Quyết định 886/QĐ-TTg năm 2023 của Thủ tướng Chính phủ phê duyệt Kế hoạch, chính sách, giải pháp và nguồn lực thực hiện Quy hoạch tổng thể phát triển hệ thống cảng biển Việt Nam thời kỳ 2021 - 2030, tầm nhìn đến năm 2050

DECISION

APPROVING PLAN WITH POLICIES, SOLUTIONS AND RESOURCES FOR IMPLEMENTATION OF COMPREHENSIVE PLANNING FOR DEVELOPMENT OF VIETNAM’S SEAPORT SYSTEM IN 2021 - 2030 PERIOD, WITH A VISION TO 2050

THE PRIME MINISTER

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

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

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law on Amendments to some Articles concerning Planning of 37 Laws dated November 20, 2018;

Pursuant to the National Assembly’s Resolution No. 61/2022/QH15 dated June 16, 2022 on continuing to strengthen the effect and efficiency of policies and laws on planning and a number of solutions to remove difficulties, speed up the formulation and improve the quality of planning for the 2021-2030 period;

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Pursuant to the Prime Minister’s Decision No. 1579/QD-TTg dated September 22, 2021 approving comprehensive planning for development of Vietnam’s seaport system in 2021 - 2030 period, with a vision to 2050;

At the request of the Minister of Transport.

HEREBY DECIDES:

Article 1. Promulgated together with this Decision is a Plan with policies, solutions and resources for implementation of the Comprehensive Planning for Development of Vietnam’s Seaport System in 2021 - 2030 period, with a vision to 2050.

Article 2. This Decision comes into force from the date on which it is signed.

Article 3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decision.

PP. THE PRIME MINISTERTHE DEPUTY PRIME MINISTERTran Hong Ha

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PLAN

POLICIES, SOLUTIONS AND RESOURCES FOR IMPLEMENTATION OF THE COMPREHENSIVE PLANNING FOR DEVELOPMENT OF VIETNAM’S SEAPORT SYSTEM IN 2021 - 2030 PERIOD, WITH A VISION TO 2050 (Enclosed with the Prime Minister’s Decision No. 886/QD-TTg dated July 24, 2023)

I. OBJECTIVES

1. Increase awareness and call for actions with a view to implementation of the Prime Minister’s Decision No. 1579/QD-TTg dated September 22, 2021 approving comprehensive planning for development of Vietnam’s seaport system in 2021 - 2030 period, with a vision to 2050.

2. Identify tasks, solutions and lists of specific projects to be implemented in each period from now to 2030 in conformity with conditions of ministries, central and local authorities; clearly define methods, resources and mechanisms for cooperation in implementation among ministries, central agencies, departments and People's Committees of central-affiliated cities and provinces

3. Provide orientations for Ministries, central agencies, departments and People's Committees of provinces and central-affiliated cities in formulating plans and cooperate with the Ministry of Transport and relevant units in fulfilling objectives, tasks and solutions for implementation of the planning in each period.

II. TASKS AND SOLUTIONS FOR IMPLEMENTATION

1. Task of implementing the procedures under regulations of law on planning

- Announce the planning, disseminate contents and provide information about comprehensive planning for seaport system development to organizations and individuals so as to participate in supervising the implementation of planning and developing infrastructure according to the approved planning;

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- Archive planning documentation as prescribed;

- Report and assessment the implementation of the seaport planning every year, every 05 years or on ad hoc basis at the request of competent authorities.

2. Task of perfecting maritime legislative documents

- Consider proposing amendments to the Vietnam Maritime Code 2015 according to the roadmap and procedures specified under the Law on Promulgation of Legislative Documents; review and amend related guiding decrees and circulars to facilitate the development, management and efficient use of maritime infrastructure. Focus on perfecting legislative documents on port prices and charges to improve efficiency of investment in seaports, increase their attractiveness to shipping lines, attract international transshipped containerized goods and harmonize national interests and stakeholders' interests.

- Review and amend legislative documents related to mechanisms and policies to feasibly and effectively implement objectives of the seaport planning in such a manner to synchronize with the 10-year Socio-economic development strategy 2021 – 2030 and socio-economic development plans of the whole country and each locality.

- Consider formulating legislative documents prescribing and providing guidance on application of policies on free ports in Lach Huyen, Cai Mep, Thi Vai and Van Phong terminals.

