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THE MINISTRY OF
TRANSPORT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
40/2016/TT-BGTVT
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Hanoi, December
7, 2016
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CIRCULAR
ON
REGISTRATION OF VIETNAM SEA-GOING SHIPS
Pursuant to Vietnam Maritime Code dated November
25, 2015;
Pursuant to the Law on Product and goods quality
dated November 21, 2007;
Pursuant to the Government's Decree No.
107/2012/ND-CP dated December 20 2012, defining the functions, tasks,
entitlements and organizational structure of the Ministry of Transport;
At the request of Director of the Department of
Science and Technology and Director of the Vietnam Register;
The Minister of Transport promulgates a Circular
on registration of Vietnam sea-going ships (hereinafter referred to as ships).
Chapter I
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Article 1. Scope
1. This Circular deals with registration of ships,
duty ships, submarines and submersibles flying Vietnam’s flags.
2. Ships in service of national defense and
security and fishing ships are not under scope of regulation of this Circular.
Article 2. Regulated entities
This Circular applies to organizations and
individuals in connection with registration of Vietnam ships.
Article 3. Interpretation of
terms
For the purposes of this Circular, the terms below
shall be construed as follows:
1. Company means the owner of the ship or any other
organization who has assumed the duties and responsibility imposed by the
International Safety Management Code (ISM) of International Maritime
Organization (IMO).
2. Ship design means technical documents prepared
in accordance with relevant national technical regulation and international
treaties to which the Socialist Republic of Vietnam is a member for the
purposes of new construction, conversion, repair, and operation of ships.
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4. Verification means verification of documents and
physical verification for the purpose of verifying that the management system
of verified entity is established and works in accordance with relevant
regulations of Vietnamese laws and international treaties to which the
Socialist Republic of Vietnam is a member.
5. International route means the route of the ship
from a port in Vietnam to foreign ports or vice versa, or between two foreign
ports.
6. Ship survey means the inspection, measurement,
testing of ships and equipment on board with a view to certify that ships comply
with regulations of law, national technical regulation on classification and
construction of ships, tonnage measurement, ship safety equipment, lifting gear
used on board, the systems prevents pollution of ships and international
treaties to which the Socialist Republic of Vietnam is a member and in
conformity with ship’s purposes.
7. Appraisal of ship design means the inspection
and review of ship design to publish findings on the conformity of the ship
design with requirements of national technical regulation on classification and
construction of ships, tonnage measurement, ship safety equipment, lifting
equipment used on board, the systems prevents pollution of ships and
international treaties to which the Socialist Republic of Vietnam is a member.
8. Approval for ship manual means the inspection
and review to assert that the manual complies with regulations of law, national
technical regulation and relevant international treaties to which the Socialist
Republic of Vietnam is a member.
9. Container means a container defined in Clause 1
Article II of Container Safety Convention (CSS) 1972 of IMO.
Article 4. Contents of
registration of ships
1. Approval for ship manuals.
2. Assessment of ship designs.
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4. Verification and issuance of safety management
certificates, maritime security certificate, and maritime labor certificates
for ships as specified in ISM Code, ISPS Code, and Maritime Labor Convention
2006.
5. Technical verification to serve the purchase,
sale, charter of ships, investigation of marine incidents and accidents as required
by regulatory agencies or ship owners, insurance buyers or sellers, ship
buyers, sellers, and charterers.
6. Inspection and certification of technical safety
and environment pollution prevention in terms of containers, machinery,
materials, equipment used in ships with respect to manufacturing, assembly,
import, restoration, and conversion.
7. Verification and certification of facilities
meeting conditions for new construction, conversion, and repair of ships;
verification and certification of facilities provide testing and services of
safety equipment testing and manufacturers in connection with technical safety
and environment pollution prevention of ships.
8. Verification and issuance of documents of
compliance to companies as prescribed in ISM Code.
9. Issuance of certificates of drill for company
safety management officers and company security officers, ship security
officers as specified in ISM Code and ISPS Code.
