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THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom - Happiness
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No. 173/2007/ND-CP
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Hanoi, November
28, 2007
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DECREE
ON THE ORGANIZATION AND OPERATION OF MARITIME PILOTAGE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14. 2005 Vietnam Maritime Code;
Pursuant to the November 29, 2005 Enterprise Law:
At the proposal of the Minister of Transport.
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.
Scope of regulation and subjects of application
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2. This Decree applies to maritime pilotage
organizations (referred to as pilotage
companies), persons performing maritime pilotage tasks (referred
to as pilots) and agencies, organizations and individuals related to the
organization and operation of maritime pilotage in Vietnam.
Article 2.
Interpretation of terms
1. Areas where maritime pilotage
is compulsory (referred to as compulsory pilotage areas) are
areas within seaports water areas or offshore oilfields stretching from the
areas where pilots board or leave vessels to wharves, harbors, anchoring areas,
transshipment areas, storm shelters, shipbuilding and repairing plants,
offshore petroleum depots and vice versa where vessels must be steered by
pilots in accordance with the Vietnam Maritime Code. A compulsory pilotage
area has one or several vessel-steering channels.
2. Areas where maritime pilotage
is not compulsory (referred to as non-compulsory pilotage areas) are
water areas outside compulsory pilotage areas defined in Clause I of this
Article.
3. Areas where pilots board or
leave vessels are areas within the compulsory pilotage areas where vessels
anchor to receive or return pilots.
4. Vessel-steering channels are
navigable channels of vessels steered by pilots from pilot-receiving areas to
wharves, harbors, anchoring areas, transshipment areas, storm shelters,
shipbuilding and repairing plants of a seaport or offshore oil depot within a
compulsory pilotage
area.
Chapter 2
ORGANIZATION AND
OPERATION OF MARITIME PILOTAGE
Article 3.
Principles on organization and operation of maritime pilotage
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2. A pilotage company may
operate within a compulsory pilotage
area only.
3. One or several pilotage
companies may operate within a compulsory pilotage area, depending
on the number of vessel-steering channels of this compulsory pilotage
area.
4. Maritime pilotage services in a
vessel-steering channel may be provided by only one pilotage company.
5. The State shall perform the
uniform management of maritime pilotage organizations and operation in
order to ensure maritime navigation safety and security and prevention of
environmental pollution.
Article 4.
Conditions for organization and operation of pilotage companies
1. Pilotage companies are
enterprises with 100% state capital.
2. Pilotage companies must
have pilots of all ranks and vessels for transporting pilots in accordance with
regulations of the director of the Vietnam Maritime Administration.
3. Pilotage companies shall
be assigned plans on, or ordered for, the provision of vessel-steering services
in compulsory pilotage
areas or specific vessel-steering channels.
Article 5.
Establishment and business registration of pilotage companies
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Article 6.
Procedures for allocation of pilotage
areas or vessel-steering channels
1. A dossier of application for
allocation of a pilotage
area or vessel-steering channel comprises:
a/ A written request;
b/ A copy of the business
registration certificate of the company;
c/ A list of pilots, enclosed with
copies of the maritime pilotage
competence certificate and the maritime pilotage area
certificate of each pilot;
d/ A list of pilot-transporting
vessels, enclosed with copies of registration certificates of these vessels.
2. Order of allocation of pilotage
areas or vessel- steering channels:
a/ The pilotage company shall
send to the Vietnam Maritime Administration a dossier defined in Clause I of
this Article:
b/ The director of the Vietnam
Maritime Administration shall decide on the allocation of a pilotage area or
vessel-steering channel to the company within 15 working days after receiving a
valid and complete dossier; in case of refusal, he/she shall issue a written
reply clearly stating the reasons.
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1. To provide and satisfy the
demands for maritime pilotage
services in the allocated compulsory pilotage areas or vessel-steering channels,
ensuring service quality, maritime navigation safety and, security and
prevention of environmental pollution in accordance with law.
2. To formulate plans on the
provision of pilotage
services for submission to competent agencies for the latter to consider and
assign plans on or place orders for services and organize the implementation of
these plans.
