|
MINISTRY OF TRANSPORT
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No. 16/2023/TT-BGTVT
|
Hanoi, June 30, 2023
|
CIRCULAR
AMENDMENTS TO SOME ARTICLES OF
CIRCULARS ON REGISTRATION AND INSPECTION OF INLAND WATERWAY SHIPS
Pursuant
to the Law on Inland Waterway Transport dated June 15, 2004;
Pursuant
to the Law on amendments to some Articles of the Law on Inland
Waterway Transport dated June 17, 2014;
Pursuant
to the Law on Product and Goods Quality dated November, 21 2007;
Pursuant
to Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 on functions,
tasks, powers and organizational structure of the Ministry of Transport;
At
the request of the Director of Science and Technology Department, and of
Director of Vietnam Register;
The
Minister of Transport promulgates Circular on amendments to some Articles of
Circulars on registration and inspection of inland waterway ships.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.
Article 3 of Circular No. 48/2015/TT-BGTVT shall be amended as follows:
“Article
3. Definitions
In this
Circular, the terms below are construed as follows:
1.
“Industrial product used for an inland waterway ship" means any material,
machinery or equipment piece used or installed on the inland waterway ship.
2. “Seal
of technical safety and environmental protection inspection of an inland
waterway ship” (hereinafter referred to as “seal of inspection”)
means an item provided to an inland waterway ship which has been certified by
the registration agency to meet technical quality and safety, and environmental
protection standards, and allowed to participate in inland waterway transport
within the period specified on the seal of inspection.
3.
“Design document” means a technical document prepared under national technical
regulations and standards to serve building, modification, repair, import and
operation of an inland waterway ship. Design documents include:
a)
Design documents for building, modification or repair;
b)
Design documents for documentation of imported ships (except for water scooters imported
and used for sports and entertainment purposes) or ships built without the
supervision of register authorities (including ships performing national
defense and security duties, and fishing vessels converted into inland waterway
ships);
c)
Design documents for industrial products that have been domestically
manufactured;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd)
Design documents for ships (not inland waterway ships) converted into inland
waterway ships.
4.
“Guidance document” means a document prepared under national technical
regulations and standards and used for an inland waterway ship in order to
provide information for the master and crew members on operation of the inland
waterway ship and its machinery and equipment, thereby meeting requirements for
technical safety and environment protection.
5.
”Appraisal of a design or guidance document” means inspection and assessment of
the design or guidance document to give a conclusion of compliance of the
document with national technical regulations mentioned in Appendix I issued
together with this Circular.
6.
"Mass-produced ships” mean ships that have been built under a design
document appraised by a register authority for a design's user at a ship
building facility and under technical supervision by the register authority.
7.
"Water scooter" means a ship used for sports and entertainment
purposes with a ship hull length of less than 4m. The ship uses a water jet and
it is operated by a person who sits, stands or kneels on top of the ship, not
within the ship.
8.
"Foreign registration authority” includes members of International
Association of Classification Societies (IACS) or certification
organizations recognized by countries that meet advanced quality
standards (these countries are members of G7, EU, UK, Australia, New
Zealand, China, Korea and Russia).
9.
“Register authority” means a register office affiliated to Vietnam Register or
a register authority affiliated to Department of Transport."
2.
Clause 8, Article 4 of Circular No. 48/2015/TT-BGTVT shall be amended as
follows:
“8.
Duplication and appraisal of representative sample.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“Article
5. Grounds for assessment of technical safety and quality and environmental protection
of inland waterway ships and industrial products
Registration
and inspection specified in Article 4 hereof shall be carried in accordance
with national technical regulations specified in Appendix I enclosed herewith.”
4.
Article 6 of Circular No. 48/2015/TT-BGTVT shall be amended as follows:
“Article
6. Types of inspection of inland - waterway ships
1.
Types of inspection of inland waterway ships include:
a)
Initial inspection, including: inspection of new ships, inspection of imported
ships, and inspection of built ships without the supervision of the register
authority;
b)
Regular inspection, including: periodical inspection, annual inspection,
dry-docking inspection and intermediate inspection;
c) Ad
hoc inspection;
d)
Modification inspection.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5.
Clause 2 Article 7 of Circular No. 48/2015/TT-BGTVT shall be amended as
follows:
“2.
The register authority that is fully capable of managing the area where the
building, modification, repair or import of an inland waterway ship is carried
out shall carry out inspection and issue certificate of technical safety and
environmental protection to that ship.
6.
Article 7a shall be added after Article 7 of Circular No. 48/2015/TT-BGTVT as
follows:
“Article
7a. Principles of inspection and issuance of certificate to industrial products
used for inland waterway ships
1.