10. Issuance of welder certificates as prescribed
in national technical regulation on classification and construction of ships.
Article 5. Types of surveys of
ships
1. Types of inspection of ships include:
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b) Regular survey, including: periodical survey,
intermediate survey, docking survey, annual survey.
c) Occasional survey.
2. Contents and period of surveys of ships shall be
consistent with national technical regulation on classification and
construction of ships, tonnage measurement, ship safety equipment, lifting
equipment used on board, the systems prevents pollution of ships and
international treaties to which the Socialist Republic of Vietnam is a member.
Article 6. Registration
documents issued to ships
1. A ship not operating in international routes
shall be issued with registration documents in accordance with Vietnam’s law.
2. A ship operating international routes shall be
issued with registration documents in accordance with Vietnam’s law and
relevant international treaties to which the Socialist Republic of Vietnam is a
member.
3. Registration documents issued to ships include:
a) Certificates prescribed by the Minister of
Transport in terms of the list of certificates and documents of ships, duty
ships, submarines, submersibles of Vietnam and relevant international treaties
to which the Socialist Republic of Vietnam is a member.
b) Reports on survey of ships issued upon physical
survey.
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1. An entity requesting the Vietnam Register to
provide one of registration services prescribed in Article 4 hereof shall pay a
given amount of registration fee as prescribed.
2. An entity requesting a foreign recognized
organization to carry out survey registration, classification and issuance of a
certificate of technical safety and prevention of environment pollution for
ships shall pay a given amount of registration price prescribed by such foreign
registry.
Chapter II
APPROVAL FOR SHIP
MANUALS, ASSESSMENT OF SHIP DESIGNS
Article 8. Approval for ship
manuals
1. The ship manual must comply with relevant
national technical regulations on classification and construction of ships,
ship safety equipment, and ship pollution prevention systems. With regard to
ships operating in international routes, their ship manuals must also comply
with international treaties applicable to ships in terms of maritime safety,
security, labor and prevention of environment pollution to which the Socialist
Republic of Vietnam is a member.
2. An application for approval for ship manual
includes:
a) 01 (one) application form using form No. 01 of
Appendix issued herewith;
b) 03 (three) ship manuals.
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4. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be
instructed to complete it within the working day (directly submitted
application), or the applicant shall be instructed to complete within 02
working days from the date on which the application is received via the postal
system or the appropriate mean. In case of a sufficient application, Vietnam
Register shall make an appointment to give processing results.
5. Within 03 (three) working days, from the date on
which the sufficient application is received, Vietnam Register shall carry out
the verification of the ship manual. In case of unsatisfaction, it shall
provide the applicant with a notification; in case of satisfaction, it shall bear
the certification seal on the ship manual.
6. The applicant for approval for ship manual shall
receive processing results at the premises of Vietnam Register or via the
postal system or other appropriate mean.
Article 9. Assessment of ship
designs
1. The ship design must comply with relevant
national technical regulations on classification and construction of ships,
tonnage measurement, ship safety equipment, lifting gear used on board, and
ship pollution prevention systems. With regard to ships operating in
international routes, their ship manuals must also comply with international
treaties applicable to ships in terms of maritime safety, security, labor and
prevention of environment pollution to which the Socialist Republic of Vietnam
is a member.
2. An application for appraisal of ship design
includes:
a) 01 (one) application form using form No. 02 of
Appendix issued herewith;
b) Ship design in triplicate.
3. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
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5. Within 20 (twenty) days from the date on which
the sufficient application is received or within an agreed period with respect
to new or complicated ship design provided not exceeding 60 (sixty) days,
Vietnam Register shall assess the ship design. If case of unsatisfaction, it
shall provide the applicant with a notification, in case of satisfaction; it
shall issue a ship design appraisal certificate and bear an appraisal seal in
the ship design.
6. The applicant for appraisal of ship design shall
receive processing results at the premises of Vietnam Register or via the
postal system or other appropriate mean.
