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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
71/2006/ND-CP
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Hanoi,
July 25, 2006
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DECREE
ON MANAGEMENT OF SEAPORTS AND MARINE NAVIGABLE CHANNELS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 14, 2005 Vietnam Maritime Code;
At the proposal of the Minister of Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. This Decree's provisions on marine navigation
safety, marine navigation security and environmental pollution prevention shall
apply to military ports, fishing ports, and inland ports and harbors located in
seaport waters.
Article 2.- Subjects of
application
1. This Decree shall apply to Vietnamese and
foreign organizations, individuals and vessels and specialized state management
agencies involved in investment in, construction and operation of seaports,
marine navigable channels and management of maritime shipping activities in
Vietnamese seaports.
2. Where a treaty to which Vietnam is a
contracting party contains provisions different from those of this Decree, the
provisions of such treaty shall apply.
Article 3.- Application
of laws
1. When operating in Vietnamese seaports and
marine navigable channels, all Vietnamese and foreign organizations,
individuals and vessels, and specialized state management agencies shall
strictly observe the provisions of this Decree and other relevant provisions of
Vietnamese law and treaties to which Vietnam is a contracting party.
2. In case there is an inconsistency between the
provisions of this Decree and those of other specialized legal documents of the
Government on the same issue, the provisions of this Decree shall apply.
Article 4.- Seaport
regulations
Directors of port authorities shall base
themselves on the provisions of this Decree and the specific conditions in
seaport waters and zones under their management to issue seaport regulations
after obtaining the approval thereof of the director of the Vietnam Maritime
Administration with a view to ensuring maritime safety and maritime security as
well as preventing environmental pollution caused by seagoing ships.
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In this Decree, the following terms shall be
construed as follows:
1. Seaport is an area covering port premises and
port waters where infrastructures are built and equipment is installed for
seagoing ships entering and leaving for loading and discharging cargoes,
embarking and disembarking passengers and providing other services.
2. Harbor consists of wharves, warehouses and
depots, storage yards, workshops, office buildings, service facilities, systems
of roads, information and communication, electricity and water supply, entrance
fairways, and other support constructions.
3. Wharf is a fixed structure within a harbor
which is used for seagoing ships to anchor or moor, load and discharge cargoes,
embark and disembark passengers and provide other services.
4. Offshore area for reception of vessels
(offshore oil port) is an area for seagoing ships to enter and leave, operate,
load and discharge cargoes and providing other services at offshore facilities.
5. Marine navigable channel is a water area
delimited by a system of marine navigation signals and other aids to ensure
safe navigation of seagoing ships and other water crafts. Marine navigable
channels include seaport fairways and other marine navigable channels.
6. Seaport sub-fairway is a delimited water area
from the seaport fairway to a harbor marked by a system of marine navigation
signals and other aids to ensure safe navigation of seagoing ships and other
water crafts into and out of the harbor.
7. Seaport fairway is a delimited water area
from the sea to a seaport marked by a system of marine navigation signals and
other aids to ensure safe navigation of vessels into and out of the seaport.
8. Pilot reception area is a water area where
vessels are anchored or moored to embark and disembark pilots.
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10. Storm shelter zone means a delimited area
within the seaport waters where vessels are anchored or moored for
storm-sheltering purposes .
11. Anchorage ground means a delimited area
within the seaport waters where vessels are anchored or moored before landing
at a wharf, drawing alongside petroleum vessels, entering the transshipment
zone, navigating through a channel or providing other related maritime
services.
12. Vessel turnaround area means a delimited
area within the seaport waters where vessels can turn around.
13. Transshipment zone means a delimited area
within the seaport waters where vessels are anchored or moored to transship
cargoes or passengers.
14. Vessels mean seagoing ships, warships,
public-service vessels, fishing vessels, inland water crafts, seaplanes and
other water crafts.
15. Shipowner means the ship's owner or manager,
charteree, operator or an authorized person.
16. Port premises means a delimited land area
where wharves, warehouses and depots, workshops, working offices, service
facilities, systems of roads, information and communication, electricity,
water, other aids are constructed and equipment installed.
17. Port waters means a delimited water area for
establishment of water areas in front of wharf, vessel turnaround area,
anchorage ground, transshipment zone, storm shelter zone, pilot reception area,
quarantine areas; area for construction of seaport fairways and other aids.
