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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
07/2018/TT-BGTVT
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Hanoi, February
07, 2018
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CIRCULAR
PROVIDING
FOR SHIP INSPECTION
Pursuant to the Maritime Code of Vietnam dated
November 25, 2015;
Pursuant to the Government’s Decree No.
12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and
organizational structure of Ministry of Transport;
At the request of the Director of Legal
Department and the Director of Vietnam Maritime Administration;
Minister of Transport promulgates a Circular to
provide for the ship inspection.
Chapter I
GENERAL PROVISIONS
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This Circular provides for the inspection of
compliance with regulations on maritime safety, security and labour, and
prevention of marine environmental pollution by foreign ships operating in port
waters of Vietnam.
Article 2. Regulated entities
1. This Circular applies to organizations and
individuals involved in the inspection of foreign ships operating in the port
waters of Vietnam.
2. The inspection of Vietnamese ships shall not be
governed by regulations of this Circular.
Article 3. Interpretation of
terms
For the purpose of this Circular, the terms below
are construed as follows:
1. “ship” refers to a foreign flagged ship.
2. “deficiency” refers to a situation where the
ship’s technical or operational condition, its certificate or relevant
documentation, its manning level or arrangement of crewmembers has been
inspected and found not to be in compliance with international conventions on
maritime safety, security and labour, and prevention of marine environmental
pollution to which Vietnam is a signatory.
3. “clear grounds” refers to evidence that:
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b) The ship or its crew member lacks the
Certificate or holds an invalid Certificate as required by international
conventions to which Vietnam is a signatory; or
c) Documentation required by international
conventions to which Vietnam is a signatory is not on board the ship; or
d) The serious hull or structural deterioration or
deficiencies exist that may place at risk the watertight or weathertight
integrity, or the stability of the ship; or
dd) Serious deficiencies exist in the ship’s
equipment that may affect the safety or security of the ship or its crew
members, or the pollution prevention; or
e) The crew is not familiar with essential
shipboard operations relating to the maritime safety, security and labour, or
the pollution prevention, or such operations have not been carried out; or
g) The crew members are unable to communicate
appropriately with each other according to the requirements of international
conventions to which Vietnam is a signatory; or
h) The master or crew issues false distress alerts
which are not followed by proper cancellation procedures; or
i) The competent authority receives a report that
the ships does not comply with regulations on maritime safety and security,
working conditions or prevention of marine environmental pollution; or
k) The ship does not take special measures to
enhance maritime security.
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5. “detention” means an intervention action taken
by the PSCO when the ship is found to have serious deficiencies as specified in
the Annex 02 enclosed herewith so as to request the master to take appropriate
remedial measures before departure.
6. “initial inspection” means the PSCO’s visit on board
a ship to check both the overall condition of the ship, its equipment and its
crew, and the validity of the relevant certificates and other documents.
7. “more detailed inspection” means an inspection
conducted by the PSCO when there are clear grounds as defined in Clause 3 of
this Article.
8. “re-inspection” means an inspection conducted
after all deficiencies determined by the PSCO at the previous inspection have
been rectified so as to confirm such rectification.
9. “subsequent inspection” means an inspection
conducted by the PSCO to confirm the rectification of deficiencies determined
by the foreign PSCO at the previous inspection.
10. “suspension of inspection” means the PSCO’s act
of suspending an inspection in exceptional circumstances where, as a result of
a more detailed inspection, the overall condition of a ship and its equipment,
also taking into account the crew conditions, are found to have a lot of
serious deficiencies as specified in the Annex 02 enclosed herewith.
11. “ship below convention size" means a ship
whose tonnage or technical values are smaller than those of a standard ship as
defined in the convention.
12. “substandard ship” means a ship whose hull,
machinery, equipment, operational procedure or crew is substantially below the
standards required by the relevant convention, owing to, inter alia:
a) The absence of principal equipment as required
by the conventions;
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c) Substantial deterioration of the ship or its
equipment because of poor maintenance;
d) Unfamiliarity of essential operational
procedures by the crew; and
dd) Insufficiency of manning or insufficiency of
certification of seafarers.
13. "recognized organization” refers to an
organization which meets the relevant conditions set forth by the Resolution
A.739(18), as amended by the Resolution MSC.208(81), and has been authorized by
the flag State Authority to provide the necessary assessment services and
certification to ships entitled to fly its flag.
