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