Chapter II
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Section 1. INVESTMENT IN AND
CONSTRUCTION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS
Article 6.- Announcement
of lists of classified seaports
The Prime Minister shall announce lists of classified
seaports at the proposal of the Minister of Transport.
Article 7.- Principles
of investment in and construction of seaports and marine navigable channels
1. All Vietnamese and foreign organizations and
individuals that invest in and construct seaports and marine navigable channels
shall strictly observe the provisions of this Decree, investment law,
construction law and other relevant laws.
2. Investment in and construction of seaports
and marine navigable channels shall comply with the approved seaport
development plan. The Ministry of Transport shall publicize the approved
seaport plan and decide on specific adjustments with respect to harbors and
wharves located in seaports which must not run counter to the functions of such
seaports defined in the master plan already approved by the Prime Minister.
3. On the basis of the approved master plan on
seaports, the announcement of forms of investment in seaports and harbors shall
be made as follows:
a/ The Prime Minister shall announce forms of
investment in grade-I seaports and particularly important harbors of grade-I
seaports;
b/ The Minister of Transport shall announce
forms of investment in harbors of grade-I seaports other than those stated at
Point a of this Clause;
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Article 8.- Supervision
of implementation of plannings and plans and construction of seaports and
marine navigable channels
1. Before making a report on investment in and
construction of a seaport, harbor, wharf, transshipment zone or marine
navigable channel, the investor shall send a written request to the Vietnam
Maritime Administration for opinion on whether the master plan on seaports is
complied with. Such written request should clearly state the necessity,
location, size and utility of the seaport, harbor, wharf, transshipment zone or
marine navigable channel. Within 5 working days after receiving the written
request of the investor, the Vietnam Maritime Administration shall issue a
written reply to the investor and report it to the Ministry of Transport or; in
case of refusal, it should clearly state the reason therefor.
2. Before constructing a seaport, harbor, wharf,
transshipment zone or marine navigable channel, the investor shall send to the
Vietnam Maritime Administration a copy of the decision on investment in and
construction of the work together with an overall ground plan, a copy of the
decision approving the construction design and the plan on assurance of marine
navigation safety.
3. The Vietnam Maritime Administration shall
direct port authorities to supervise the implementation of plannings and plans
on construction of seaports, harbors, wharves, transshipment zones and marine
navigable channels in accordance with the approved planning and on assurance of
marine navigation safety.
Article 9.- Supervision
of construction of other facilities in seaport waters
The construction of other facilities other than
those specified in Article 8 of this Decree within seaport waters shall comply
with regulations on assurance of marine navigation safety, marine navigation
security and prevention of environmental pollution, investment and
construction, and relevant laws. Before constructing a facility, the investor
shall send a copy of the investment decision and the overall ground plan of the
facility to the port authority in charge of the area where the facility is to
be constructed for the latter to supervise the construction of such facility
with a view to ensuring marine navigation safety in the area.
Section 2. ANNOUNCEMENT OF
OPENING AND CLOSURE OF SEAPORTS
Article 10.- Conditions
for announcement of the opening of seaports, decision to put harbors or wharves
to use
1. Seaports, harbors or wharves have been tested
before being put to use according to regulations.
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Article 11.- Competence
to announce the opening or closure of seaports
1. Competence to announce the opening of
seaports:
a/ The Minister of Transport shall announce the
opening of seaports;
b/ The director of the Vietnam Maritime
Administration shall decide to put harbors, wharves or transshipment zones to
use.
2. Competence to announce the closure of
seaports:
a/ The Minister of Transport shall announce the
closure of seaports;
b/ Directors of port authorities shall decide to
temporarily ban vessels from entering and leaving harbors, wharves or
transshipment zones.
Article 12.- Procedures
for announcement of the opening of seaports
1. After completing the construction of a
seaport, the investor shall send to the Vietnam Maritime Administration the
following papers:
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b/ Written record on the test for putting the
completely constructed port facility to use, enclosed with the complete
construction drawings of the ground, elevation and cross section of the port
facility. For offshore oil ports, drawings of elevations and cross sections of
port facilities are not required;
c/ Written record on the acceptance of the
investor and competent agencies or organizations of the result of survey of
obstructions on the bottom of the water area in front of the wharf, except for
offshore oil ports;
d/ NtM (Notice to Mariners) on the seaport
fairways and water area in front of the wharf, enclosed with a map. For
offshore oil ports, an NtM on the safety zone of the offshore oil port;
e/ A competent agency's certificate of the port
facility's satisfaction of environmental protection conditions;
f/ A competent agency's certificate of the port
facility's satisfaction of fire and explosion prevention and fighting
conditions.
