Decree No. 106/2026/ND-CP on Investment, Construction, Management and Operation of Inland Container Depots (Dry Ports)
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Based on:106/2026/ND-CP - Government Official Gazette
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On March 31, 2026, the Government issued Decree No. 106/2026/ND-CP on the investment, construction, management, and operation of inland container depots (ICDs, known in Vietnamese as "cang can"). The Decree takes effect on May 15, 2026 and replaces Decree No. 38/2017/ND-CP. It applies to all Vietnamese and foreign organizations and individuals involved in investing in, building, managing, or operating ICDs, which function as transport hubs linked to seaports, airports, inland waterways, railways, and road border gates, and which also serve as customs clearance points for imported and exported goods. The Decree sets out the criteria for qualifying as an ICD (a minimum area of 5 hectares for newly established depots), the mandatory infrastructure components, the list of permitted services at ICDs (loading and unloading, warehousing, customs brokerage, quarantine, packaging, processing, and similar value-added services), and detailed procedures and timelines for announcing the opening of an ICD, suspending operations, or closing an ICD. It also clarifies the coordination responsibilities among the Ministry of Construction, the Ministry of Finance, the Vietnam Maritime and Inland Waterway Administration, customs and quarantine authorities, and provincial People's Committees in overseeing ICD activities. For businesses, particularly logistics infrastructure investors, ICD operating companies, and import-export businesses that use ICD services, the Decree introduces specific compliance obligations: submitting ICD opening dossiers through the National Public Service Portal, publicly posting service prices, connecting data to the National Single Window mechanism, and filing an annual operational report with the Ministry of Construction (via the Vietnam Maritime and Inland Waterway Administration) by December 20 each year. Companies currently investing in or operating ICDs, as well as logistics and import-export businesses relying on ICDs for customs clearance, should review their internal procedures to align with the new documentation requirements and deadlines before the Decree takes effect.
Scope and Applicability
Decree No. 106/2026/ND-CP sets out detailed rules on the investment, construction, management, and operation of inland container depots (ICDs), applying to all relevant Vietnamese and foreign organizations and individuals. An ICD is defined as a component of transport infrastructure that serves as a transport hub connected to seaports, airports, inland waterway ports, railway stations, and road border gates, and that also functions as a customs clearance point for imported and exported goods.
ICD Criteria and Infrastructure
The criteria for qualifying as an ICD follow the Vietnam Maritime Code, with an added requirement of a minimum area of 5 hectares for newly established depots. Mandatory infrastructure includes: warehousing and storage systems; security facilities (gates, fencing, screening equipment, waste collection and treatment facilities); parking areas and loading/unloading equipment; internal roads connecting to external transport networks; and office areas for related agencies such as customs and quarantine. The Ministry of Construction is responsible for issuing the national technical regulation on ICDs.
Services provided at ICDs fall into two groups: transport support services (container and cargo handling, warehousing, freight forwarding, customs brokerage, cargo tallying, container repair and cleaning, disinfection and quarantine) and value-added services (packaging, sorting, labeling, processing, assembly, and inspection).
Procedure for Announcing the Opening of an ICD
The investor submits a dossier (in person, by post, or online via the National Public Service Portal) to the Vietnam Maritime and Inland Waterway Administration, comprising: a declaration form, the approved investment project decision, land-use right documents, the construction completion acceptance record, and the approved environmental impact assessment decision. The Administration must appraise a complete, valid dossier within 4 working days and then propose that the Ministry of Construction issue the ICD opening decision within a further 2 working days.
Suspension and Closure of an ICD
Operations may be suspended for maintenance or repair. An ICD may be closed for: (i) national defense or security reasons; (ii) safety risks or incidents affecting users, nearby facilities, or the environment; or (iii) termination of the investment project or the operator no longer wishing to continue operations. The Minister of Construction decides closures for the first two grounds, while the investor or operator itself decides closure for the third ground, subject to a notification requirement to the provincial People's Committee, the Ministry of Finance, and the Vietnam Maritime and Inland Waterway Administration.
Naming and Operational Management
An ICD's name must be in Vietnamese (an English name may be added), must begin with the term "Cang can" (dry port), and must not duplicate or cause confusion with an existing name or violate cultural and historical norms. The investor decides the form and plan for operating the ICD's infrastructure; for state-invested infrastructure, management and operation follow the law on public asset management.
Responsibilities of Authorities and Businesses
Specialized agencies present at ICDs (customs, medical quarantine, animal quarantine, plant quarantine) are responsible for staffing and coordinating procedures. The Ministry of Construction leads state management and interagency coordination, while the Ministry of Finance manages customs, pricing, and fees at ICDs. ICD operators must issue internal ICD regulations, publicly declare and post service prices, connect their data to the National Single Window mechanism, cooperate in preventing smuggling and trade fraud, and submit an annual operational report to the Ministry of Construction and the provincial People's Committee by December 20 each year.
Effective Date and Transitional Provisions
The Decree takes effect on May 15, 2026, replacing Decree No. 38/2017/ND-CP and repealing certain related provisions of Decree No. 74/2023/ND-CP and Decree No. 144/2025/ND-CP. For customs clearance points where a dossier to convert to ICD status has already been submitted but not yet approved in principle before the Decree's effective date, no repeat approval-in-principle procedure is required; the ICD opening announcement will follow the new procedure.