Chapter III
SURVEY AND ISSUANCE OF
REGISTRATION DOCUMENTS TO SHIPS
Article 10. Survey and
issuance of registration documents to ships
1. A Vietnam ship issued with registration
documents must comply with relevant national technical regulations on
classification and construction of ships, tonnage measurement, ship safety
equipment, lifting gear used on board, and ship pollution prevention systems. With
regard to ships operating in international routes, their ship manuals must also
comply with international treaties applicable to ships in terms of maritime
safety, security, labor and prevention of environment pollution to which the
Socialist Republic of Vietnam is a member.
2. An application for ship survey include: 01 (one)
application form using form No. 03 of Appendix issued herewith;
3. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
4. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be
instructed to complete it within the working day (directly submitted
application), or the applicant shall be instructed to complete within 02
working days from the date on which the application is received via the postal
system or the appropriate mean. In case of a sufficient application, Vietnam
Register and the applicant shall reach a consensus on the ship survey time at the
place required by the applicant.
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With regard to an imported ship, Vietnam Register
shall issue a certification of technical state upon its compliance in the
initial survey.
6. The applicant for ship survey shall receive
processing results at the premises of Vietnam Register or via the postal system
or other appropriate mean.
Chapter IV
VERIFICATION AND ISSUANCE
OF DOCUMENTS OF COMPLIANCE TO COMPANIES AND CERTIFICATES TO SHIPS IN ACCORDANCE
WITH ISM CODE
Article 11. Verification and
issuance of documents of compliance to companies in accordance with ISM Code
1. Safety management system of a company must comply
with national technical regulation on safety management and pollution
prevention in ship operation and ISM Code.
2. An application for audit of company including:
a) 01 (one) application form using form No. 04 of
Appendix issued herewith;
b) 01 (one) set of safety management system
document of company (in case of interim or initial audit)
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3. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
4. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be
instructed to complete it within the working day (directly submitted
application), or the applicant shall be instructed to complete within 02 working
days from the date on which the application is received via the postal system
or the appropriate mean. In case of a sufficient application, Vietnam Register
and the applicant shall reach a consensus on the verification time at the
company.
5. Vietnam Register shall verify the safety
management system at the company. In case of conformity, a document of
compliance (DOC) shall be issued or have validity as prescribed in ISM Code
within 1 working day from the completion of verification; in case of nonconformity,
it shall notify the applicant in writing.
6. The applicant for ship survey shall receive
processing results at the premises of Vietnam Register or via the postal system
or other appropriate mean.
Article 12. Verification and
issuance of safety management certificates to ships in accordance with ISM Code
1. Safety management system of a company must
comply with national technical regulation on safety management and pollution
prevention in ship operation and ISM Code.
2. An application for audit of company including:
a) 01 (one) application form using form No. 05 of
Appendix issued herewith;
b) 01 (one) copy of documents establishing
ownership and bareboat management and charter and commitment to fulfill
sufficient obligations and liability prescribed in ISM Code with regard to a
company not being ship owner (in case of issuance of temporary certificate or
initial certificate).
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4. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be
instructed to complete it within the working day (directly submitted
application), or the applicant shall be instructed to complete within 02
working days from the date on which the application is received via the postal
system or the appropriate mean. In case of a sufficient application, Vietnam
Register and the applicant shall reach a consensus on the ship audit time at
the place required by the applicant.
5. Vietnam Register shall verify the safety
management system at the company. In case of conformity, a safety management
certificate (SMC) shall be issued or have validity as prescribed in ISM Code
within 1 working day from the completion of verification; in case of
nonconformity, it shall notify the applicant in writing.
6. The applicant for audit of safety management
system of the ship shall receive processing results at the premises of Vietnam
Register or via the postal system or other appropriate mean.
Chapter V
AUTHORIZING FOREIGN
RECOGNIZED ORGANIZATION TO CARRY OUT SURVEY, CLASSIFICATION AND ISSUANCE OF
TECHNICAL SAFETY AND ENVIRONMENT POLLUTION PREVENTION CERTIFICATES FOR VIETNAM
SHIPS
Article 13. Rules for
authorizing foreign recognized organization to carry out survey, classification
and issuance of technical safety and environment pollution prevention
certificates for Vietnam ships
1. The Minister of Transport shall assign Director
of Vietnam Register to authorize foreign recognized organization to carry out
survey, classification and issuance of technical safety and environment
pollution prevention certificates for Vietnam ships operating in international
routes.
2. A ship owner, upon its need, is entitled to
request Director of Vietnam Register to authorize a foreign recognized
organization to carry out survey, classification of Vietnam ships operating in
international routes in accordance with rules and standards of such foreign
recognized organization provided that requirements pertaining to technical
safety and environment pollution prevention of these rules and standards do not
below respective requirements of national technical regulation of Vietnam and
relevant international treaties to which the Socialist Republic of Vietnam is a
member.
3. The foreign recognized organization which is
authorized must be compliant with the Code for Recognized Organization (RO
Code) of IMO subject to Vietnam Register’s assessment and reach an agreement
with the Vietnam Register according to the RO Code. Vietnam Register shall
notify IMO of publishing list foreign recognized organizations which are
authorized on its website.
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a) Carry out survey and issue classification
certificates according to rules of the authorized foreign recognized
organization;
b) Carry out survey and issue technical safety and
environment pollution prevention certificates in accordance with regulations of
law and national technical regulation of Vietnam;
c) Carry out survey and issue technical safety and
environment pollution prevention certificates in accordance with relevant
international treaties to which the Socialist Republic of Vietnam is a member.
Article 14. Procedures for
issuing letter of authorization to foreign recognized organization to carry out
survey, classification and issuance of technical safety and environment
pollution prevention certificates for ships
1. An application for authorization includes:
a) 01 (one) application form using form No. 06 of
Appendix issued herewith;
b) 01 (one) certificate of registration of Vietnam ship
with respect to registration for flying Vietnam’s flag initially (copy).
2. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
3. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be
instructed to complete it within the working day (directly submitted
application), or the applicant shall be instructed to complete within 02
working days from the date on which the application is received via the postal
system or the appropriate mean. In case of a sufficient application, Vietnam
Register shall make an appointment to give processing results.
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5. The applicant for authorization shall receive
processing results at the premises of Vietnam Register or via the postal system
or other appropriate mean.
Chapter VI
VERIFICATION AND
CERTIFICATION OF FACILITIES PROVIDE TESTING AND SERVICES OF SAFETY EQUIPMENT TESTING
AND MANUFACTURERS IN CONNECTION WITH TECHNICAL SAFETY AND ENVIRONMENT POLLUTION
PREVENTION OF SHIPS
Article 15. Verification and
certification of facilities provide testing and services of safety equipment
testing and manufacturers in connection with technical safety and environment
pollution prevention of ships
1. A facility provide testing and services of
safety equipment testing or a manufacturer in connection with technical safety
and environment pollution prevention of ships must comply with related national
technical regulations on classification and construction of ships, protective
equipment, lifting gear used on board, ship pollution prevention systems. The
facility provide testing and services of safety equipment testing or a
manufacturer in connection with technical safety and environment pollution
prevention of ships operating in international routes shall also comply with
international treaties on maritime safety, maritime security, maritime labor,
and prevention of environment pollution to which the Socialist Republic of
Vietnam is a member.
2. An application for certificate of eligibility
includes:
a) 01 (one) application form using form No. 08 of
Appendix issued herewith;
b) 01 (one) set of documents (copies) of quality
manual and working regulations in accordance with national technical
regulation, relevant international treaties to which the Socialist Republic of
Vietnam is a member.
3. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
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Within 03 (three) working days, from the date of
receipt, in case of unsatisfactory application, Vietnam Register shall instruct
the applicant to complete the application as prescribed; in case of
satisfactory application, it shall make a reply in writing and reach an
agreement on time of verification visit within 05 (five) days from the date of
agreement.
