The Government promulgates the Decree No.38/2017/ND-CP on construction and operation management of inland container depots.
This Decree prescribes the construction and operation management of inland container depots in Vietnam, including criteria for identification of inland container depots, infrastructure facilities and services at inland container depots; management of the construction and operation of inland container depots; management of operations of inland container depots; and powers and responsibilities of agencies and organizations at inland container depots.
Contents of state management of inland container depots:
1. Formulating, promulgating, and organizing the implementation of, legal documents on inland container depots; and standards, national technical regulations and techno-economic norms related to inland container depots.
2. Formulating, approving, and organizing the implementation of, the master plan on development of inland container depots.
3. Concluding, acceding to, and organizing the implementation of, treaties concerning inland container depots in accordance with law.
4. Announcing the opening, closure or suspension of operation of inland container depots.
5. Managing the construction and operation of inland container depot infrastructure.
6. Performing the specialized state management of activities of people, vehicles and cargo at inland container depots (cargo inspection, performance of customs procedures, quarantine, environmental pollution prevention, security and order maintenance, and fire and explosion prevention and fighting safety).
7. Managing prices, charges and fees related to the operation of inland container depots.
8. Compiling statistics on inland container depots.
9. Inspecting, examining, settling complaints and denunciations, and handling violations in accordance with law.
The formulation of the master plan on development of the inland container depot system shall be based on the socio-economic development strategy, national defense and security tasks, and master plans on development of transport sectors and fields, and must comply with the master plan on development of the system of logistics centers nationwide.
Principal contents of the master plan on development of the inland container depot system include:
a/ Analysis and assessment of the current development and distribution of inland container depots nationwide;
b/ Demands for development of inland container depots for transport of imports and exports, cargo in transit, and containerized cargo across regions in the whole country, territorial areas and economic corridors; major transport routes connected to seaports, inland waterway ports, railway stations, airports and land border gates;
c/ Forecast of impacts of scientific and technological advances and infrastructure development of the country in the planning period on the development of inland container depots;
d/ Viewpoints, objectives and justifications for alternatives on development of inland container depots of the whole country, territorial areas and economic corridors;
dd/ Solutions, mechanisms and policies on development of inland container depots and organization of their implementation to ensure achievement of the master plan’s objectives;
e/ Analysis and assessment of satisfaction of national defense and security requirements;
g/ Strategic environmental impact assessment under regulations;
h/ Plan on development of inland container depots shown in the master plan’s drawing.
Principles of investment in construction of inland container depots: Vietnamese and foreign organizations and individuals that invest in building inland container depots in Vietnam shall comply with this Decree and relevant regulations. Investment in the construction of inland container depots must comply with the approved master plan on development of inland container depots and other relevant master plans.
Supervision of implementation of the master plan on inland container depots
Before formulating an investment project to build an inland container depot under the law on construction investment, a project owner shall send directly or by another appropriate mode to the Vietnam Maritime Administration 1 dossier of request for opinion on the conformity of the project with the master plan on inland container depots. The dossier must comprise a document made according to Form No. 01 in the Appendix to this Decree; a 1:10,000-scale overall drawing of the depot’s location showing its plan on transport connection; and a 1:2,000-scale drawing showing sites of the depot’s functional sub-zones.
Order of dossier receipt and processing
The Vietnam Maritime Administration shall receive a dossier; if finding the dossier invalid, within 2 working days after receiving it, the Vietnam Maritime Administration shall give a written instruction for the project owner to complete the dossier in accordance with this Decree; if finding the dossier valid, within 3 working days after receiving it, the Vietnam Maritime Administration shall issue a written agreement on investment in the construction of an inland container depot and send it directly or by post to the project owner; in case of refusal, it shall issue a written reply to the project owner, stating the reason.
Before building an inland container depot, the project owner shall send to the Vietnam Maritime Administration a copy of the decision on the work construction investment enclosed with a plan on arrangement of the overall site, a copy of the decision approving the work construction design, and the project’s environmental dossier to serve management work.