14. “valid certificate” means a certificate that
has been issued directly by a Party to a relevant convention or on its behalf
by a recognized organization and contains effective date meeting the provisions
of the relevant convention and to which the particulars of the ship, its crew
and its equipment correspond.
15. “Tokyo MOU” means a
co-operative organization on port State control in the Asia-Pacific
region.
16. “Asia-Pacific computerized information system”
(hereinafter referred to as “APCIS”) is the information system for Tokyo MOU
and aimed to collect inspection data and provide statistics and exchange of
information concerning ship inspections.
Article 4. Principles for ship
inspection
1. Inspections of ships shall be conducted by at
least two PSCOs under the assignment of the Director of the maritime
Administration. The Director of the maritime Administration may designate other
persons with professional competency to assist PSCOs.
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3. When carrying out inspection, the PSCO should
make all possible efforts to avoid a ship being unduly detained or delayed. The
main purpose of an inspection is to prevent a ship proceeding to the sea if it
is unsafe or presents an unreasonable threat of harm to the marine environment.
The PSCO should exercise professional judgment to determine whether to detain a
ship until the deficiencies are corrected or to allow it to sail with certain
deficiencies, having regard to the particular circumstances of the intended
voyage.
4. When carrying out inspection, the PSCO must
comply with regulations in the Annex 01 enclosed herewith.
Chapter II
INSPECTION CONTENTS AND
PROCEDURES
Article 5. Applicable
international conventions
1. Inspections of ships shall be conducted in
accordance with regulations of the international conventions to which Vietnam
is a signatory, consisting of:
a) The International Convention for the Safety of
Life at Sea, 1974, as amended (SOLAS); The Protocol of 1988 relating to the
International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS
Protocol 1988);
b) The International Convention on Load Lines, 1966
(LOAD LINES); The Protocol of 1988 relating to the International Convention on
Load Lines, 1966 (LOAD LINES Protocol 1988);
c) The International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997
relating thereto, as amended (MARPOL);
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dd) The International Convention on Tonnage
Measurement of Ships, 1969 (TONNAGE);
e) The International Convention on the Control of
Harmful Anti-Fouling Systems on Ships, 2001 (AFS);
g) The Maritime Labour Convention, 2006 (MLC); and
h) The Convention on the International Regulations
for Preventing Collisions at Sea, 1972 (COLREG).
2. In case of amendments to any of the conventions
specified in Clause 1 of this Article or where Vietnam is a new party of a
relevant convention on maritime safety, security and labour, and prevention of
marine environmental pollution, the PSCOs shall apply those amendments or
regulations of the newly signed convention.
Article 6. Criteria for
selection of ships for inspection
1. If there are clear grounds as set forth in
Clause 3 Article 3 herein, a ship shall be inspected when it enters a port.
2. In case of unavailability of clear grounds,
ships are targeted for inspections according to the time window for inspections
based on ship risk profile as regulated by the APCIS for the Tokyo MOU.
Article 7. Initial inspection
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2. The PSCO should ascertain the type of ship, year
of build and technical values of the ship for the purpose of determining which
provisions of the conventions are applicable.
3. On boarding a ship, the PSCO shall examine the
ship’s relevant certificates and documents. If the certificates are valid and
the PSCO’s general impression and visual observations on board confirm a good
standard of maintenance, the PSCO should finish the inspection and make a
report of inspection using Form A stated in the PSC Manual.
Article 8. More detailed
inspection
In conducting an initial inspection, the PSCO
should check the overall condition of the ship, including its equipment,
navigational bridge, decks, cargo holds/areas, engine-room and pilot transfer
arrangements, and its essential shipboard procedures. Based on specific
conditions, the PSCO shall decide whether all or some of these items shall be
checked.
Article 9. Actions of PSCOs
Ending an inspection, when deficiencies are found,
the PSCO shall:
1. Request such deficiencies to be rectified before
departure.
2. Permit the ship to have its deficiencies been
rectified at the next port.
3. Permit deficiencies to be rectified within 14
days.
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5. Permit deficiencies to be rectified according to
a specific plan.
6. Retain the ship.
7. Other actions: specify the action.
8. Confirm rectified deficiencies.
Article 10. Record of
inspection
1. Upon the completion of an inspection, the PSCO
shall make a report of inspection using Form A and Form B stated in the PSC
Manual for Tokyo MOU (Form B is made only when deficiencies are found). In case
of suspension of inspection, all deficiencies determined in the initial
inspection and those determined in the re-inspection (if any) shall be recorded
in Form B.
2. The master of the ship is provided with a report
of inspection by the PSCO.
3. If serious deficiencies which caused a detention
of ship as referred to in Annex 02 enclosed herewith are found, the PSCO should
specify provisions of the conventions in the report of inspection.
4. The PSCOs shall apply forms of notices, codes for
deficiencies, codes for registries or recognized organizations, codes for the
ports, codes for flag, codes for types of ships and codes for actions taken as
prescribed in the PSC Manual for Tokyo MOU to make reports of inspection,
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1. In case of detention or suspension of
inspection, the PSCO shall immediately send a written notification thereof to
the Government of the flag State and related parties. When all serious
deficiencies have been rectified and the ship substantially correspond to the
requirements of the conventions, the PSCO shall carry out a re-inspection and
notify the Government of the flag state and related parties in writing of the
release of ship from detention.
2. Serious deficiencies which cause a detention of
ship are specified in Annex 02 enclosed herewith.
3. Notification of suspension of inspection shall
be made using the form stated in the PSC Manual for the Tokyo MOU.
Article 12. Rectification of
deficiencies and release
1. In the case of deficiencies which are defined in
Annex 02 enclosed herewith and are clearly hazardous to the maritime safety,
maritime security, working conditions or the environment, the PSCO must ensure
that such deficiencies are rectified before the ship is allowed to proceed to
sea.
2. Where deficiencies which caused a detention
cannot be remedied in the port of inspection, the Director of the maritime
Administration may allow the ship concerned to proceed to the nearest
appropriate repair yard available, as chosen by the master and agreed to by
that authority. Concurrently, the conditions to ensure the safety of ship when
proceeding to that nearest repair year as agreed between the Government of the
flag State and the maritime Administration are complied with. In such
circumstances, the maritime Administration should notify the authority of the
ship’s next port of call and related parties.
Article 13. Re-inspection
1. After deficiencies are fully rectified, the
master of the ship shall notify the PSCO to carry out a re-inspection. Where
deficiencies are fully rectified and the ship substantially correspond to the
provisions of the conventions, the PSCO shall confine rectified deficiencies to
the report of inspection.
2. After deficiencies are fully rectified but the
ship does not correspond to the conventions, the PSCO shall request further
remedial measures.
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Article 14. Subsequent
inspection
1. Where the APCIS shows that the ship entering the
port of Vietnam has deficiencies not yet rectified, the PSCO shall board the
ship to check such deficiencies.
2. The PSCO is entitled to decide whether to check
the deficiencies not yet rectified only or to inspect other contents concerning
maritime safety, maritime security, working conditions and pollution
prevention.
Article 15. Resolution of
complaints
1. The master, shipowner, registry or relevant
organization or individual shall have the right of appeal against a detention
taken by the Maritime Administration. The PSCOs must properly inform the master
of the right of appeal when making the report of inspection. The appeal shall
not cause the detention to be suspended.
2. After finishing the inspection, the master,
shipowner, registry or relevant organization or individual that disagrees with
the outcome provided by the PSCO shall have the right of appeal against that
PSCO’s outcome. Appeal procedures:
a) The master, shipowner, registry or relevant
organization or individual shall file an appeal directly to the PSCO,
specifying disagreed contents and provisions of the conventions concerning
their disagreements. The PSCO shall receive appeal and report to the Director
of the Maritime Administration before responding to the sender of appeal. A
response must be given within 15 days from the receipt of appeal.
b) After the master, shipowner, registry or
relevant organization or individual is not satisfied by the written response
given by the PSCO, such appeal may be sent to the Vietnam Maritime
Administration. The Vietnam Maritime Administration shall consider and respond
to the appeal within 60 days from the date of receipt.
c) The master, shipowner, registry or relevant
organization or individual is entitled to file the appeal to the Secretariat of
Tokyo MOU if they are still not satisfied by the written response given by the
Vietnam Maritime Administration. The decision issued by the Secretariat of
Tokyo MOU shall be the final judgment.
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1. Within 02 days after the inspection, the PSCO
shall update the inspection report to the APCIS. The Vietnam Maritime
Administration or the Maritime Administration shall consider approving the
inspection report on APCIS within 05 days according to the authorization given
by the Vietnam Maritime Administration.
2. In case of necessary modification of data on the
APCIS, the Vietnam Maritime Administration or the Maritime Administration
giving approval for the inspection report shall check and update information
exactly.
Article 17. Ships of
non-Parties
1. Ships of non-Parties shall be given no favorable
treatment.
2. As ships of non-Parties are not provided with
the Convention certificates, the PSCO shall consider determining whether the
ship and its crew substantially correspond to the safety requirements of the
Conventions.
3. In case the ship and its crew have some form of
certification other than that required by a convention, the PSCO may take the
form and content of this documentation into account in the evaluation of that
ship.
Article 18. Ships below
convention size
1. The PSCOS shall evaluate the conformity of any certificates
and other documents issued by the flag State Authority or a recognized
organization. In such cases, the PSCOs should limit the scope of inspection to
the verification of compliance with those certificates and documents.
2. To the extent a relevant instrument is not
applicable to a ship below convention size, the PSCO’s task shall be to assess
whether the ship is of an acceptable standard in regard to maritime safety,
maritime security, working conditions and marine environment. In making that assessment,
the PSCO should take due account of such factors as the length and nature of
the intended voyage, the size and type of the ship, the equipment provided and
the nature of the cargo.
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1. A member of the crew or any other organization
or individual with an interest in the safety of the ship, the life of its crew
and passengers, or the protection of marine environment shall assume
responsibility to submit information concerning a ship appearing to be
substandard to the Maritime Administration. This information should be
submitted in writing or verbally or in any other appropriate forms. If the
information is provided verbally, the Maritime Administration must keep records
of the individual or body providing the information.
2. The Maritime Administration shall receive and
handle the information about a substandard ship and have the right to refuse to
allow the ship to enter the port or initiate an inspection immediately after
the ship enters the port.
Chapter III
IMPLEMENTATION
PROVISIONS
Article 20. Entry into force
1. This Circular comes into force as from April 01,
2018.
2. The phrase “Đại diện Cảng vụ hàng hải”
(Representatives of Maritime Administrations” shall be replaced by the phrase
““hoặc Đại diện Cảng vụ hàng hải được Giám đốc Cảng vụ hàng hải ủy quyền theo
quy định của pháp luật” (or Representatives of Maritime Administrations as duly
authorized by the Directors of Maritime Administrations) at Clause 3 Article 6
of the Circular No. 30/2016/TT-BGTVT dated October 28, 2016 by the Minister of
Transport on procedures for submission and validity of sea protests.
Article 21. Implementation
Chief of the Ministry's Office, Chief Inspector of
the Ministry, Directors of Departments affiliated to the Ministry of Transport,
Director of Vietnam Maritime Administration, General Director of Vietnam
Register, heads of relevant agencies/units, and relevant individuals shall be
responsible for implementing this Circular./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Van Cong
ANNEX
01
(Enclosed
with the Circular No. 07/2018/TT-BGTVT dated February 07, 2018 by the Minister
of Transport)
REQUIREMENTS TO BE SATISFIED BY PORT STATE CONTROL
OFFICERS
When boarding a ship, the PSCOs should:
1. Not unduly disturb the privacy and rest of the
ship’s crew members.
2. Comply with any ship housekeeping rules.
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4. Respect the authority of the master or his
deputy;
5. Be polite but professional and firm as required.
6. Never become threatening, abrasive or
dictatorial or use language that may cause offence;
7. Comply with all health and safety requirements
of the ship and their administration.
8. Comply with all security requirements of the
ship and wait to be escorted around the ship by a responsible person.
9. Present their identity cards to the master or
the representative of the ship owner at the start of the inspection.
10. Explain the reason for the inspections. In the case
that an inspection is initiated based on a report or complaint, the source of
the information should not be disclosed.
11. Apply the inspection procedures according to
the requirements of the conventions and regulations of the law of Vietnam in a
consistent and professional way and interpret them pragmatically when
necessary.
12. Not try to mislead the crew by asking them to
do things that are contrary to the conventions and laws.
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14. Seek advice when they are unsure of a
requirement or of their findings (for example by consulting colleagues,
publications, the Government of the flag State or the recognized organization).
15. Where it is safe to do so accommodate the
operational needs of the port and the ship.
16. Explain clearly the deficiencies found in the
inspection and remedial measures against thereof in the inspection report.
17. Issue to the master a report of inspection before
leaving the ship.
18. Deal with any disagreement over the findings of
the inspection calmly and patiently.
19. Advise the master of the complaints procedure
in place if the disagreement cannot be resolved within a reasonable time.
