Inland Waterway Operation Permit Procedure

The permit for inland waterway operation is a critical administrative procedure for the management and rational use of water transport resources. As vital transport arteries in many regions, inland waterway channels serve the needs of travel and cargo transport, contributing to socio-economic development. This article by Long Phan Consulting Company provides a detailed analysis of this procedure according to current regulations.

Classification of Inland Waterway Channels

As stipulated in Article 7 of Decree 08/2021/ND-CP dated January 28, 2021, inland waterway channels are classified into three types: national inland waterway channels (national channels), local inland waterway channels (local channels), and special-use inland waterway channels (special-use channels).

• National Channel: A channel that meets one of the following conditions:
  • Passes through two or more centrally-run provinces or cities and plays an important role in the economy, national defense, and security.
  • Located within one centrally-run province or city and connects directly to a coastal transport route or two national channels.
  • A trans-boundary or border channel.
• Local Channel: A channel within the territory of a single centrally-run province or city, excluding the cases specified for national channels.
• Special-use Channel: A channel connecting the waters of a special-use inland port or terminal to a national or local channel.

Authority to Announce the Opening of Inland Waterway Channels

Before operation, an inland waterway channel must be officially announced by a competent authority. According to Article 9 of Decree 08/2021/ND-CP and Point dd, Clause 9, Article 2 of Decree 33/2025/ND-CP, the authorities are as follows:

• The Ministry of Construction decides on the opening of national channels and special-use channels connected to national channels.
• The Provincial People’s Committee decides on the opening of local channels and special-use channels connected to local channels.

Application Dossier for Channel Opening Announcement

To obtain a permit for inland waterway operation, clients must prepare a complete dossier as required by Clause 3, Article 9 of Decree 08/2021/ND-CP, which includes:

• An application form for the announcement of the opening of an inland waterway channel (Form No. 02 in the Appendix of Decree 08/2021/ND-CP).
• The acceptance record of construction completion for use, as-built drawings of the channel project, and the inland waterway signaling system for newly constructed, renovated, or upgraded channels.
• A status survey chart of the proposed channel, showing landmarks, routes, signal positions, and existing structures for channels without a construction investment project.

Procedure for Announcing the Opening of Inland Waterway Channels

Based on Clause 4, Article 9 of Decree 08/2021/ND-CP, the procedure varies depending on the channel type.

Procedure for National Channels

1. 1. The Vietnam Maritime and Waterway Administration prepares the dossier and reports to the Ministry of Construction.
   2. Within 05 working days of receiving a complete dossier, the Ministry of Construction issues a decision to announce the channel’s opening.

Procedure for Local Channels

1. 1. The Department of Transport and Public Works prepares the dossier and reports to the Provincial People’s Committee.
   2. Within 05 working days of receiving a complete dossier, the Provincial People’s Committee issues a decision to announce the channel’s opening.

Procedure for Special-Use Channels Connected to National Channels

1. 1. Dossier Submission: The organization or individual submits one complete dossier directly or by other appropriate means to the Vietnam Maritime and Waterway Administration.
   2. Appraisal: Within 05 working days of receiving a complete dossier, the Vietnam Maritime and Waterway Administration appraises it and, if eligible, reports to the Ministry of Construction.
   3. Decision: Within 05 working days of receiving the report, the Ministry of Construction issues a decision to announce the channel’s opening.

Procedure for Special-Use Channels Connected to Local Channels

1. 1. Dossier Submission: The organization or individual submits one complete dossier directly or by other appropriate means to the Department of Transport and Public Works.
   2. Appraisal: Within 05 working days of receiving a complete dossier, the Department appraises it and, if eligible, reports to the Provincial People’s Committee.
   3. Decision: Within 05 working days of receiving the report, the Provincial People’s Committee issues a decision to announce the channel’s opening.

>>> See more at: Procedures for applying for a license to transport across borders by waterway

Services for the Inland Waterway Operation Permit by Long Phan Consulting Company

The procedure for a permit for inland waterway operation involves complex technical regulations and requires thorough preparation. To ensure a swift, accurate, and effective process, Long Phan Consulting Company provides comprehensive legal services, assisting clients from dossier preparation to final approval.

Our professional support includes:

• Analyzing client needs to determine the correct inland waterway channel classification for the announcement.
• Assessing the suitability of the proposed channel’s location and scale against water transport development plans.
• Assisting clients in drafting and preparing a complete and compliant application dossier.
• Monitoring the application process, providing proactive updates, and reporting to the client.
• Acting as the client’s representative to work with and provide clarification to competent authorities upon request.
• Receiving the final decision on the client’s behalf and delivering it.

Frequently Asked Questions

Can inland waterway channels be converted?

Yes, according to Article 10 of Decree 08/2021/ND-CP, the conversion of inland waterway channels is possible.

When must an inland waterway channel be announced as closed?

According to Clause 1, Article 11 of Decree 08/2021/ND-CP, a channel is considered for closure in the following cases:

It no longer ensures transport safety.

For reasons of national defense and security.

There is no longer a need for its operation or use.

What procedure must an investor complete before approving a channel construction project?

Before project approval, the investor must reach an agreement on the channel’s technical specifications with the competent authority specified in Clause 2, Article 8 of Decree 08/2021/ND-CP.

Is there a legal form for the Decision to Announce the Opening of a Channel?

Yes, the Decision is made according to Form No. 03 in the Appendix issued with Decree 08/2021/ND-CP.

Conclusion

Completing the licensing procedure for the exploitation and use of inland waterway channels is a mandatory legal requirement that enables development opportunities for transport activities. This process demands careful preparation of technical and legal dossiers. To ensure the procedure is executed effectively and in compliance with regulations, clients are encouraged to contact Long Phan Consulting Company via hotline: 1900636389 for detailed advice.