5. Vietnam Register shall carry out a verification
visit to the applicant’s premises. In case of conformity, Vietnam Register
shall issue a certificate of eligibility as prescribed and publish a list of
qualified facilities on its website within 01 (one) working day from the
closing date of verification visit.
In case of non-conformity, Vietnam Register shall
provide explanation in writing within 01 (one) working day from the closing
date of verification visit.
6. The applicant for verification shall receive
processing results at the premises of Vietnam Register or via the postal system
or other appropriate mean.
Chapter VII
SURVEY AND CERTIFICATION
OF TECHNICAL SAFETY AND ENVIRONMENT POLLUTION PREVENTION IN TERMS OF
CONTAINERS, MACHINERY, MATERIALS, EQUIPMENT USED IN SHIPS
Article 16. Survey and
certification of technical safety and environment pollution prevention in terms
of containers, machinery, materials, equipment used in ships
1. Containers, machinery, materials, equipment used
in ships with respect to manufacturing, assembly, import, restoration, or
conversion must comply with national technical regulations on container safety,
classification and construction of ships, ship protective equipment, lifting
gear used on board, ship pollution prevention systems. With regard to ships
operating in international routes, their containers, machinery, materials,
equipment must also comply with international treaties applicable to ships in
terms of maritime safety, security, labor and prevention of environment
pollution to which the Socialist Republic of Vietnam is a member.
2. An application for ship survey includes:
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b) 01 (one) set of technical documents (original),
including specifications and reports on inspection or test of containers,
machinery, materials, and equipment.
3. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
4. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be
instructed to complete it within the working day (directly submitted
application), or the applicant shall be instructed to complete within 02
working days from the date on which the application is received via the postal
system or the appropriate mean. In case of a sufficient application, Vietnam
Register and the applicant shall reach a consensus on the survey time at the
place required by the applicant.
5. Vietnam Register shall carry out ship survey at
the place required by the applicant. In case of compliance, a certificate shall
be issued within 03 (three) working days from the completion date; in case of
non-compliance, it shall notify the applicant.
6. The applicant for ship survey shall receive
processing results at the premises of Vietnam Register or via the postal system
or other appropriate mean.
Chapter VIII
ISSUANCE OF CERTIFICATES
OF DRILL FOR COMPANY SAFETY MANAGEMENT OFFICERS AND WELDER CERTIFICATES
Article 17. Procedures for
issuance of certificates of drill for company safety management officers
1. A holder of certificate of drill for company
safety management officers must pass a course of drill for company safety
management officers.
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a) 01 (one) application form using form No. 10 of
Appendix issued herewith;
a) 01 color photo 4 x 6 cm size of the applicant
for certificate of drill for company safety management officer taken within 06
months (with full name and date of birth in the back of the photo).
3. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
4. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be instructed
to complete it within the working day (directly submitted application), or the
applicant shall be instructed to complete within 02 working days from the date
on which the application is received via the postal system or the appropriate
mean. In case of a sufficient application, Vietnam Register and the applicant
shall reach a consensus on the time and place of drill.
5. Vietnam shall provide course of drill and
administer final exam to the applicants for certificates of drill for company
safety management officers. Within 03 (three) working days from the closing
date of the course, Vietnam Register shall issue certificates to applicants
with passed results.
6. The applicant for certificate of drill for
company safety management officer shall receive processing results at the
premises of Vietnam Register or via the postal system or other appropriate
mean.
Article 18. Procedures for
issuance of welder certificates
1. A holder of welder certificate must comply with
national technical regulation on classification and construction of ships.
2. An application for issuance of a welder
certificate includes:
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a) 01 color photo 4 x 6 cm size of the applicant
for welder certificate taken within 06 months (with full name and date of birth
in the back of the photo).
3. The applicant shall submit 01 complete
application to the Vietnam Register directly, by post or by any appropriate
mean.