3. To make daily plans on
arrangement of pilots to steer vessels and notify these plans to port
authorities lor
uniform implementation; in case of changes, to promptly notify these changes
and clearly state the reasons. Directors of pilotage companies must
satisfy shipowners
or their representatives request for a specific pilot; if not, they must
clearly state the reasons and arrange another pilot for substitution.
4. To coordinate with maritime
navigation safety assurance organizations, port enterprises, shipowners
agents and concerned agencies and organizations in the areas in organizing the
provision of maritime pilotage
services in a safe and efficient manner.
5. To manage operations of pilots,
ensuring timely satisfaction of requirements for the provision of maritime pilotage
services and the diligence of pilots while performing their tasks.
6. To exercise other rights and perform
other obligations and responsibilities of pilotage companies as
prescribed by law.
Article 8.
Legal status of pilots
1. The maritime pilot shall advise
the shipmaster on navigating the vessel in accordance with navigational
conditions in the areas where the maritime pilot steers the vessel. The
employment of maritime pilots shall not relieve the shipmaster of the
responsibility to command the vessel.
2. While steering the vessel, the
maritime pilot is under the command of the shipmaster of the steered vessel.
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Article 9.
Responsibilities of pilots
1. To exercise rights and perform
obligations in accordance with Articles 172, 173 and 175 and relevant
provisions of the Vietnam Maritime Code.
2. To strictly observe the
assignment by directors of pilotage
companies at the request of the shipmaster. In case of refusing to steer a
vessel for a plausible reason, to report the reason to the director of the pilotage
company and the director of the port authority for timely settlement.
3. To wear uniforms prescribed by
the director of the Vietnam Maritime Administration.
4. To be prohibited from causing
difficulties, harassing or committing other negative acts towards enterprises
or vessels requiring pilots.
Article 10.
Cases of exemption from employment of pilots and permission for self-steering
of vessels in compulsory pilotage
areas
1. Foreign vessels of a total
tonnage of under 100 GT, Vietnamese vessels carrying passengers, oils or
liquefied gas of a total tonnage of under 1,000 GT and other Vietnamese vessels
of a total tonnage of under 2,000 GT are exempt from employment of maritime
pilots.
2. Shipmasters of vessels who are
Vietnamese citizens and possess a maritime pilotage competence
certificate and a maritime pilotage
area certificate in conformity with the type of their vessels and maritime pilotage
areas where their vessels are operating may steer their vessels by themselves,
but shall notify such in advance to the concerned port authority.
3. To encourage enterprises to
train pilots to steer vessels in accordance with regulations.
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1. Pilotage fees constitute
a state budget revenue. Port authorities shall collect and remit pilotage
fees into the state budget.
2. The Ministry of Transport shall
specify norms of public pilotage
services.
3. The Ministry of Finance shall
specify unit prices for pilotage
services at the proposal of the Ministry of Transport; and coordinate with the
Ministry of Transport in specifying financial mechanisms for pilotage
services.
Article 12.
Responsibilities for management of maritime pilotage activities
1. The Ministry of Transport shall
perform the uniform state management of maritime pilotage activities in
Vietnam through the Vietnam Maritime Administration.
2. The director of the Vietnam
Maritime Administration shall:
a/ Announce vessel-steering
channels in compulsory pilotage
areas;
b/ Provide for the minimum number
of pilots of all ranks and pilot-transporting vessels on each vessel-steering
channel;
c/ Decide on the allocation of pilotage
areas or vessel-steering channels to pilotage companies.
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Chapter 3
IMPLEMENTATION
PROVISIONS
Article 13.
Reorganization of the existing maritime pilotage under the
Vietnam Maritime Administration
The Minister of Transport shall
decide on the merger and consolidation of existing maritime pilotage organizations
under the Vietnam Maritime Administration into independent pilotage companies.
Article 14.
Implementation effect
This Decree takes effect 15 days
after its publication in CONG BAO. Previous regulations contrary to this Decree
are annulled.
Article 15.
Implementation responsibilities
1. The Ministry of Transport shall
guide and organize the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal Peoples Committees, the director of the Vietnam
Maritime Administration, and concerned agencies, organizations and individuals
shall implement this Decree.
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ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung