ON INVESTMENT IN CONSTRUCTION, MANAGEMENT AND OPERATION OF DRY PORTS

This Decree provides detailed regulations on investment in construction, management and operation of dry ports.

This Decree applies to Vietnamese and foreign organizations and individuals involved in investment in construction, management and operation of dry ports.

For the purposes of this Decree, these terms below shall be construed as follows:

1. A dry port is a component of transport infrastructure, serving as a transport logistics hub connected to the operations of seaports, airports, inland waterway ports, railway stations and road border checkpoints, while also functioning as a customs point for exported and imported goods.

2. An investor is an agency, organization or individual that owns capital, borrows capital or is directly assigned to manage and use capital for investment in construction of dry ports.

3. A dry port infrastructure operator (hereinafter referred to as dry port operator) includes the investor or a person authorized or leased by the investor to manage and operate the dry port.

4. High-capacity modes of transport include: inland waterway transport on class II or higher inland waterways; rail transport; and expressway transport.

1. Formulation, promulgation and implementation of legal normative documents on dry ports; standards, national technical regulations and economic-technical norms related to dry ports.

2. Formulation, approval and implementation of the dry port system development plan.

3. Conclusion, accession to and implementation of international treaties related to dry ports in accordance with the law.

4. Announcement of opening and closure of dry ports.

5. Organization of management of investment in construction and operation of dry port infrastructure.

6. Organization of specialized state management over the movement of persons, means of transport and goods at dry ports (goods inspection, customs procedures, quarantine, environmental pollution prevention, security, order and fire and explosion prevention and fighting).

7. Management of prices, fees and charges related to dry port operations.

8. Organization of statistical collection of relevant parameters and data on dry ports.

9. Inspection, examination, settlement of complaints and denunciations, and handling of violations in accordance with the law.

Dry ports shall have the functions prescribed in Article 100 of the Vietnam Maritime Code No. 95/2015/QH13.

Dry port criteria shall be determined in accordance with Article 101 of the Vietnam Maritime Code No. 95/2015/QH13 and shall have a minimum area of 5 hectares for newly established dry ports.

1. Dry port infrastructure consists of works and technical facilities invested in and constructed in conformity with national technical regulations on dry ports to perform the functions of the dry port.

2. Main works comprising dry port infrastructure include:

a) Warehousing and storage yard systems;

b) Works ensuring security and order at the dry port and controlling persons, goods and means of transport entering and leaving the dry port, including: gates, perimeter fencing, waste collection, storage and treatment facilities; scanning and screening equipment; customs surveillance, inspection and retention equipment;

c) Parking areas for transport vehicles, cargo handling equipment and other vehicles operating at the dry port;

d) Internal roads and roads connecting to the transport system outside the dry port area;

dd) Office areas including operations buildings, working offices for relevant authorities such as customs and quarantine, and other infrastructure.

3. The Minister of Construction shall promulgate national technical regulations on dry ports.

Dry port services include:

1. Transport support services:

a) Cargo handling services, including container handling and goods handling;

b) Warehousing and storage services;

c) Transport agency services;

d) Customs brokerage services;

dd) Goods tallying services;

e) Container repair, maintenance and cleaning services;

g) Fumigation, quarantine and irradiation services for food, agricultural products and seafood.

2. Goods value-added services: packaging, splitting, repacking, sorting, labeling, processing, assembly, inspection and certification, and other value-added services.

3. Other services as prescribed by law.

1. In the first quarter of each year, the Vietnam Maritime and Inland Waterways Administration shall update and post the dry port list on its website.

2. The dry port list shall include the following main items: dry port name; dry port location; dry port owner.

1. Transport connectivity of dry ports must be associated with the ability to organize efficient operations and rational use of the connected modes of transport.

2. The connection of dry ports with modes of transport must comply with the law on management, operation and use of the infrastructure of the respective mode of transport.

1. Vietnamese and foreign organizations and individuals investing in and constructing dry ports in Vietnam must comply with the provisions of this Decree, the law on investment and construction, and other relevant provisions of law.

2. Investment in construction of dry ports must conform to the dry port system development plan and other relevant planning documents.

1. Before approving investment policy or issuing an investment registration certificate for a dry port construction investment project in accordance with the law on investment, the competent authority shall send a written request - directly, by post or through the electronic document management system - to the Vietnam Maritime and Inland Waterways Administration for comments on the conformity with the dry port system development plan. The written request shall clearly state the location, scale, functions, area and capacity of the dry port.

2. Within 3 working days, the Vietnam Maritime and Inland Waterways Administration shall send a written reply to the competent authority, delivered directly, by post or through the electronic document management system.