- Formulating documents prescribing, providing guidelines, regulations and standards for investment in construction of seaports according to green port criteria.

- Complete and formulate legislative documents on attraction of sources of capital, management and use of legal sources of capital other than state budget capital for development of maritime infrastructure according to the approved planning.

3. Task of developing infrastructure

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- Adjust the Comprehensive Planning for Development of Vietnam’s Seaport System in 2021-2030 period, with a vision to 2050 to make it conformable with the National Master Plan in 2021-2030 period, with a vision to 2050.

- Formulate maritime technical planning, concretize the comprehensive planning for seaport development to develop seaport infrastructure and other related maritime infrastructure in practice. Provide sufficient capital for planning formulation which is covered by regular sources of funding or other legal sources of funding.

- Review, adjust or add detailed planning for seaport groups by 2020, with a vision to 2030 (until new planning is promulgated) under regulations of law on planning and in conformity with the approved comprehensive planning for development of Vietnam’s seaport system in 2021-2030 period, with a vision to 2050 in order to ensure the consistency, continuity and satisfaction of the requirements for socio-economic development.

b) Investing in development of maritime infrastructure

- Prioritize the allocation of capital for the medium-term public investment plan covered by the central budget for the 2026-2030 period of the Ministry of Transport approved by competent authorities to implement the projects (see details in the Appendix I).

- Call for investment in execution of seaport infrastructure development projects covered by capital of enterprises according to the approved planning (see details in the Appendix II).

c) Expected demand (plan) for land area

- The expected total demand for land area under the Comprehensive Planning for Development of Vietnam’s Seaport System by 2030 is about 33.600 ha and expected total demand for water surface by 2030 is about 606.000 ha.

- The Ministry of Transport shall, during the process of formulating technical and specialized planning, keep reviewing and accurately determine the demand for land area and carry out investment phasing not exceeding national land use quotas in the 2021 - 2030 period, with a vision to 2050, 5-year national land use plan 2021 - 2025 approved by the National Assembly under the Resolution No. 39/2021/QH15.

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1. Attraction of the capital for development of infrastructure

- Focus on allocating sufficient capital for the planning work to meet the schedule for implementing the planning; formulate a mechanism to attract and receive resources for planning formulation form sponsors for planning formulation so as to reduce budget pressure.

- Balance the budget and allocate adequate investment capital for construction of public maritime infrastructure (navigational channels, lighthouses, storm shelters for vessels, maritime safety infrastructure, state management of maritime activities, search and rescue, auxiliary works) according to the approved seaport development planning roadmap, creating spillover effects and attracting investment in seaport and related infrastructure in the region. Strengthen cooperation among ministries, central and local authorities to provide resources for feasibly and effectively accomplishing objectives of the planning.

- Mobilize on- and off-budget resources and domestic and foreign resources to carry out the planning work and make investment in development of seaport infrastructure under the planning. Institutionalize solutions for mobilizing and using resources to facilitate effective and feasible implementation.

- Continue to strengthen relationships with relevant organizations which are strategic partners of Vietnam such as Japan, South Korea and other countries, international organizations such as the Japan International Cooperation Agency (JICA), Asian Development Bank (ADB) and other organizations to attract investment capital in seaport infrastructure and traffic infrastructure connected to seaports.

- Review the management and use of revenues from leasing of maritime infrastructure facilities, propose a specific mechanism to use such revenues to afford urgent maritime projects.

- Consider applying investment incentives to investment projects using water surface and sea areas (specified in the Law on Investment No. 61/2020/QH14 dated June 17, 2020) so as to attract investors to develop maritime infrastructure facilities.

2. Development of human resources

- Adopt a policy to train and attract high-quality human resources in the maritime sector, especially in the management and operation of seaport infrastructure. Intensify cooperation and take advantage of support from partners and international organizations for developing maritime human resources.

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3. Science and technology development

- Promote the application of science and technology, modern techniques, digital technology and digital transformation in the development of the maritime industry, including the construction, management and operation of the seaport system in line with trends of the Fourth Industrial Revolution.

- Prioritize investment in, development and effective use of the information technology infrastructure for the national single-window system. Declare shipping procedures through web portals; widely use the national single window customs mechanism in the seaports of Ho Chi Minh City, Vung Tau, Da Nang, Hai Phong and Quang Ninh and other seaports.