Industrial products inspected and issued with certificates to be used for
sea-going ships by Vietnam Register may be used for inland waterway ships.
2.
Regarding industrial products whose types have been approved by Vietnam
Register or the foreign registration authority and then used for sea-going
ships, register authorities shall carry out inspection and issue certificates
to such industrial products to be used for inland waterway ships in accordance
with certificates of type approval.
3.
Regarding industrial products other than those specified in Clause 1 and Clause
2 of this Article, it is required to carry out inspection and issue
certificates to such industrial products according to national technical
regulations applied to these products.”
7.
Article 8 of Circular No. 48/2015/TT-BGTVT amended by Clause 1 Article 9 of
Circular No. 16/2022/TT-BGTVT shall be amended as follows:
“Article
8. Application for appraisal of design documents and guidance documents:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) An
application form for appraisal of design documents made according to form in
Appendix II enclosed herewith (original copy or electronic form);
b)
Design documents, including spreadsheet, drawings, explanations and technical
documents (if any) as prescribed in technical regulations and standards for the
ship (3 original copies if submitted in person, by post or other manners or an
electronic copy that is valid if submitted via online public service
portal); Explanations and spreadsheet shall be prepared in Vietnamese, or
in English and accompanied with their Vietnamese translations, but drawings may
be prepared in either Vietnamese or English;
c)
With regard to design documents for documentation of a ship built abroad
without the supervision of the register authority: a shipbuilding contract or
other documents proving the lawful ownership of the ship-owner who shall take
legal responsibility for the legality of his/her ship (certified true copy or
electronic copy that is valid).
d)
Regarding design documents for modification of a ship imported with its
remained uses or carrying 12 persons or less and inspected and issued with a
certificate of technical safety by the foreign registration authority,
according to modification design contents, an application includes a copy
certified by the importer or an electronic copy that is valid of a certificate
of technical safety issued by the foreign registration authority to the ship,
operation guidance document; design documents including general arrangement
drawings of the ship, freeboard, signals, life-saving and fire-fighting
equipment; explanations about engine system of ship, ship electrics, and safety
equipment under national technical regulations and standards for the ship (3
original copies if submitted in person or by post or an electronic copy that is
valid if submitted via online public service portal);
2. An
application for appraisal of representative sample design documents includes:
a) An
application form for appraisal of representative sample design documents for an
inland waterway ship made according to form in Appendix III enclosed herewith;
(original copy or electronic form);
b)
Design documents, including spreadsheet, drawings and explanations as
prescribed in technical regulations and standards for the ship (3 original
copies if submitted in person, by post or other manners or an electronic copy
that is valid if submitted via online public service portal);
3.
With regard to representative sample duplication and appraisal, the application
shall include an application form for approval for use of representative sample
of an inland waterway ship made according to form in Appendix IV enclosed
herewith (original copy or electronic form);
4. An
application for appraisal of design documents of an imported ship (except for
water scooters imported and used for sports and entertainment purposes)
includes:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b)
Design documents, including spreadsheet, drawings, explanations and technical
documents (if any) as prescribed in technical regulations and standards, and
legal documents (if any) applied to the ship (3 original copies if submitted in
person or by post or an electronic copy that is valid if submitted via online
public service portal); technical documents issued by the foreign
organization to the ship (if any) Explanations and spreadsheets shall be
prepared in Vietnamese, or in English and accompanied with their Vietnamese
translations, but drawings may be prepared in either Vietnamese or English;
c)
Regarding a ship imported into Vietnam with its remained uses, or carrying 12
persons or less and inspected and issued with a certificate of technical safety
by the foreign registration authority, an application includes a copy certified
by the importer or an electronic copy that is valid of a certificate of
technical safety issued by the foreign registration authority to the ship,
operation guidance document; design documents including general arrangement
drawings of the ship, freeboard, signals, life-saving and fire-fighting
equipment; explanations about engine system of ship, ship electrics, and safety
equipment under national technical regulations and standards for the ship (3
original copies if submitted in person or by post or an electronic copy that is
valid if submitted via online public service portal);
d) A
copy certified by the importer or an electronic copy that is valid of a
document determining the ship’s age (stated in a registration and inspection
document or a certificate of origin (CO) issued by the national ship authority
or the organization authorized by the national ship authority or the
International Chamber of Commerce (ICC) or other documents issued by the
national authority in which the ship was built to the ship).
