At the draft report on the implementation of the Vietnam Maritime Code (VMC) that is being consulted by the Ministry of Transport (MoT), the MoT said that it is currently not possible to implement the port management and exploitation model.
According to the MoT, immediately after the 2015 VMC came into force, the Ministry directed the agencies and units to organize the implementation of the provisions on port management and exploitation.
Since 2016, the Ministry of Transport (MoT) has submitted a proposal to the Government on a draft decree governing the establishment, organization, and operation of Port Management and Exploitation Boards. The proposal recommended a pilot implementation of the board model for the Lach Huyen area in Hai Phong. However, to date, the implementation has not been possible. Under the provisions of the 2015 Vietnam Maritime Code, Port Management and Exploitation Boards are established with the aim of maximizing the efficiency of exploitation of the assigned water area and land area.
Specifically, the boards would have both business functions and functions related to the state management sector. However, the MoT believes that establishing a model with both functions at the same time at this time would conflict with current legal regulations such as the Government Organization Law, the Local Government Organization Law, and the Enterprise Law. The reason is that this is a completely new organizational model that has not been regulated in the laws on state organization such as the Government Organization Law, the Local Government Organization Law, and the Enterprise Law.
At the same time, the activities of the boards are directly related to the land and water areas of the locality. Meanwhile, the Land Law and the Local Government Organization Law have clearly defined the authority of local People's Committees in the management and use of land at the locality.
Therefore, the implementation of the port management and exploitation board model in the current situation could lead to many problems and is not yet really appropriate to the reality. Therefore, to date, it has not been possible to organize the implementation.
From this, the draft proposes to study the abolition of the provisions on port management and exploitation boards in the 2015 Code.
