On May 8, 2013, the Ministry of Transport (“MOT”) promulgated Circular No. 10/2013/TT-BGTVT guiding the implementation of Decree 211 on management of seaports and navigable channels (“Circular 10”)2.

The following new provisions are outlined in Circular 10:

  1. The quality of seaports’ infrastructure must be inspected every 5 years. Inspections for seaports used for more than 5 years (up to June 1, 2012) must be performed by December 31, 2013;
  2. Time limit to conduct procedures for inland waterway to enter and depart from seaports: 30 minutes instead of the 2 hours allowed under Decree 21;
  3. Permission for vessels to test run or for departure test runs at seaports will be issued by local port authorities within 2 hours before such test run takes place;
  4. The owner of vessels which remain unused and idle for more than 30 days must make a relevant provision plan detailing the unused period, technical specifications and crew members to be submitted to the local port authorities for approval;
  5. Procedures for port arrivals and departures may be carried out at the same time for the vessels with tonnage up to 200 DWT from China entering Quang Ninh Port; and from Cambodia entering Dong Thap and Kien Giang Ports;
  6. For vessels departing to Cambodia or transiting from/to Cambodia:
    1. Dong Thap Port authority is the focal point for
      • Departure procedures for inland vessels departing to Cambodia; and
      • Transiting of foreign vessels from Cambodia through Tien and Hau Rivers;
    2. Vung Tau and Can Tho Port authorities are responsible for procedures for vessels transiting through Tien and Hau Rivers to Cambodia.

——-
(1)Decree No. 21/2012/ND-CP dated March 21, 2012 of the Government on management of seaports and navigable channels (“Decree 21”).
(2)Circular 10 will take effect from July 1, 2013 and replace the MOT’s Circular No. 10/2007/TT-BGTVT of August 6, 2007 guiding Decree No. 71/2006/ND-CP on management of seaports and navigable channels.