5. An
application for appraisal of design documents for an industrial product that
has been domestically manufactured includes:
a) An
application form for appraisal of design documents made according to form in
Appendix II enclosed herewith (original copy or electronic form);
b)
Design documents, including spreadsheet, drawings, explanations and technical
documents (if any) as prescribed in technical regulations and standards for the
product (3 original copies if submitted in person or by post or an electronic
copy that is valid if submitted via online public service portal);
6. An
application for appraisal of design documents for a sea-going ship (not an
inland waterway ship) converted into an inland waterway ship includes:
a) An
application form for appraisal of design documents made according to form in
Appendix II enclosed herewith (original copy or electronic form);
b)
Design documents, including spreadsheet, drawings, explanations and technical
documents (if any) as prescribed in technical regulations and standards for the
ship (03 original copies if submitted in person, by post or other manners or an
electronic copy that is valid if submitted via online public service
portal);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a)
Application form for appraisal of guidance documents made according to form in
Appendix II enclosed herewith (original copy or electronic form);
b)
Guidance document (3 original copies if submitted in person, by post or other
manners or an electronic copy that is valid if submitted via online public
service portal);
8.
Article 9 of Circular No. 48/2015/TT-BGTVT amended by Clause 2 and Clause 3
Article 9 of Circular No. 16/2022/TT-BGTVT shall be amended as follows:
“Article
9. Procedures for appraisal of design documents and guidance documents
1.
The applicant shall submit one (01) application for appraisal of design,
guidance documents as prescribed Article 8 of this Circular to the Vietnam
Register or its register authority in person, by post or online public service
portal;
2.
Vietnam Register or its register authority shall receive and examine the
application, and, in case of inadequate application, instruct the applicant to
complete the application within the same working day if it is submitted in
person or within 02 (two) working days if it is submitted by post or online
public service portal, or, in case of adequate application, give an appointment
for returning application processing result.
3.
Within 20 working days from receipt of an adequate application for design
documents for a ship built of new materials or for new uses, a ship operating
on inland waterway and coastal routes, from shore to islands or between
islands, a ship carrying liquefied gas, or hazardous chemicals in bulk, or oil
tanker with a flash point not exceeding 60°C and a gross deadweight of 500
tonnes or more, a high-speed craft or hovercraft, a floating restaurant or
hotel, overnight cruise, or a passenger ship capable of carrying 100 persons or
more, or within 5 working days from receipt of an adequate application for
design documents for a ship other than the ones mentioned and for guidance
documents, Vietnam Register or its register authority shall complete the
appraisal of design documents/guidance documents, and, if the application is
satisfactory, issue the certificate of design appraisal according to
regulations, and notice of appraisal of guidance documents/design documents
according to the form in Appendix VI enclosed herewith (if any), or, if the
application is unsatisfactory, give a written notification to the applicant for
remedying unsatisfactory contents.
4.
Within 02 working days from the receipt of design documents of which
unsatisfactory contents have been remedied as notified, Vietnam Register or its
register authority shall complete the appraisal and issue certificate of design
appraisal as prescribed in Clause 3 of this Article, if design documents are
satisfactory, or give a written notification to the applicant for remedying, if
design documents are unsatisfactory.
5.
The applicant for appraisal of design documents/guidance documents shall pay
service prices and charges as prescribed and receive application processing
results either at Vietnam Register or its register authority in person, by post
or online public service portal.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“Article
10. Procedures for inspection and issuance of certificate of technical safety
and environmental protection to inland waterway ship
1. The
applicant shall submit one (01) application to the register authority in
person, by post, by online public service portal, or other manners. An
application includes:
a) In
case of inspection and issuance of certificate of technical safety and environmental
protection for a new, modified or repaired ship (including ships that are not
inland waterway ships and are converted into inland waterway ships) or the ship
built without the supervision of the register authority (including ships
performing national defense and security duties, and fishing vessels converted
into inland waterway ships), an application form for inspection made according
to form in Appendix V enclosed herewith, a copy of deregistration certificate
(with regard to sea-going ships or fishing vessels converted into inland
waterway ships), a written approval for design of the designing facility
(with regard to mass-produced ships) shall be submitted.
b) In
case of inspection and issuance of certificate of technical safety and
environmental protection for a ship in service, an application form for
inspection made according to form in Appendix V enclosed herewith and a
certified copy of contract of ship purchase and sale (in case of change in the
ship’s owner) shall be submitted.
2.
The register authority shall receive and examine the application, and, in case
of inadequate application, instruct the applicant to complete the application
within the same working day if it is submitted in person or within 02 (two)
working days if it is submitted by post, by online public service portal or
other manners, or, in case of adequate application, give an appointment
indicating the inspection time and location.
3.