4. Vietnam Register shall receive and verify the
application. In case of an insufficient application, the applicant shall be
instructed to complete it within the working day (directly submitted
application), or the applicant shall be instructed to complete within 02
working days from the date on which the application is received via the postal
system or the appropriate mean. In case of a sufficient application, Vietnam
Register and the applicant shall reach a consensus on the skill test time.
5. Vietnam Register shall hold a skill test at a
place required by the applicant. Within 03 (three) working days from the date
on which the skill test results are provided, Vietnam Register shall issue
welder certificates to applicants with passed results.
6. The applicant for issuance of welder certificate
shall receive processing results at the premises of Vietnam Register or via the
postal system or other appropriate mean.
Chapter IX
REGISTRATION OF DUTY
SHIPS, SUBMARINES, SUBMERSIBLES
Article 19. Contents of
registration of duty ships, submarines, submersibles
1. Contents of registration of duty ships,
submarines, submersibles consist of regulations in Clauses 1, 2, 3, 5, 6, 7 and
Clause 10 Article 4 of this Circular.
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Chapter X
IMPLEMENTATION
Article 20. Responsibilities
of Vietnam Register
1. Perform function of a registry of Vietnam; organize
a single registration system nationwide to carry out registration of ships as
prescribed in this Circular.
2. Formulate and request the Minister of Transport
to promulgate and implement national technical regulations on technical safety
and environment pollution prevention, maritime safety, maritime security,
maritime labor in connection with ships.
3. Formulate and request the Minister of Transport
to promulgate standards of registrars, ship auditors, provide courses of drill,
evaluation and certification of registrars, ship auditors as prescribed by the
Minister of Transport.
4. Authorize, instruct, and inspect foreign
recognized organizations to carry out survey, classification and issuance of
technical safety and environment pollution prevention certificates for Vietnam
ships operating in international routes.
5. Carry out registration of ships as prescribed in
Clause 2 Article 1 hereof upon requests of competent authorities.
6. Initiate information technology in ship
registration and manage related data, and send reports on performance of ship
registration as prescribed.
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1. Carry out survey, classification and issuance of
technical safety and environment pollution prevention certificates to ships in
accordance with Vietnam’s law, relevant international treaties to which the
Socialist Republic of Vietnam is a member and be responsible for results
thereof.
2. Conduct communication and reporting as agreed
with Vietnam Register.
3. Comply with other regulations of Vietnam’s law.
Article 22. Responsibilities
of ship owners, facilities engaging in new construction, conversion, and repair
of ships; verification and certification of facilities provide testing and
services of safety equipment testing and manufacturers in connection with
technical safety and environment pollution prevention of ships
1. Each ship owner shall comply with regulations on
ship registration upon the new construction, conversion, and repair during its
operation; ensure technical safety, maritime security, maritime labor and
environment pollution prevention at intervals of survey in accordance with
regulations of law and relevant international treaties to which the Socialist
Republic of Vietnam is a member.
2. Facilities engaging in design, new construction,
conversion, and repair of ships, facilities provide testing and services of
safety equipment testing and manufacturers in connection with technical safety
and environment pollution prevention of ships shall comply with regulations on
registration of this Circular.
Chapter XI
IMPLEMENTATION
Article 23. Entry into force
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2. The following documents shall be annulled:
a) Decision No. 51/2005/QD-BGTVT dated October 12,
2005 of the Minister of Transport on promulgation of Regulation on registration
of Vietnam sea-going ships.
b) Circular No. 32/2011/TT-BGTVT dated April 19,
2011 of the Minister of Transport on amendments to Regulation on registration
of Vietnam sea-going ships issued together with Decision No. 51/2005/QD-BGTVT
dated October 12, 2005 of the Minister of Transport.
Article 24. Implementation
Chief of the Ministry Office, the Ministerial Chief
Inspector, Directors, Director of Vietnam Register, heads of units affiliated
to the Ministry of Transport, relevant organizations and individuals shall
implement this Circular./.
MINISTER
Truong Quang Nghia
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