2. Decision to announce the opening of a seaport
shall be made as follows:
a/ Within 5 working days after receiving all
valid papers specified in Clause 1 of this Article, the director of the Vietnam
Maritime Administration shall send a written request to the People's Committee
of the province or centrally run city where the port is located for comment.
Within 3 working days after receiving the opinion of the provincial/municipal
People's Committee, the Vietnam Maritime Administration shall report it to the
Ministry of Transport. Within 5 working days after receiving the written
proposal of the Vietnam Maritime Administration, the Ministry of Transport
shall decide to announce the opening of the seaport.
b/ A decision to announce the opening of a
seaport should clearly state the port's name and location, the pilot reception
area and the quarantine area; types of seagoing ships and the tonnage limit of
seagoing ships allowed to enter, operate in and leave the port. For offshore
oil ports, the decision should additionally state the limits of the safe zone
of the offshore oil port and requirements on marine navigation safety assurance
or other maritime instructions for activities of vessels.
Article 13.- Procedures
for putting harbors, wharves and transshipment zones to use
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a/ Written request for the putting of the
harbor, wharf or transshipment zone to use;
b/ Written record on the final test for putting
the completely constructed facility to use, enclosed with the complete
construction drawings of the ground, elevation and cross section of the harbor,
wharf or transshipment zone;
c/ NtM, enclosed with a map, on entrance and
exit channels of the harbor, wharf or transshipment zone; written record on the
acceptance of the investor and a competent agency or organization of the result
of survey of obstructions on the bottom of the water area in front of the wharf
or of the transshipment zone;
d/ A competent agency's certificate of the
satisfaction of the harbor, wharf or transshipment zone of environmental
protection conditions;
e/ A competent agency's certificate of the
satisfaction of the harbor, wharf or transshipment zone of fire and explosion
prevention and fighting conditions.
2. Decision to put a harbor, wharf or
transshipment zone to use
Within 5 working days after receiving all valid
papers specified in Clause 1 of this Article, the Vietnam Maritime
Administration shall decide to put the harbor, wharf or transshipment zone to
use. The decision should clearly state the name and location of the harbor,
wharf or transshipment zone, types of seagoing ships and the tonnage limit of
seagoing ships allowed to enter, operate in and leave.
Article 14.-
Announcement of the putting of other facilities to use
1. After completing the construction of a
facility other than those specified in Article 8 of this Decree, the investor
shall send a written notice, a written record on the test and take-over of the
facility or a copy of the decision or permit of a competent agency on the
putting of the facility to use to the port authority and the marine navigation
safety assurance company of the location where the facility is constructed for
the purpose of protecting the facility and ensuring marine navigation safety
for maritime shipping activities in the area. Such a written notice should
clearly state the name, location, characteristics and limits of the water area
of the facility and related technical parameters (if any), such as the width of
the navigable area, the clearance height, warning marks, time of navigation,
the depth of the facility compared to the water level "0" on the
chart, the starting or closing time of operation of the facility (if any) and
other restrictions.
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3. The marine navigation safety assurance
company shall have to issue NtMs on information details specified in Clause 1
of this Article according to regulations.
Article 15.- Closure of
seaports or temporary prohibition of vessels from entering and leaving
seaports, harbors, wharves and transshipment zones
1. For security and defense reasons or other
special socio-economic reasons, the Ministry of Transport shall decide on the
closure of seaports after consulting concerned ministries, branches and
provincial-level People's Committees.
2. For marine navigation safety or marine
navigation security assurance, environmental pollution prevention and other
emergency reasons, directors of port authorities shall decide on temporary
prohibition of vessels from entering and leaving seaports, harbors, wharves or
transshipment zones and promptly report it to concerned agencies. Directors of
port authorities shall decide to allow vessels to enter and leave seaports,
harbors, wharves or transshipment zones once the reasons for the temporary
prohibition no longer exist.