The register authority shall conduct the inspection. Within a working day upon
completion of the site inspection which is less than 70 km far from the
register authority’s office, or within 02 (two) working days upon completion of
the site inspection which is 70 km, or more, far from the register authority’s
office, or which is conducted at sea waters or island, if the inspection result
indicates that the ship is conformable with relevant technical regulations and
standards, the register authority shall issue the certificate of technical
safety and environmental protection according to regulations. If the inspection
result indicates that the ship is not conformable with relevant technical
regulations and standards, a written notice shall be given to the applicant.
4.
The applicant shall pay service prices and charges as prescribed and may
receive the inspection result either in person at the register authority or by
post, by online public service portal or other manners."
10.
Article 11 of Circular No. 48/2015/TT-BGTVT shall be amended as follows:
“Article
11. Procedures for inspection and issuance of certificate of technical safety
and environmental protection to imported ship
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
A
technical document of the imported ship is prescribed as follows:
a)
Regarding an imported ship inspected and issued with a certificate of technical
safety by the foreign registration authority, technical documents related to
the ship (if any), certification documents issued by the foreign registration
authority to the ship (copies certified by the importer) shall be presented;
b)
Regarding an imported ship that has not been yet inspected and issued with a
certificate of technical safety by the foreign registration authority, copies
of technical documents related to the ship (if any) certified by the importer
shall be presented;
c)
Regarding a water scooter, a copy of operation guidance document certified by
the importer and copies of other technical documents (if any) shall be
presented.
2.
The register authority shall receive the application and sign the confirmation
sheet made according to form specified in Appendix XIII enclosed herewith, and,
in case of inadequate application, instruct the applicant to complete the
application within the same working day if it is submitted in person or within
02 (two) working days if it is submitted by post, by online public service
portal or other manners, or, in case of adequate application, give an
appointment indicating the site inspection time and location as requested by
the applicant.
3.
The register authority shall carry out inspection as follows:
a)
With regard to the ship prescribed in Point a Clause 1 of this Article, the
site inspection is conducted to verify whether the technical status of the ship
matches with its certification documents issued by the foreign registration
authority and design documents that have been appraised;
b)
With regard to the ship prescribed in Point b Clause 1 of this Article, the
site inspection of the ship shall be conducted in the same manner as an initial
inspection in accordance with design documents that have been appraised;
c)
With regard to the ship prescribed in Point c Clause 1 of this Article, the
site inspection of the ship that is operating shall be conducted in accordance
with operation guidance documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5.
The applicant for ship inspection shall pay service prices and charges as
prescribed and may receive the inspection result either in person at the
register authority, by post or other manners."
11.
Article 12 of Circular No. 48/2015/TT-BGTVT shall be amended as follows:
“Article
12. Procedures for inspection and issuance of certificate to industrial
products used for inland waterway ships
1.
The applicant shall submit one (01) application to the register authority in
person, by post, by online public service portal, or other manners. An
application includes:
a) An
application form made according to form in Appendix V enclosed herewith (an
original copy or electronic form); documents under regulations of the law on
specialized inspection of imported goods;
b) A
technical document specifying technical specifications (a copy or electronic
form), reports on inspection of industrial products (if any).
2.
The register authority shall receive the application, inspect its components
and sign the confirmation sheet made according to form specified in Appendix
XIII enclosed herewith (in case of imported industrial products), and, in case
of inadequate application, instruct the applicant to complete the application
within the same working day if it is submitted in person or within 02 (two)
working days from the date of receipt of the application if it is submitted by
post, by online public service portal or other manners, or, in case of adequate
application, give an appointment indicating the site inspection time and
location as requested by the applicant.
3.
The register authority shall carry out site inspection in the location as
requested by the applicant. Within a working day upon completion of the
site inspection which is less than 70 km far from the working office, or within
02 (two) working days upon completion of the site inspection which is 70 km, or
more, far from the working office, or which is conducted at sea waters or
island, if the inspection result indicates that the industrial product is
conformable with relevant technical regulations and standards, the register
authority shall issue the certificate to the industrial product used for
the inland waterway ship according to regulations. If the inspection result
indicates that the industrial product is not conformable with relevant
technical regulations and standards, a written notice shall be given to the
applicant.
4.
The applicant for inspection of the industrial product shall pay service prices
and charges as prescribed and may receive the inspection result either in person
at the register authority or by post, by online public service portal or other
manners."
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“1.
An inland waterway ship which has been inspected and certified to satisfy
national technical regulations and standards shall be issued with the following
documents:
a)
Certificate of technical safety and environmental protection issued to
inland waterway ship;
b)
Records and reports on technical inspection;
c)
Inspection record of the lift crane installed on the ship;
d)
Certificates of industrial products used for the inland waterway ship.
dd)
Certificate of moulded volume of the ship, if requested by the ship’s owner;
13.