- Speed up the investment in and operation of projects in association with the application of modern science and technology to maritime management and development, including the project to set up a new generation satellite system for Cospas-Sarsat, MEOLUT to follow the technology trend and development roadmap of the Cospas - Sarsat organization, maintain and improve the quality of Cospas - Sarat distress alerting service; effectively exploit long-range identification and tracking (LRIT) system; manage ships using the Vessel Traffic Service System (VTS); automatic identification system (AIS) in order to improve efficiency in managing and monitoring the positions of ships flying the national flag, service the maritime management, search and rescue, national defense and security and marine economic development.

- Strengthen cooperation with developed countries to gain experience, transfer science and technology to develop maritime traffic at the advanced, efficient and safe level with standards in conformity with those of the region and world.

4. Social security assurance

Further close cooperation among ministries, central and local authorities according to functions, tasks and power in investment in development of seaports, maritime infrastructure and investment in civilian structures (local roads, sea dikes, works for prevention of coastal erosion; fishing ports, local passenger ports) to serve the people, ensure social security, preserve and uphold values of heritage sites in respect of culture, tourism and environment.

5. Environmental protection

- Promote research and environmental protection upon construction, management and operation of maritime infrastructure, including focusing on development of the seaport system according to the roadmap for application of green port criteria; conduct research and develop a fleet of modern and eco-friendly sea-going and coastal ships in line with Vietnam's plan to implement commitment to combating global climate change.

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- Ministries and agencies shall, within their power, closely cooperate with local governments in land clearance; determine locations where dredged materials are dumped and contained in accordance with regulations on environmental protection.

6. Assurance about financial resources

- Study and propose appropriate financial mechanisms and policies to meet the demands for investment in development of the seaport system according to the planning. Regualrly review and assess actual demands for development of infrastructure in each area in order to propose an appropriate list of areas given investment priority, ensuring that investment is made in a focus and targeted manner to both suit the capacity for allocating resources and create spillover effects

- The Ministry of Transport shall closely cooperate with the Ministry of Finance and the Ministry of Planning and Investment in study and report to the competent authorities so as for them to consider the allocation and use of the annual budget to perform the tasks under the planning.

- Regularly organize investment promotion conferences to provide information on planning and investment policies of each area and each local authority in order to call for attracting sources of capital other than state budget capital to meet the demands for investment capital for seaport development according to the approved plan.

7. National defense and security assurance

- Develop ports in island districts to serve socio-economic development in association with national defense and security and sovereignty over sea and islands.

- Ministries, central and local authorities shall, within their power, strengthen proactive and close cooperation in performance of national defense and security tasks, search and rescue, protection of sovereignty and exercise of sovereignty rights and jurisdiction over the seas and islands with the aim of assuring security and order during the implementation of the Planning.

- Promptly and effectively execute investment projects in maritime infrastructure associated with national defense - security and sovereignty over sea and islands, including construction of lighthouses and building of search and rescue ships and supply ships (carrying out inspections at sea and on the Spratly Islands and offshore islands in the South and North) in order to increase the capability for cooperation in search and rescue and marine environment protection, and contribute to affirming national sovereignty and national sovereignty rights over the seas and islands.

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Study mechanisms and policies to mobilize resources for the development of technical and specialized maritime planning; use revenues from leasing of port infrastructure covered by the state budget to invest in the construction of public maritime infrastructure; exempt or reduce fees for using the sea area for investment in seaport development and mechanisms and policies to meet the requirements for mobilizing resources for the planning implementation.

IV. IMPLEMENTATION

1. Ministry of Transport

- Provide information and archive planning documentation as prescribed.

- Take charge and cooperate with ministries, central authorities and People’s Committees of provinces and cities on managing and organizing the implementation of planning. Formulate, submit to the Prime Minister for approval or approve within this power the technical and specialized maritime planning.

- Adjust the Comprehensive Planning for Development of Vietnam’s Seaport System in 2021-2030 period, with a vision to 2050 to make it conformable with the National Master Plan approved by the National Assembly under the Resolution No. 81/2023/QH15.

- Direct the formulation, approval and implementation of the plan to implement the detailed planning for seaport groups by in 2021 - 2030 period, with a vision to 2050; detailed planning for development of land and seaport waters in 2021 - 2030 period, with a vision to 2050; comprehensive planning for development of the inland port system in 2021 - 2030 period, with a vision to 2050.