Where a dry port has completed investment and construction, or where a customs clearance point meets the dry port criteria prescribed in Article 6 of this Decree, the procedures for announcement of opening of a dry port shall be carried out as follows:

1. The investor shall submit 1 application to the Vietnam Maritime and Inland Waterways Administration, delivered directly, by post or online via the National Public Service Portal.

2. The application for announcement of opening of a dry port shall include:

a) A declaration for opening of a dry port according to Form No. 01 in the Appendix issued together with this Decree;

b) A copy or electronic copy of the decision approving the dry port construction investment project issued by the competent authority in accordance with the law, or a copy or electronic copy of the document or decision of the competent authority recognizing the customs clearance point for exported and imported goods (applicable where a customs clearance point is being announced as a dry port);

c) A copy or electronic copy of legal documents evidencing land use rights as prescribed. Organizations and individuals shall not be required to submit such documents where the administrative procedure settlement authority can retrieve the relevant information from the national database;

d) A copy or electronic copy of the minutes of acceptance for commissioning of the dry port works, together with as-built layout drawings of the main works prescribed in clause 2 of Article 7 of this Decree;

dd) A copy or electronic copy of the decision approving the environmental impact assessment (EIA) report of the Project as prescribed.

3. The Vietnam Maritime and Inland Waterways Administration shall receive the application. Where the application is incomplete or where the administrative procedure settlement authority is unable to retrieve information from the national database, or the information retrieved is incomplete or inaccurate, within at most 2 working days from the date of receipt of the application, the Vietnam Maritime and Inland Waterways Administration shall send a written notice to the investor by post or online via the National Public Service Portal, clearly stating the reasons and requesting supplementation and completion of the application and submission of copies or electronic copies of the prescribed legal documents.

Where the application is complete, within at most 4 working days from receipt of the complete application, the Vietnam Maritime and Inland Waterways Administration shall appraise and send a written request to the Ministry of Construction to announce the opening of the dry port as prescribed.

4. Within 2 working days from the date of receipt of the document from the Vietnam Maritime and Inland Waterways Administration, the Ministry of Construction shall issue a decision on announcing the opening of the dry port according to Form No. 02 in the Appendix issued together with this Decree and send it to the investor by post or online via the National Public Service Portal; where approval is not granted, a written reply stating the reasons must be provided to the investor. The decision on announcing the opening of the dry port shall be issued in both paper and electronic form and shall have equal legal validity.

1. Temporary suspension of dry port operations shall be carried out for maintenance or repair of the dry port or to fulfill other requirements as prescribed by law.

2. Closure of a dry port shall be carried out in the following cases:

a) For reasons of ensuring national defense and security;

b) The operation of the dry port poses a risk of causing safety incidents or structural failures affecting the safety of users, adjacent works, the environment and the community;

c) The dry port investment project is terminated by a decision of the investment registration authority, or the investor or dry port operator no longer wishes to continue operating the dry port.

3. Suspension of operations and closure of dry ports shall be carried out as follows:

a) The investor or dry port operator shall decide on suspension of dry port operations in the case prescribed in clause 1 of this Article, and on closure of the dry port in the case prescribed in point c clause 2 of this Article.

Before suspending or closing the dry port in accordance with point a of this clause, the investor or dry port operator shall send a written notice - directly, by post or online via the National Public Service Portal - to the People's Committee of the province or centrally-affiliated city (hereinafter referred to as the province-level People's Committee) where the dry port is located, the Ministry of Finance and the Vietnam Maritime and Inland Waterways Administration for their information, synthesis, monitoring and management;

b) The Minister of Construction shall decide on closure of the dry port in the cases prescribed in points a and b of clause 2 of this Article;

c) In the case of closure of a dry port as prescribed in point a clause 2 of this Article, the Ministry of National Defense or the Ministry of Public Security shall send a written request for closure of the dry port (including: dry port name; dry port location; reasons for closure; start and end dates of closure) directly, by post or through the electronic document management system to the Ministry of Construction. Within 2 working days from the date of receipt of the written request from the Ministry of National Defense or the Ministry of Public Security, the Ministry of Construction shall issue a decision on announcing the closure of the dry port according to Form No. 02 in the Appendix issued together with this Decree;

d) In the case of closure of a dry port as prescribed in point b clause 2 of this Article, the Vietnam Maritime and Inland Waterways Administration shall send a written request for closure of the dry port (including: dry port name; dry port location; reasons for closure; start and end dates of closure), together with minutes of inspection of dry port infrastructure, directly, by post or through the electronic document management system to the Ministry of Construction. Within 2 working days from the date of receipt of the written request from the Vietnam Maritime and Inland Waterways Administration, the Ministry of Construction shall issue a decision on announcing the closure of the dry port according to Form No. 02 in the Appendix issued together with this Decree.