20. Advise the master of the right of appeal in the
case of detention.
21. Not have any personal interest in their ports
and the ships they inspect; not be employed by or perform works of an
authorized organization.
22. Be free to make decisions based on the findings
of their inspections.
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24. Not misuse their authority for obtaining
personal benefits.
25. Update their technical knowledge regularly, guidelines
provided by the Tokyo MOU in the PSC Manual.
26. It should be recognized that all equipment is
subject to failure and spares or replacement parts may not be readily
available. In such cases, undue delay should not be caused if, in the opinion
of the PSCO, safe alternative arrangements have been made.
27. Since detention of a ship is a serious matter
involving many issues, it may be in the best interest of the PSCO to act
together with other interested parties. The PSCO should also consider cooperating
with the flag State authority’s representatives or the recognized organization
responsible for issuing the relevant certificates. Without limiting the PSCO’s
discretion in any way, the involvement of other parties could result in a safer
ship, avoid subsequent arguments relating to the circumstances of the detention
and prove advantageous in the case of litigation involving "undue
delay".
ANNEX
02
(Enclosed
with the Circular No. 07/2018/TT-BGTVT dated February 07, 2018 by the Minister
of Transport)
GUIDELINES FOR THE DETENTION OF SHIPS
Serious deficiencies which cause a detention of
ship as regulated in the conventions, comprising of:
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a) Failure of proper operation of propulsion and
other essential machinery, as well as electrical installations;
b) Insufficient cleanliness of engine-room, excess
amount of oily-water mixture in bilges, insulation of piping including exhaust
pipes in engine-room contaminated by oil, and improper operation of bilge
pumping arrangements;
c) Failure of the proper operation of emergency
generator, lighting, batteries and switches;
d) Failure of proper operation of the main and
auxiliary steering gear;
dd) Absence, insufficient capacity or serious
deterioration of personal life-saving appliances, survival craft and launching
and recovery arrangements;
e) Absence, non-compliance or substantial
deterioration of fire detection system, fire alarms, fire-fighting equipment,
fixed fire-extinguishing installation, ventilation valves, fire dampers, and
quick-closing devices;
g) Absence, substantial deterioration or failure of
proper operation of the cargo deck area fire protection on tankers;
h) Absence, non-compliance or serious deterioration
of lights, shapes or sound signals;
i) Absence or failure of the proper operation of
the radio equipment for distress and safety communication;
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l) Absence of corrected navigational charts, and/or
all other relevant nautical publications necessary for the intended voyage;
m) Absence of non-sparking exhaust ventilation for
cargo pump-rooms;
n) Serious deficiencies in the operational
requirements listed in the Appendix 7 of the SOLAS Convention;
o) Number, composition or certification of crew not
corresponding with safe manning document.
p) Non-implementation or failure to carry out the
enhanced survey programme in accordance with SOLAS Regulation XI-1/2 and
Resolution A.744(18);
q) Absence or failure of a voyage data recorder
(VDR).
2. Areas under the IBC Code
a) Transport of a substance not mentioned in the
Certificate of Fitness or missing cargo information;
b) Missing or damaged high-pressure safety devices;
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d) Sources of ignition in hazardous locations;
dd) Contravention of special requirements;
e) Exceeding of maximum allowable cargo quantity
per tank;
g) Insufficient heat protection for sensitive
products;
h) Pressure alarms for cargo tanks not operable;
i) Transport of substances to be inhibited without
valid inhibitor certificate.
3. Areas under the IGC Code
a) Transport of a substance not mentioned in the
Certificate of Fitness or missing cargo information;
b) Missing closing devices for accommodations or
service spaces;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Defective air locks;
dd) Missing or defective quick-closing valves;
e) Missing or defective safety valves;
g) Electrical installations not intrinsically safe
or not corresponding to the Code requirements;
h) Ventilators in cargo area not operable;
i) Pressure alarms for cargo tanks not operable;
k) Gas detection plant or toxic gas detection plant
defective;
l) Transport of substances to be inhibited without
valid inhibitor certificate.
4. Areas under the LOAD LINES Convention
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A recognized case of insufficient stability.
c) Absence of sufficient and reliable information
which enables the master to arrange for the loading and ballasting of the ship
in such a way that a safe margin of stability is maintained at all stages and
at varying conditions of the voyage.
d) Absence, substantial deterioration or defective
closing devices, hatch closing arrangements and watertight/weathertight doors;
dd) Overloading;
e) Absence of, or impossibility to read, draught
marks or Load Line marks.