Article 16.- Procedures
for announcing seaport waters and management areas of port authorities
1. The Vietnam Maritime Administration shall
send to the Ministry of Transport the following papers:
a/ Written request for announcement of the
seaport waters;
b/ Written opinion of the concerned
provincial-level People's Committee;
c/ Chart showing the limits of the seaport
waters and management area of the port authority.
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Article 17.- Registers
of seaports and marine navigable channels
The Vietnam Maritime Administration shall
compile registers of seaports and marine navigable channels.
Section 3. MANAGEMENT, OPERATION
OF SEAPORTS AND MARINE NAVIGABLE CHANNELS
Article 18.- Principles
of management and operation of seaports
1. Vietnamese and foreign organizations and
individuals investing in and constructing seaports shall decide on forms of
management and operation of seaports.
2. Harbor and wharf infrastructures invested by
the State with state budget funds or capital originating from the state budget
may be partly or wholly offered for operating lease; other forms of management
shall be decided by the Prime Minister. Revenues from such operating lease
shall belong to the state budget, used under the provisions of the State Budget
Law and prioritized for investment in the development and management of seaport
infrastructures.
3. The selection of organizations and individuals
to operating-lease harbor or wharf infrastructures invested with state budget
funds or capital originating from the state budget shall abide by the following
principles:
a/ For harbor and wharf infrastructures already
put to use before the effective date of this Decree, it shall be decided by the
Prime Minister;
b/ For harbor and wharf infrastructures put to
use from the effective date of this Decree, it shall comply with the bidding
law.
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Article 19.- Principles
of management and operation of marine navigable channels
1. Marine navigable channels which have been
invested with state capital through a ministry, branch or locality shall be
managed and operated by such ministry, branch or locality.
2. Marine navigable channels which have been
invested with capital of an enterprise shall be managed and operated by such
enterprise.
Article 20.- Protection
of seaport facilities, marine navigable channels
1. The Ministry of Transport and concerned
ministries and branches shall coordinate with provincial-level People's
Committees in directing the protection of seaport facilities and marine
navigable channels in localities.
2. All agencies, organizations and individuals
shall have to protect seaport facilities and marine navigable channels in
accordance with the provisions of law.
Article 21.- Management
of maritime charges and fees
1. The management of maritime charges and fees
related to the management of seaports and marine navigable channels shall
comply with the provisions of law on charges and fees.
2. The Ministry of Finance shall, after
consulting the Ministry of Transport, set the levels of deduction of maritime
assurance charges collected from marine navigable channels invested and
operated by enterprises for the purpose of marine navigation safety and marine
navigation security assurance and environmental pollution prevention.
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MARITIME SHIPPING
ACTIVITIES IN SEAPORTS AND MARINE NAVIGABLE CHANNELS
Section 1. PROCEDURES FOR
FOREIGN VESSELS TO ARRIVE AT SEAPORTS
Article 22.- General
requirements on vessels entering seaports
1. Foreign vessels of all types, regardless of
their size, flag state and use purpose, may enter a seaport only when they satisfy
all safety, security, environmental pollution prevention and other conditions
as provided for by law.
2. Foreign vessels of all types may enter only
seaports which have been announced and harbors and wharves which have been
permitted to be put to use for cargo loading and discharge and passenger
embarkation and disembarkation.
Article 23.- Procedures
of application for permission for vessels of some specific types to arrive at
seaports
1. For foreign warships, procedures shall be
carried according to the Government's regulations on operation of foreign
warships visiting the Socialist Republic of Vietnam.
2. For foreign vessels propelled by nuclear
power and ships carrying radioactive substances, the Prime Minister shall make
decision to permit their arrival at the proposal of the Minister of Transport.
3. For foreign vessels visiting Vietnam at the
official invitation of the Government of the Socialist Republic of Vietnam,
particular procedures shall be carried out.
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Section 2. PROCEDURES FOR
VESSELS TO ARRIVE AT AND DEPART SEAPORTS
Article 24.-
Notification on vessels' arrival at seaports
Before the expected time of arrival at a
seaport, the ship's owner, manager, operator or an authorized person
(hereinafter collectively referred to as procedure-completing person) shall
send to the port authority of the seaport of arrival a notice on the vessel's
arrival at the seaport:
1. Contents of the notice:
a/ Name, flag state, call sign and registration
place of the vessel and name of the shipowner;
b/ Length, breadth, height and draft of the ship
when arriving at the port;
c/ Gross tonnage, gross deadweight, volume and
kinds of cargoes on board;
d/ Numbers of crew, passengers and other persons
on board;
e/ Name of the previous port of call and the
expected time of arrival at the port;
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For foreign vessels visiting Vietnam under the
provisions of Article 23 of this Decree, upon arrival at Vietnam, the permit or
written approval of a relevant competent Vietnamese agency must be presented;
g/ Name of the shipowner's agent in Vietnam (if
any);
Procedure-completing persons may use the form
"General Declaration" included in Appendix I to this Decree for
notification of the vessel's arrival at the port.