4. Dry ports suspended under clause 1 of this Article and dry ports closed under points a and b of clause 2 of this Article shall resume operations as follows:

a) A dry port suspended under clause 1 of this Article shall resume operations upon completion of maintenance or repair, or upon fulfillment of other requirements as prescribed by law. Before resumption of operations, the investor or dry port operator shall send a written notice (including the following main items: dry port name; dry port location; date of resumption of operations) directly, by post or online via the National Public Service Portal to the province-level People's Committee where the dry port is located, the Ministry of Finance and the Vietnam Maritime and Inland Waterways Administration for their information, synthesis, monitoring and management;

b) A dry port closed under point a clause 2 of this Article shall resume operations upon expiry of the closure period stated in the decision on announcing the closure of the dry port issued by the competent authority;

c) A dry port closed under point b clause 2 of this Article shall resume operations once the incident has been remedied or the risks of safety loss and structural failures affecting the safety of users, adjacent works, the environment and the community have been eliminated. Before resumption of operations, the investor or dry port operator shall send a written notice (with supporting documents proving that the incident has been remedied or the risks eliminated) directly, by post or online via the National Public Service Portal to the Ministry of Construction, the province-level People's Committee where the dry port is located, the Ministry of Finance and the Vietnam Maritime and Inland Waterways Administration for their information, synthesis, monitoring and management.

1. A dry port shall be named or renamed in the decision on the commissioning of the dry port, based on the request of the investor, the dry port operator or their authorized representative.

2. The name of a dry port must be in Vietnamese and may be accompanied by an English name; it must begin with the phrase "Cảng cạn" (Dry Port) followed by a proper name based on the geographical location of the dry port or the name of the works.

3. Dry ports shall not be named or renamed in the following cases:

a) The name is identical to or likely to cause confusion with the name of an enterprise or a previously announced dry port, or does not accurately reflect the name or functions of the dry port;

b) The name uses the name of a regulatory agency, armed forces unit, political organization, political - social organization or enterprise as all or part of the proper name of the dry port, unless the consent of such agency, unit or organization has been obtained;

c) The name uses words or symbols that violate historical traditions, culture, ethics and social customs of the nation.

Dry port operators shall carry out renaming of dry ports on their own in compliance with the principles for naming and renaming dry ports prescribed in Article 15 of this Decree. After renaming the dry port, the enterprise shall be responsible for sending a written notice to the Vietnam Maritime and Inland Waterways Administration, the Department of Customs and the province-level People's Committee where the dry port is located for updating, monitoring and management purposes.

1. The dry port investor shall decide on the form and plan for operating the dry port infrastructure.

2. The management, operation and use of dry port infrastructure invested in and managed by the State shall comply with the law on management and use of public assets.

1. Transport connectivity between the dry port and external areas must be safe, convenient and synchronized, in conformity with the relevant sectoral plans and planning in accordance with the law.

2. Traffic within the dry port area must ensure safety and convenience for the movement of persons, means of transport and goods entering and leaving the dry port.

3. The area of main works comprising dry port infrastructure must be equipped with adequate signage and notices as prescribed.

1. The dry port investor or the organization or individual managing and operating the dry port shall, based on relevant legal provisions, the provisions of this Decree and the specific conditions of the dry port, issue "Dry Port Internal Regulations" with the aim of ensuring overall operational efficiency, safety, security, fire and explosion prevention and fighting; combating smuggling, commercial fraud, tax evasion and protecting the environment in dry port operations.

2. The "Dry Port Internal Regulations" shall include the following main items:

a) General provisions;

b) Responsibilities of organizations and individuals operating at the dry port;

c) Operations of cargo handling and transport vehicles at the dry port;

d) Ensuring security and order, occupational safety, vehicle load control, traffic safety, fire and explosion prevention and fighting, and environmental protection at the dry port;

dd) Implementation and handling of violations.

3. Organizations and individuals engaged in business or service activities at the dry port shall be responsible for complying with the "Dry Port Internal Regulations" and relevant provisions of law.

1. The dry port operator and organizations and individuals operating at the dry port shall be responsible for fully complying with the legal regulations on ensuring security, order, safety, fire and explosion prevention and fighting, and environmental pollution prevention.

2. During operations, upon detecting signs of violations of regulations on security, order, occupational safety, environmental sanitation and fire and explosion prevention and fighting, the relevant organizations and individuals shall be responsible for notifying the relevant regulatory authority and the dry port manager and operator, and handling such violations as prescribed.

1. Specialized state regulatory authorities at the dry port shall be responsible for closely coordinating when performing their duties in order to facilitate the activities of organizations and individuals operating the dry port, vehicle owners, cargo owners and other relevant organizations and individuals, and to ensure safe and efficient dry port operations.

