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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
33/2022/TT-BGTVT
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Hanoi, December
12, 2022
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CIRCULAR
ON AMENDMENTS TO CIRCULAR NO. 39/2019/TT-BGTVT DATED OCTOBER
15, 2019 OF THE MINISTER OF TRANSPORT PRESCRIBING RESPONSIBILITIES OF OWNERS,
CREW MEMBERS, OPERATORS, HOLDING OF VESSEL CREW MEMBER POSTS AND MINIMUM SAFE
MANNING ABOARD INLAND WATERWAY VESSELS
Pursuant to the Law on
Inland Waterway Traffic dated June 15, 2004 and the Law on Amendments and
Supplements to certain Articles of the Law on Inland Waterway Traffic dated
June 17, 2014;
Pursuant to the Government's
Decree No. 08/2021/ND-CP dated January 28, 2021 on management of inland
waterway activities;
Pursuant to the Government’s
Decree No. 56/2022/ND-CP dated August 24, 2022 on functions, duties, powers and
organizational structure of the Ministry of Transport;
Upon the request of the
Director of the Department of Transport, and the Director of Vietnam Inland
Waterway Administration;
Minister of Transport
promulgates a Circular on amendments to Circular No. 39/2019/TT-BGTVT dated
October 15, 2019 of the Minister of Transport prescribing responsibilities of
owners, crew members, operators, holding of vessel crew member posts and
minimum safe manning aboard inland waterway vessels.
Article 1.
Amendments to Circular No. 39/2019/TT-BGTVT dated October 15, 2019 of the
Minister of Transport prescribing responsibilities of owners, crew members,
operators, holding of vessel crew member posts and minimum safe manning aboard
inland waterway vessels
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“2. Create the crew
directory by using the form given in the Appendix I hereto, and create the
journey logbook and technical logbook necessary for a vessel which is at least
250 tons gross or a vessel carrying at least 50 (fifty) passengers by using the
form given in the Appendix II hereto.”
2. Clause 1, Clause 2, Clause
4, Clause 6, Clause 11, Clause 12, Article 6 shall be amended as follows:
a) Clause 1 shall be amended as
follows:
“1. Manage and ensure safety
for humans, equipment and property aboard vessels; thoroughly grasp technical
conditions, useful life and frequency of repair of vessels. As for the master
of a vessel carrying VR-SB class, he/she must prepare a training plan on
life-saving, fire-fighting and rescue and hold training and instructions on the
use of life-saving, fire-fighting and rescue equipment for the new crew members
as soon as they get off the vessel; every quarter, hold training on
life-saving, fire-fighting and rescue of vessel at least once for crew
members."
b) Clause 2 shall be amended as
follows:
“2. Manage logbooks, crew
directories and passenger lists (if any), books and other necessary documents,
administer data input and carry out the regular monitoring of entries in vessel
books or records. The content of the logbook must be certified on a daily
basis as prescribed.”
c) Clause 4 shall be amended as
follows:
“4. Administer assignment of
tasks, oversee and push crew members for fulfillment of their assigned duties.
In case the vessel has more than one master’s mate, the responsibilities of
each mate shall be specifically assigned by the master.”
d) Clause 6 shall be amended as
follows:
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If a person falls into the
water, it is required to promptly apply effective measures to find and rescue
the victim, and also notify the search and rescue agency or the local
government where the accident occurs. If the vessel is operating at sea, it is
required to notify the nearest Maritime Search and Rescue Coordination Center
or Coastal Radio Station or Port Authority, notify other vessels and ships that
are sailing near to search and rescue victims; the vessel is only allowed to
leave the area where the person has fallen into the water after they have tried
to search but find that there is no hope, except in the case of causing danger
to the vehicle and other people on the vehicle. The time and measures
taken to search and rescue must be recorded in the journey logbook.”
dd) Clause 11 shall be amended
as follows:
“11. Take charge of assigning
tasks to his/her junior staff, providing information required by, and issuing
notices to, competent regulatory authorities before his/her vessel arrives or
leaves a port or terminal. Prior to departure, a staff duty roster
showing duties that each crew member must perform onboard the vessel must be
available. Before the vessel leaves a port or terminal, he/she is obliged to
push related departments to which crew members are managed for ensuring an
adequate amount of bunkers, fuel, materials, food and medical supplies
necessary for a voyage. He/she may allow the vessel to leave a port or terminal
only if the vessel conforms to safety regulations, all necessary arrangements
for the voyage are made, and competent regulatory authority's permission is
obtained.
Regularly follow up weather
developments in the area that the vessel will go through.”
e) Clause 12 shall be amended
as follows:
“12. Directly undertake a work
shift, directly maneuver the vessel through dangerous water areas. After
finishing his/her scheduled shift, if there is a request made by the master’s
mate or the chief engineer, or when an incident, emergency situation or unusual
event occurs, the master must be present at the commanding position to deal
with issues that may arise in a timely manner.”
3. Clauses 1 and 2 Article 7
shall be amended as follows:
a) Clause 1 shall be amended as
follows:
“1. Directly take charge of
deck duties. Directly take charge of and organize the preservation and
maintenance of life-saving, fire-fighting and rescue vessels and equipment.
Carry out regular inspections to ensure technical facilities are always in good
condition and ready for use, and immediately inform any technical failure or
errors to the master.”
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“2. Plan the journey, regularly
urge, guide and supervise the crew to properly implement the journey plan and
watch duty, VR-SB-class vessels when operating on the coastal shipping route
must be prepared. All charts are updated to the latest according to
regulations, assigned on duty to submit to the captain for approval.”
4. Clauses 1 and 6 Article 9
shall be amended as follows:
a) Clause 1 shall be amended as
follows:
“1. Manage and thoroughly
understand technical condition of the propulsion system; assign and supervise
crew members under the control of the engine department during the vessel’s
operation. In case the vessel has more than one second engineer, the
responsibilities of each second engineer shall be specifically assigned by the
chief engineer.”
b) Clause 6 shall be amended as
follows:
“6. Manage technical documents
and records of the engine department and carry out data input in the engine
room logbook. Check the recording and confirm the engine room log on a
daily basis.”
5. Clause 3 of Article 20 shall
be amended as follows:
“3. Agencies that affix seals
and fan stamping of journey logbooks and technical logbooks: Vietnam Inland
Waterway Administration, Department of Transport, Maritime Port Authority or a
representative of the Maritime Administration, the Port Authority inland
waterway or representative of the Inland Waterway Authority.”
6. Replace Appendix II issued
together with Circular No. 39/2019/TT-BGTVT dated October 15, 2019 of the
Minister of Transport prescribing responsibilities of owners, crew members,
operators, holding of vessel crew member posts and minimum safe manning aboard
inland waterway vessels with Appendix I promulgated together with this
Circular.
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Article 2.
Entry in force
This Circular comes into force
as of February 1, 2023.
Article 3.
Implementation
Chief of Ministry Office, Chief
Inspector of Ministry, Directors, Director of Vietnam Inland Waterway
Administration, Director of Vietnam Maritime Administration, Director of Vietnam
Register, Director of Department of Transport, Head Relevant agencies,
organizations and individuals shall implement this Circular./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Xuan Sang