2. Time of notification
a/ For vessels of all types, except vessels
specified at Point b of this Clause, at least 8 hours before the expected time
of arrival.
b/ For vessels to arrive at a Vietnamese port
for the first time, warships, sea-going ships propelled by nuclear power, ships
carrying radioactive substances on board, and vessels visiting Vietnam at the
official invitation of the Government of the Socialist Republic of Vietnam, at
least 24 hours before the expected time of arrival at the port.
Article 25.-
Confirmation of vessels' arrival at seaports
1. At least 2 hours before the expected time of
arrival at the pilot reception area, the procedure-completing person shall
confirm the exact time of arrival to the concerned port authority. If there are
sick persons, dead persons, persons rescued from the sea or immigrants on
board, at this last confirmation, the shipowner shall notify the names, ages,
nationalities, illness conditions or causes of death and other relevant
requests.
2. For vessels on entry, after receiving the
confirmations of the procedure-completing person, the concerned port authority
shall immediately notify its arrival to other specialized state management
agencies for coordination.
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1. Directors of port authorities shall be
responsible for designating the positions of anchorage or moorage of vessels in
the port waters within 2 hours after receiving the notifications that the
vessels have arrived at the pilot reception point. For vessels on entry,
immediately after maneuvering a vessel to enter the port, the port authority
shall also have to inform other specialized state management agencies of the
designated time and position of anchorage or moorage of the vessel in the port.
2. Directors of port authorities shall base
themselves on the vessel type and size, kinds of cargoes, wharf conditions and
the port's management plan to designate the positions of anchorage or moorage
of vessels for cargo loading and discharge and passenger embarkation and
disembarkation. Only directors of port authorities shall be entitled to change
the positions of anchorage or moorage already designated for vessels.
Article 27.- Venues,
time limits and papers for completion of procedures for vessels to enter
seaports
1. For Vietnamese vessels operating along
domestic routes:
a/ Venue for processing procedures: head office
or representative office of the port authority;
b/ Time limit for ship owners to complete
procedures: Within 2 hours after the vessel has been anchored or moored at the
wharf or 4 hours after the vessel has anchored or moored in other positions in
the port waters;
c/ Time limit for port authorities to complete
procedures:
- For seagoing ships: Within 1 hour after the
ship owner has submitted and presented all of the following valid papers:
+ Papers to be submitted (originals):
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. 01 crew list;
. 01 passenger list (if any);
. Port clearance permit issued by the
previous port of call.
+ Papers to be presented (originals):
. The vessel registration certificate;
. The vessel's technical safety
certificates as prescribed;
. The crew book;
. Crew's professional certificates as
prescribed.
+ For vessels of other types, papers to be
submitted and presented shall comply with relevant provisions of law.
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2. For Vietnamese and foreign vessels on entry:
a/ Venue for processing procedures: Head office
or representative office of the port authority, except for cases specified at
Point b of this Clause.
b/ Cases where procedures are processed on
board:
- Passenger ships;
- Where there are sufficient grounds to doubt
the truthfulness of the ship owner's quarantine declaration or the vessel's
previous port of call is located in areas affected by human, animal or plant
epidemics, concerned state management agencies shall complete procedures in the
quarantine area.