Article 14 of Circular No. 48/2015/TT-BGTVT shall be amended as follows:
“Article
14. Agencies performing registration and inspection of inland waterway ships
1.
Vietnam Register and its register authority shall appraise design and guidance
documents in conformity with the capacity of their inspectors who appraise
design.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3.
Register authorities shall be ranked I, II or III according to their capacity
as prescribed in Appendix X enclosed herewith and perform registration and
inspection contents as follows:
a)
Rank-III register authorities shall take charge of registration and inspection
of inland waterway ships with a total tonnage of less than 500 GT, inland
waterway ships with total main engine capacity of less than 300 horse powers,
inland waterway ships with capacity of less than 50 passengers (except for
ships of VR-SB class, multi-hull ships, container ships, high-speed crafts,
hovercrafts, hydrofoils, oil tankers, ships that carry hazardous chemicals,
ships that carry liquefied gas and ships that carry dangerous goods.
b)
Rank-II register authorities shall take charge of registration and inspection
of inland waterway ships of all types (except for oil tankers with a total
tonnage of 3000 GT and more, cargo ships of VR-SB class with a total
tonnage of 3000 GT and more or passenger ships of VR-SB class with capacity
of 100 passengers and more, ships that carry liquefied gas, ships that carry
hazardous chemicals and ships that carry dangerous goods).
c)
Rank-I register authorities shall take charge of registration of inland
waterway ships of all types.
14. Clause
1a, Clause 7, Clause 11 Article 15 of Circular No. 48/2015/TT-BGTVT shall be
added and amended as follows:
a)
Clause 1a shall be added after Clause 1 of Article 15 as follows:
“1a.
Conduct registration and inspection contents specified in Article 4 of this
Circular.”
b)
Clause 7 Article 15 shall be amended as follows:
“7.
Inspect the performance of registration and inspection contents by register
authorities. Handle or request competent authorities to handle violations committed
by individuals and register authorities as prescribed.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“11.
Collect service prices and charges in accordance with applicable regulations.
15.
Point b Clause 2 Article 16 of Circular No. 48/2015/TT-BGTVT shall be amended
as follows:
“b)
Cooperate with register authorities in performing registration and inspection
of ships in cases prescribed in Clause 1 Article 17 hereof.
16.
Clauses 1, 3, 7, 12 Article 17 of Circular No. 48/2015/TT-BGTVT shall be
amended as follows:
a)
Clause 1 Article 17 shall be amended as follows:
“1.
The register authority shall be responsible for registration and inspection in
conformity with its capacity as notified by Vietnam Register. Register
authorities affiliated to Vietnam Register shall perform registration and
inspection contents assigned to register authorities affiliated to provincial
Departments of Transport at the request of provincial Departments of Transport.
b)
Clause 3 Article 17 shall be amended as follows:
“3.
Register authorities shall be responsible for maintaining their capacity
according to their ranks as notified; notifying Vietnam Register and provincial
Departments of Transport if they do not meet capacity requirements according to
regulations.”
c)
Clause 7 Article 17 shall be amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d)
Clause 12 Article 17 shall be amended as follows:
“12.
Pay service prices and charges in accordance with regulations.”
17.
Clause 3 of Article 18 shall be amended and Clause 4 Article 18 of Circular No.
48/2015/TT-BGTVT shall be added as follows:
a)
Clause 3 Article 18 shall be amended as follows:
“3.
Pay service prices and charges in accordance with regulations.”
b)
Clause 4 Article 18 shall be added as follows:
4. Be
responsible for the validity and legality of applications and documents
provided for Vietnam Register and register authorities.
Article 2. Addition, replacement and annulment of some
regulations of Circular No. 48/2015/TT-BGTVT
1.
Appendix V issued together with this Circular shall be Appendix XIII issued
together with Circular No. 48/2015/TT-BGTVT.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3.
Clauses 6 and 7, Article 4; Clause 2 Article 13; Clause 6 Article 15; Clause 2,
Article 17 of Circular No. 48/2015/TT-BGTVT shall be annulled.
4.
Appendix XI issued together with Circular No. 48/2015/TT-BGTVT shall be
annulled.
Article 3. Implementation
1.
This Circular comes into force from August 15, 2023.
2. Chief
of the Ministry's Office, Chief Inspector of the Ministry, Directors, Director
of Vietnam Register, Heads of agencies and units affiliated to provincial
Departments of Transport, relevant organizations and individuals shall be
responsible for implementation of this Circular./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Xuan Sang