Question: My company currently has a dredging construction contract in the Tien River area, we are concerned that the project is affected by the recent portfolio adjustment decision of the Ministry of Construction, thus we highly expect detailed advice from an expert on the new points, the potential legal risks, and the most appropriate handling direction at present.
 Answer: Below is the detailed advice regarding the new regulation on the adjustment of the dredging project portfolio pursuant to Decision 694/QD-BXD (effective from May 12, 2026):
1. Main contents – Adjustment of the dredging project portfolio: The Decision proceeds to readjust the portfolio of dredging projects in seaport waters and inland waterways combined with product recovery under the management scope of the Ministry of Construction. Specifically, removing 02 dredging projects on the Tien River channel in Dong Thap Province (including the section from km 231+700 to 232+600 and the Thuong Phuoc international border gate anchorage area with a diameter of 600m) from the investment portfolio. (Legal Basis: Appendix of Decision 1546/QD-BGTVT amended and supplemented by Article 1 of Decision 694/QD-BXD) – Legal basis for removing the projects from the portfolio: The projects in Dong Thap Province are removed from the portfolio in compliance with the specialized regulations of the Government on the management of dredging activities. (Legal Basis: Clause 4 Article 26 of Decree 57/2024/ND-CP) – Responsibility to review and handle the constructed volume: For the projects removed from the portfolio, the People’s Committee of Dong Thap Province, in the capacity of the competent authority, shall directly direct the review of all works previously executed by the contractors or enterprises in order to provide an appropriate handling plan. (Legal Basis: Clause 1 Article 2 of Decision 694/QD-BXD)
2. Greatest impacts This Decision has a direct and immediate impact on seaport exploitation, logistics, and waterway transport enterprises, and especially dredging material exploitation units having projects located on the Tien River route under the management authority of the Ministry of Construction. The removal of the two projects from the portfolio means that the construction contracts, as well as the product recovery plans (sand, mud) at these coordinates, no longer have a legal basis to continue implementation, forcing enterprises to immediately suspend construction, facing the adjustment of product recovery plans and the resolution of outstanding financial damages with the local authorities.
3. Risks of non-compliance – The risk of being forced to immediately suspend construction activities and being handled for violations of the law on environment and natural resources if intentionally continuing to implement the projects incorrectly according to the portfolio or wrongly within the adjusted water area scope. – Delays in the process of applying for approval to handle consequences or prolongation of the safe construction season if failing to promptly update the changes regarding the competent authority. – Facing the risk of not being recognized, accepted, or financially settled by state agencies for the construction and exploitation costs arising after the effective time of the official document.
4. Proposed action plans – Site Steering Committee: Immediately suspend all dredging construction activities within the scope of the Tien River channel (from km 231+700 to 232+600) and the Thuong Phuoc border gate area to finalize the current status and protect machinery and equipment. – Legal and Project Department: Cross-check the entire dredging construction contract, product recovery plan, and current maritime and waterway obligations against the newly issued appendix to prepare documents for liquidation and handling of the executed work volume.
5. Notes and recommendations for the client – The client needs to urgently gather all evidentiary documents and construction logs to work directly with the People’s Committee of Dong Thap Province in order to satisfactorily resolve the costs for the legally executed portions of work prior to the date the projects were removed from the portfolio. (Legal Basis: Clause 1 Article 2 of Decision 694/QD-BXD) – During the process of handling the consequences of project liquidation, if complex maritime technical issues or procedures arise that exceed the competence of the provincial-level agency, the enterprise needs to proactively prepare a written request for support and guidance from the central specialized management agency. (Legal Basis: Clause 2 Article 2 of Decision 694/QD-BXD) |
Tháng Bảy 2, 2026
Question: “I am a representative of a large power-consuming manufacturing enterprise in an industrial park. I heard that the Ministry of Industry and Trade has
