On the Government Portal, Mr. T.T.P in Ho Chi Minh City reflected a number of problems and difficulties in the management of inland waterway activities and suggested that competent authorities consider adjusting them.
According to Mr. P, inland waterway ports and anchorage areas have expired according to the operating period stated in the decision to announce the opening. If the port owners, inland waterway ports and anchorage areas are not allowed to extend their operations, they must dismantle works and equipment that affect traffic safety, scan and clear obstacles in the port water area, inland waterway ports and anchorage areas (if any) within 60 days from the date of expiration of the operating period according to regulations.
The competent authority to announce the opening of inland ports, wharves, and anchorage areas shall coordinate with the People's Committees of communes, wards, and towns to organize supervision of the dismantling and demolition of inland port and wharf works, scan and clear obstacles in port waters, inland wharves, and anchorage areas.
However, in reality, there have been many cases where owners of ports, inland waterway wharves, and anchorage areas have not done so themselves for many different reasons (businesses stop operations, bankruptcies, dissolutions, etc.).
Mr. P asked, in the above case, which agency will dismantle works and equipment affecting traffic safety, scan and clear obstacles in port waters, inland waterway wharves, anchorage areas and from which funding will be used?
If using State funds, it would be unreasonable because when announcing the opening of the wharf, the wharf owner only paid the State a fee of 40,000 VND, but this demolition would take a lot of money and time. Therefore, Mr. P suggested that it is necessary to consider having clear regulations for this case.
The Ministry of Construction responds to the issue of port owners and wharves having to dismantle works and equipment affecting traffic safety as follows:
Clause 5, Article 14 of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government regulating the management of inland waterway activities stipulates the demolition of works and equipment affecting traffic safety, sweeping and clearing obstacles in port waters, inland waterway wharves, and anchorage areas (if any) within 60 days from the date of expiration of the operating period according to regulations. Cases where port and wharf owners do not comply with this are happening in practice.
Clause 4, Article 12 of the Law on Inland Waterway Traffic stipulates:
"The owner of the project, organization or individual causing an obstacle on the inland waterway is responsible for promptly installing and maintaining the inland waterway signal according to regulations throughout the construction period or the duration of the obstacle".
Clause 2, 3, Article 20 of the Law on Inland Waterway Traffic:
" Organizations and individuals causing obstacles are responsible for clearing obstacles within the time limit prescribed by the inland waterway management unit; if the inland waterway management unit does not carry out clearance within the prescribed time limit, the inland waterway management unit will carry out the clearance of those obstacles and the organization or individual causing the obstacle must bear all costs.
Inland waterway management units are responsible for clearing natural obstacles or obstacles that cannot be identified as organizations or individuals causing them".
The Vietnam Maritime and Waterway Administration organizes and requests the affiliated Port Authorities to inspect and notify the port and wharf owners to dismantle works and equipment affecting traffic safety, scan and clear obstacles in port waters, inland waterway wharves, and anchorage areas.