2. Issues arising in relation to the functions and duties of other specialized state regulatory authorities must be discussed and agreed upon in order to be resolved in a timely manner.

3. In the course of performing their duties, specialized state regulatory authorities shall be responsible for coordinating with other relevant authorities and organizations in the area to implement the legal regulations applicable to dry port operations.

1. Specialized state regulatory authorities at the dry port, including: Customs, Medical Quarantine, Animal Quarantine, Plant Quarantine and other relevant functional authorities, shall be responsible for:

a) Exercising their powers and fulfilling their responsibilities in accordance with the law;

b) Depending on actual needs, stationing permanent or non-permanent personnel within the dry port area to ensure that import, export, transit, medical quarantine and other procedures for goods passing through the dry port area are carried out promptly, in a timely manner and in accordance with regulations.

2. The Ministry of Construction shall be responsible for:

a) Taking charge and assisting the Government in organizing state management of dry ports, coordinating inter-sectoral activities and guiding the implementation of regulations on dry port management and operation;

b) Directing the organization of management, inspection and supervision of investment in construction and operation of dry ports in conformity with the approved dry port system development plan; organizing the supervision of compliance by organizations, individuals and enterprises with the provisions of this Decree; consolidating statistical reports on dry ports.

3. The Ministry of Finance shall be responsible for performing state management of customs, prices, fees and charges at dry ports in accordance with the law; reviewing and improving the operational management mechanism and provisions related to customs operations at dry ports to ensure conformity with practical conditions and facilitate transport operations and import and export of goods by enterprises.

4. Relevant ministries, sectors and province-level People's Committees shall, based on their functions, duties and powers, direct their affiliated authorities and organizations to implement this Decree; take charge of directing and guiding the affiliated specialized state regulatory authorities to effectively coordinate state management activities at dry ports; carry out inspection, examination and handling of violations in accordance with the law; and apply information technology in management activities to ensure favorable and efficient conditions for investment in construction, management and operation of dry ports.

1. Responsibilities of investors and dry port operators

a) Managing and administering the operations of the dry port in accordance with the provisions of this Decree and other relevant provisions of law;

b) Enabling organizations, individuals and specialized state regulatory authorities to perform their duties at the dry port;

c) Cooperating with authorities, organizations and individuals in preventing smuggling, commercial fraud, tax evasion and other unlawful acts at the dry port; declaring and posting service prices at the dry port as prescribed; complying with regulations on digital data connection through the national database system and the national single window mechanism;

d) Periodically before December 20 each year, reporting to the Ministry of Construction (through the Vietnam Maritime and Inland Waterways Administration) and the province-level People's Committee on the operational status of the dry port area according to Form No. 03 in the Appendix issued together with this Decree, or submitting ad-hoc reports at the request of the Ministry of Construction or the province-level People's Committee;

dd) Upon occurrence of natural disasters, fires, accidents or abnormal incidents, the dry port operator must apply all possible measures, including organizing the mobilization of resources and coordinating with relevant authorities to organize rescue of persons, goods and means of transport, and to eliminate and remedy the incident; while also carrying out the necessary legal procedures and measures as prescribed by law.

2. Powers of investors and dry port operators

a) Entering into contracts with organizations and individuals for the operation and use of dry port infrastructure in accordance with the law;

b) Terminating concluded contracts, suspending or recommending the suspension of activities of relevant organizations and individuals within the dry port area as prescribed, to timely prevent risks of safety loss, security breaches, environmental pollution or public health hazards in accordance with the law;

c) Recommending to the competent authority to resolve issues and problems arising in the course of management and operation of the dry port area.

1. This Decree shall come into force from May 15, 2026.

2. Decree No. 38/2017/ND-CP dated April 4, 2017 of the Government on investment in construction, management and operation of dry ports shall cease to be effective from the date this Decree comes into force.

3. The following provisions are hereby annulled:

a) Article 2 of Decree No. 74/2023/ND-CP dated October 11, 2023 of the Government on amendments to a number of articles of the Decrees on delegation of authority to settle administrative procedures in the maritime field;

b) Article 40 and Form No. 15 in section 2 of Appendix VI issued together with Decree No. 144/2025/ND-CP dated June 12, 2025 of the Government on devolution and delegation in the state management domain of the Ministry of Construction.

Customs clearance points for exported and imported goods for which the competent authority has received an application for conversion into a dry port but has not yet issued a written approval of the policy by the date this Decree comes into force shall not be required to carry out the procedures for approval of the policy for conversion of a customs clearance point into a dry port. The announcement of opening of the dry port shall be carried out in accordance with the provisions of this Decree.

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People's Committees of provinces and centrally-affiliated cities, and relevant organizations and individuals shall implement this Decree.