4 min read

Vietnam Decree 34/2025/ND-CP Explained: Impact on Port Operations & Maritime Safety

Vietnam Decree 34/2025/ND-CP takes effect April 10! Understand key changes to maritime safety plans & port ops, especially for larger vessels.
Written by
Victor Lee
Published on
April 9, 2025

Staying compliant with evolving regulations is crucial for smooth shipping operations in Vietnam. A recent key development is Decree No. 34/2025/ND-CP, issued by the Vietnamese Government on February 24, 2025, and taking effect on April 10, 2025. This decree amends and supplements several articles of previous decrees governing the management of maritime operations in Vietnamese seaports and navigable waters, most notably Decree No. 58/2017/ND-CP. For ship principals, operators, charterers, and agents, understanding these changes is vital for planning and executing port calls effectively. This article highlights the key amendments introduced by Decree 34/2025.

Scope and Purpose of Decree 34/2025

Decree 34/2025 aims to refine and update the rules managing activities within Vietnam's seaport waters and navigation channels. It modifies specific procedures, responsibilities, and requirements outlined in earlier legislation, particularly Decree 58/2017/ND-CP, to align with current operational realities and safety standards.

Key Change 1: Maritime Safety Assurance Plans (Amended Article 8 of Decree 58/2017)

One of the most significant updates concerns the requirement for Maritime Safety Assurance Plans. Decree 34 clarifies and potentially expands the situations where such a plan must be developed by the relevant investor/operator and approved by competent authorities before activities commence.

Situations Requiring an Approved Plan now include:

  • Dredging operations within seaport waters and navigation channels.
  • Construction of works intersecting or affecting navigation (bridges, pipelines, wind turbines, drilling rigs, etc.).
  • Construction works within territorial waters that affect maritime operations.
  • Terminals/Wharves receiving vessels with technical specifications (e.g., size, DWT) greater than those specified in the original port/terminal announcement or decision.

Approval Authority:

  • Vietnam Maritime Administration (VINAMARINE): Approves plans specifically for terminals receiving vessels larger than originally specified (Point d above).
  • Regional Port Authorities: Approve plans for dredging and construction activities (Points a, b, c above), but require VINAMARINE's consent for works intersecting channels or affecting navigation significantly.

Implication for Operators/Agents: This explicit requirement for terminals receiving larger-than-specified vessels is critical. Before confirming a call with a large vessel (especially ULCVs or those pushing terminal limits), principals/agents must ensure the terminal operator possesses an approved Maritime Safety Assurance Plan covering that vessel size. Failure to do so could lead to delays or refusal of entry. This adds an essential verification step to port call planning for larger ships.

Key Change 2: Port Operation & Management Rules (Amended Article 22 of Decree 58/2017)

Decree 34 also refines rules related to the ongoing management and operation of seaports:

  • Maintenance & Surveys: Reinforces that seaport infrastructure requires regular maintenance according to construction laws. It also mandates periodic surveys of water areas in front of wharves and dedicated waters, with notices issued to mariners.
  • Receiving Larger Vessels: Explicitly links the ability of a terminal/wharf to receive vessels larger than specified in its initial operating decision to having an approved Maritime Safety Assurance Plan (as per the amended Article 8). It also notes that the Ministry of Transport will provide for the frequency of structural safety assessments for terminals regularly handling such larger vessels.

Implication for Operators/Agents: This emphasizes increased regulatory focus on ensuring infrastructure suitability and safety when handling larger vessels. While primarily the terminal operator's responsibility, it signals to vessel operators the importance of selecting terminals demonstrably capable and approved for their ship's size.

Other Procedural Amendments

Decree 34/2025 amends various other clauses within Decree 58/2017 and potentially other related decrees. While less impactful on day-to-day vessel operations than the points above, these may include adjustments to administrative procedures, timelines for approvals by authorities (like the 3-day response time for VINAMARINE on certain plan approvals), and specific definitions or responsibilities outlined in the maritime legal framework.

Practical Takeaways for Ship Operators & Agents (Effective April 10, 2025)

  • [Important] Verify Terminal Approval for Vessel Size: When booking large vessels, explicitly confirm with the terminal operator and/or your agent that the facility has the necessary approvals (including potentially a Maritime Safety Assurance Plan) for your vessel's specific DWT/dimensions.
  • Factor in Lead Times: For any non-standard operations or calls involving vessels potentially exceeding standard terminal limits, anticipate potential lead times required for the terminal to obtain necessary safety plan approvals.
  • Ensure Agent Awareness: Confirm your nominated port agent in Vietnam is fully aware of Decree 34/2025 and its implications for procedures and documentation.
  • Stay Updated: Monitor for any subsequent circulars or guidance from the Ministry of Transport or VINAMARINE that might further detail the implementation of these changes, particularly regarding technical standards for terminals handling larger vessels.

Conclusion

Decree 34/2025/ND-CP introduces important refinements to Vietnam's maritime operational management framework, effective April 10, 2025. The most significant changes for international shipping involve the clarified requirements for Maritime Safety Assurance Plans, especially when terminals accommodate vessels larger than their initial design specifications. Proactive planning, thorough verification of terminal capabilities and approvals, and close coordination with knowledgeable local agents are essential to ensure compliance and maintain smooth port operations under these updated regulations.

Lightspeed Marine stays abreast of all regulatory changes. Contact us for expert assistance navigating Vietnamese port requirements.

Sources:

Need Expert Maritime Support?
Leverage our local expertise for smoother port calls, crew changes, and cost savings in Vietnam. Enquire today for personalized solutions.
Enquire Now