms No. 42, 43, 44, 47, 48, and 57 in Appendix II attached hereto.

44. Add forms No. 2a, 35a, 63, 64, 65, 66, 67, 68, 69 and 70 in Appendix III attached hereto.

45. Add Appendix IV attached hereto.

Article 2. Annulment of some parts of some Decrees

1. Parts of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government detailing a number of articles of the Vietnam Maritime Code on the management of maritime operation are annulled:

a) Clause 3, Clause 6 and Clause 13 of Article 3 of Decree No. 58/2017/ND-CP are annulled;

b) Clause 4and Clause 13 of Article 3 of Decree No. 58/2017/ND-CP is annulled;

2. Parts of Decree No. 70/2016/ND-CP (which is amended by Decree 147/2018/ND-CP) are annulled:

a) Point b of Clause 1 of Article 1 of Decree No. 70/2016/ND-CP is annulled;

b) Section 3 of Chapter II of Decree No. 70/2016/ND-CP (which is amended by Decree 147/2018/ND-CP) is annulled:

Article 3. Effect

This Decree comes into force from April 10, 2025. Forms No. 42, 43, 46, 47, 48, 49, 50, 51, 57 specified in Clause 43 of Article 1 hereof comes into force from April 10, 2027.

Article 4. Transitional clauses

For terminals and wharves permitted to receive lightered ships with technical specifications greater than those specified in the Decision promulgated before the effective date hereof, and are operating safely but do not have a Maritime Safety Assurance Plan approved in accordance with Clause 4, Article 1 hereof, they may continue to receive lightered ships with technical specifications greater than those specified in the Decision promulgated and must have the Maritime Safety Assurance Plan approved by a competent authority no later than 12 months from the effective date hereof.

After 12 months from the effective date hereof, terminals and wharves that do not have a maritime safety assurance plan approved by a competent authority shall not be allowed to receive lightered ships with technical specifications greater than those specified in the promulgated Decision.

Article 5. Implementation

1. The Minister of Transport shall take charge and cooperate with relevant ministries, central authorities and People's Committees of provinces and centrally affiliated cities in organizing the implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Government agencies, Presidents of People's Committees of provinces and centrally affiliated cities and relevant organizations, individuals are responsible for implementing this Decree.

ON BEHALF OF GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Tran Hong Ha