5. Areas under the MARPOL Convention, Annex I
a) Absence, serious deterioration or failure of
proper operation of the oily-water filtering equipment, the oil discharge
monitoring and control system or the 15 ppm alarm arrangements;
b) Remaining capacity of slop or sludge tank insufficient
for the intended voyage;
c) Oil Record Book not available;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Failure to meet the requirements of Regulation
20.4 and Regulation 20.7 Annex I of the MARPOL Convention.
6. Areas under the MARPOL Convention, Annex II
a) Absence of P and A Manual.
b) Cargo is not categorized;
c) No Cargo Record Book available;
d) Unauthorized discharge bypass fitted.
7. Areas under the MARPOL Convention, Annex V
a) Absence of the garbage management plan;
b) No garbage record book available;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. Areas under the MARPOL Convention, Annex VI
a) Absence of valid IAPP Certificate, EIAPP
Certificate and technical files;
b) A marine diesel engine, with a power output of
more than 130 kW, which is installed on board a ship constructed on or after
January 01, 2000, or a marine diesel engine having undergone a major conversion
on or after January 01, 2000, which does not comply with the NOx Technical
Code.
c) The sulphur content of any fuel oil used on
board ships exceeds the following limits:
- 3.5% on and after January 01, 2012;
- 0.5% on and after January 01, 2020.
d) The sulphur content of any fuel used on board
exceeds the following limits while operating within a SOx emission control
area: 0.1% m/m on and after January 01, 2015.
dd) An incinerator installed on board the ship on
or after January 01, 2000 does not comply with requirements contained in
Appendix IV to the Annex, or the standard specifications for shipboard
incinerators developed by the IMO (Resolutions MEPC.76(40) and MEPC.93(45)). e)
The master or crew members are not familiar with essential procedures regarding
the operation of air pollution prevention equipment.
9. Areas under the STCW Convention
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failure to comply with the applicable safe manning
requirements of the competent authority;
c) Failure of navigational and engineering watch
arrangements to conform to the requirements specified for the ship by the
competent authority;
d) Absence in a watch of a person qualified to
operate equipment essential to safe navigation, safety radiocommunications or
the prevention of marine pollution;
dd) Inability to provide for the first watch at the
commencement of a voyage and for subsequent relieving watches persons who are
sufficiently rested and otherwise fit for duty;
e) Failure to provide proof of professional
proficiency for the duties assigned to seafarers for the safety of the ship and
the prevention of pollution.
10. Areas under the MLC Convention
a) Seafarers under the age of 16 working on board a
ship;
b) Seafarers repeatedly working at night;
c) Employment of seafarers without valid
certificates of medical fitness;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Seafarers repeatedly working beyond maximum
hours of work;
e) Accommodation, including catering and sanitary
facilities, that is unhygienic or with missing or malfunctioning equipment;
g) Food and water insufficient for the intended
voyage;
h) On-board medical chest failing to meet
standards; no medical personnel on board as required by regulations;
i) Lack of certificate of financial security
related to the shipowner’s liability;
k) Non-payment of wages over a significant period.
11. Areas under the BWM Convention
a) Absence of IBWMC Certificate, BWMP Certificate,
or BWRB Certificate;
b) Indication that the ship or its equipment does
not correspond substantially with the particulars of the IBWMC and BWMP;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) No ballast water management procedures
implemented on board;
dd) No designated officer;
e) The ship’s non-compliance with the BWMP for
management and treatment of ballast water (Standard D-1, D-2 or D-4);
g) Absence, serious deterioration or failure of
proper operation of equipment required under the BWMP;
h) Failure to comply with sampling procedures;
i) Discharge of ballast water inconsistently with
regulations of the Convention (Article A-2).
12. Areas which may not warrant a detention, but
where cargo operations have been suspended
Failure of the proper operation of inert gas
systems, cargo related gear or machinery should be considered sufficient
grounds to stop cargo operations.
The lack of valid certificates as required by the
abovementioned conventions may warrant the detention of ships. However, ships
flying the flag of States not a Party to a convention are not entitled to carry
the certificates provided for by the convention. Therefore, absence of the
required certificates should not by itself constitute a reason to detain these
ships. However, substantial compliance with the provisions and criteria
specified in these procedures must be required before the ship sails.
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66