The Ministry of Transport (MOT) has just issued a Circular detailing a number of articles of Decree No. 57/2024 of the Government on the management of dredging activities in seaport waters and inland waterway waters.
Flow standard maintenance contract
The notable point in the Circular is the specific regulations related to the form of dredging and maintenance according to the quality of implementation (standard maintenance contract).
In particular, the selection of maintenance dredging method according to implementation quality will be based on the importance of the waterway to maritime activities, inland waterways, the ability to exploit seaports, ports, and inland waterway wharves to serve socio-economic development.
The quality of dredging and maintenance is carried out by surprise survey and measurement as specified by the investor with a maximum area of 30% of the route area (Illustration photo).
At the same time, based on statistics on cargo volume; quantity, type, size of ships, inland waterway vehicles passing through ports, wharves on public shipping routes, inland waterways in the last 3 years. Along with that are the sedimentation developments, results of dredging and maintenance in at least the last 3 years, as well as the plan for the area and location to receive dredged materials.
The Circular stipulates that periodic and ad hoc surveys and measurements of waterways must be carried out during the contract for dredging and maintenance of public waterways and inland waterways to serve inspection, supervision and exploitation.
The investor decides the number of times for ad hoc surveys and measurements, but not more than 3 times/year. The scope of each survey and measurement is specified by the investor, with a maximum area of 30% of the route area.
In case the frequency of periodic survey and measurement of the waterway is more than 3 times/year, use the periodic survey and measurement data of the waterway to serve the purpose of inspection, monitoring and exploitation.
The investor is responsible for directing relevant units to base on the results of periodic and ad hoc surveys and measurements (if any) of the waterway to inspect and supervise the maintenance of the waterway design standards of the dredging contractor and serve the acceptance of the project.
In addition, direct the consulting contractor to conduct surprise surveys and measurements to check and supervise the maintenance of the dredging contractor's design standards for the waterway.
Dredge shallow points within 20 days at the latest.
The Circular also specifically stipulates the contractor's responsibility in dredging and maintenance according to the quality of implementation.
Specifically, no later than 20 days from the discovery of shallow locations according to survey and measurement results or according to warnings and requests from agencies and units related to the management, operation and exploitation of the waterway, the construction contractor must complete dredging of locations that do not meet design standards.
In case of force majeure, dredging cannot be carried out as prescribed and confirmed by the local maritime port authority or the regional inland waterway management agency, the contractor shall promptly send a document to the project management unit.
No later than 20 days from the time of discovery of shallow locations (excluding the time of force majeure events), the contractor must complete dredging of locations that do not meet standards.
The construction contractor must also survey, measure and internally check the construction results using the dredging contractor's budget.
For the project management unit, it is responsible for basing on the results of periodic and ad hoc surveys and measurements of maritime information and inland waterway routes (if any) to check the maintenance of the dredging contractor's maintenance of the channel design standards.
In case of detecting shallow locations, the project management unit shall send a document requesting the dredging contractor to conduct dredging of shallow locations to meet the channel design standards.
Notify in writing the supervision consultant to conduct construction supervision according to regulations and report the results of dredging construction to the investor and the regional maritime port authority or the regional inland waterway management agency (for inland waterway maintenance dredging).
In case the contractor fails to complete the dredging work to maintain the design standards of the channel on time, on schedule, and with the quality as per the contract or fails to complete the dredging of shallow locations to meet the design standards of the channel within the prescribed time, the project management unit must report to the investor to deduct the cost as stipulated in the contract corresponding to the time period that does not ensure the design standards (from the time the shallow location is discovered until the completion of the remediation) and impose a penalty as stipulated in the construction contract.
In case the contractor violates the contract and is no longer able to continue to perform the contract, seriously affecting the progress, quality and efficiency of the package, the project management unit shall report and propose to the investor to consider and terminate the signed contract. In addition, propose an implementation plan for the unimplemented work volume of the package to ensure the required progress and quality.
The project management unit is also responsible for organizing inspections and monitoring the contractor's compliance during the construction process with regulations on environmental protection, ensuring maritime and inland waterway safety. Proposing the investor to suspend construction to handle violations by the contractor and related organizations and individuals (if any).
Source: https://www.baogiaothong.vn/quy-dinh-moi-ve-nao-vet-luong-hang-hai-duong-thuy-192241201222227281.htm
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