- Preside over reviewing specialized laws in compliance with regulations on procedures for amending Laws and guiding documents to facilitate the formulation of planning, investment in, management, maintenance and operation of maritime infrastructure; complete the system of standards, regulations and economic - technical norms. Cooperate with ministries and central authorities in reviewing and recommending competent authorities to amend related legislative documents to facilitate and increase the efficiency in investment in and operation of maritime infrastructure and perform relevant tasks according to its assigned functions and tasks.

- Cooperate with ministries, central and local authorities in researching and mobilizing appropriate resources for investment in development of maritime infrastructure and land use planning in conformity with the national sector planning and maritime technical and specialized planning.

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- Study breakthrough mechanisms and policies to mobilize resources for organizing the implementation of planning related to mobilization of resources for formulating technical and specialized maritime planning; consider using revenues from leasing of port infrastructure covered by the state budget to invest in the construction of public maritime infrastructure; exempt or reduce fees for using the sea area for investment in seaport development and mechanisms and policies to meet the requirements for mobilizing resources for the planning implementation.

2. Ministry of Planning and Investment

Preside over and provide public investment capital for investment in maritime infrastructure under regulations of Law on Public Investment and Law on State Budget. Within its power, preside over and cooperate with the Ministry of Transport in studying, promulgating or submitting to competent authorities for promulgation of mechanisms and policies to mobilize sources of funding for investment in, upgradation and maintenance of maritime infrastructure.

3. Ministry of Finance

- Provide state funding for assessment of the Comprehensive Planning for Development of Vietnam’s Seaport System under regulations set out in Section 2 of the Law on Planning; provide capital for formulating, appraising, deciding, approving, announcing and adjusting technical and specialized maritime planning as prescribed.

- Preside over and provide funding for maintenance of maritime infrastructure covered by the central government budget within the capacity for balancing the annual budget. Within its power, cooperate with the Ministry of Transport in studying, promulgating or submitting to competent authorities for promulgation of mechanisms and policies to mobilize and utilize sources of funding for carrying out the planning work, operating and maintaining maritime infrastructure. Preside over studying mechanisms for free ports in Lach Huyen (Hai Phong) and Cai Mep (Ba Ria - Vung Tau).

4. Ministry of Natural Resources and Environment

Preside over and cooperate with the Ministry of Transport in perfecting incentives for use of land and sea areas for construction of maritime infrastructure; improve regulations on management and use of land, and use of sea areas for construction of maritime infrastructure, and procedures for dumping dredged materials to facilitate the investment in and operation of seaports.

5. Ministry of Industry and Trade

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6. Ministry of Science and Technology

Cooperate with the Ministry of Transport and Ministry of Construction in organization of research and testing of new technology and new materials; promulgate the system of standards in the fields involving transport.

7. Ministry of Information and Communications

Cooperate with the Ministry of Transport in enhancement of dissemination of information to agencies, organizations, enterprises and people to improve the effectiveness of management and operation of seaport infrastructure and protection of seas and islands, contributing to assurance about maritime safety and security.

8. Ministry of Agriculture and Rural Development

Cooperate with the Ministry of Transport in reviewing and amending legislative documents to facilitate investment in construction of maritime infrastructure (including areas outside dikes).

9. Ministry of Labor, War Invalids and Social Affairs

Study, review and cooperate with relevant ministries and central authorities in directing vocational education and training institutions to train highly skilled human resources to meet the actual demands for development of maritime transport.

10. People's Committees of provinces and cities concerned

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- Review the local plannings and projects to ensure consistency and uniformity with the plannings for transport.

- Update contents of the provincial planning in order to follow the orientation to development of local traffic according to the national sector planning. Proactively build and integrate the detailed seaport planning into the provincial planning and propose a mechanism to mobilize resources to formulate planning and invest in development of maritime infrastructure within their provinces.

- Periodically organize investment promotion conferences aimed at development of maritime infrastructure including seaport infrastructure within their provinces according to the approved planning.

V. FUNDING FOR IMPLEMENTATION

- The funding for the implementation of this Plan shall be allocated within the annual state budget estimate of relevant ministries, central and local authorities according to the current state budget hierarchy in order to ensure the conformity with the ability to balance the state budget and other lawful sources of capital in accordance with the law, ensuring thriftiness and efficiency, and meeting the schedule.

- Relevant ministries, central and local authorities shall proactively allocate, integrate tasks and mobilize lawful sources of capital other than state budget capital to perform the tasks of this Plan.