In both cases, specialized state management
agencies shall immediately inform the port authorities and ship owners thereof.
c/ Time limit for procedure-completing persons
to complete procedures: Within 02 hours after the vessel has been safely
anchored or moored in the position designated by the director of the port
authority;
d/ Time limit for specialized state management
agencies to complete procedures: Within 1 hour after the procedure-completing
person has submitted and presented all of the following valid papers:
- Papers to be submitted (originals):
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+ 03 crew lists, to be submitted to the port
authority, the border guard and the border-gate customs authority;
+ 01 passenger list (if any), to be submitted to
the border guard;
+ 01 cargo declaration, to be submitted to the
border-gate customs authority;
+ 02 dangerous cargo manifests (if any), to be
submitted to the border-gate customs authority and the port authority;
+ 01 ship's stores declaration, to be submitted
to the border-gate customs authority;
+ 01 crew's effects declaration, to be submitted
to the border-gate customs office;
+ 01 health quarantine declaration, to be
submitted to the international medical quarantine office;
+ 01 plant quarantine declaration (if any), to
be submitted to the plant quarantine office;
+ 01 animal quarantine declaration (if any), to
be submitted to the animal quarantine office;
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- Papers to be presented (originals):
+ The vessel registration certificate;
+ The vessel's technical safety certificates;
+ Crew's professional certificates as
prescribed.
+ Crew's passports, the crew book;
+ Crew's international vaccination certificates;
+ Papers related to cargoes on board;
+ The health quarantine certificate;
+ The plant quarantine certificate (if any);
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+ The certificate of insurance for the
shipowner's civil liability for environmental pollution, for vessels
specializing in transporting petroleum, petroleum products and other hazardous
cargoes;
+ Passports and international vaccination
certificates of passengers (if any, upon the request of relevant specialized
state management agencies).
Particularly for vessels of a deadweight of 200
DWT or less operating under the flag of a country bordering on Vietnam, when
they arrive at a seaport in the border area between Vietnam and such country,
they shall be exempt from the papers specified in this Clause according to
regulations of the Minister of Transport.
3. Specialized state management agencies may
request shipowners to submit and present papers related to their management
functions which are specified at Point d, Clause 2 of this Article and shall
immediately notify the port authorities of the completion of procedures; in
case they cannot complete procedures yet, they shall state the reasons therefor
and the mode of settlement.
4. Vessels that have completed entry procedures
at a Vietnamese port shall not be required to complete entry procedures
specified in Clause 2 of this Article when they call at another port. The port
authority of the subsequent port of call shall base itself on the port
clearance permit issued by the port authority of the previous port of call and
the general declaration of the procedure-completing person to decide to permit
the vessel to operate in the port; other specialized state management agencies
shall base themselves on the port transfer dossier (if any) supplied by the
corresponding agencies in the previous port of call to perform their management
duties according to the provisions of law.
5. Procedures for foreign warships and other
foreign vessels visiting Vietnam at the invitation of the Government of the
Socialist Republic of Vietnam shall comply with separate regulations.
Article 28.-
Notification on vessels' departure from seaports
1. At least 02 hours before a vessel departs
from a port, the procedure-completing person shall notify the port authority of
the name of the vessel and the expected time of departure.
2. For vessels on exit, immediately after
receiving the notification of the procedure-completing person, the port
authority shall immediately notify concerned specialized state management
agencies thereof for timely completion of exit procedures for the vessel.
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1. For Vietnamese vessels operating along
domestic routes:
a/ Venue for processing procedures: Head office
or representative office of the port authority;
b/ Time limit for shipowners to complete
procedures: At least 2 hours before the vessel departs from the port;
c/ Time limit for port authorities to complete
procedures: Within 1 hour after the shipowner has submitted and presented all
the following valid papers:
- Papers to be submitted (originals): 01 general
declaration.
- Papers to be presented (originals):
+ The vessel's certificates and crew's
professional certificates (if there is any change compared to the time of
arrival);
+ Papers certifying the payment of charges,
fees, fines or debts as prescribed by law.
d/ Procedures specified in this Clause for
Vietnamese vessels operating along domestic routes to arrive at ports shall be
completed by port authorities.
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a/ Venue for processing procedures: Head office
or representative office of the port authority;
Particularly for passenger ships, procedures may
be processed on board by specialized state management agencies only.
b/ Time limit for procedure-completing persons
to complete procedures: At least 02 hours before the vessel departs from the
port. Particularly for passenger ships and vessels operating along fixed
routes, no later than immediately before the vessel departs from the port;
c/ Time limit for specialized state management
agencies to complete procedures: Within 1 hour after the procedure-completing
person has submitted and presented all the following valid papers:
- Papers to be submitted (originals):
+ 03 general declarations, to be submitted to
the port authority, the border guard and the border-gate customs authority;
+ 03 crew lists (if there is any change compared
to the time of arrival), to be submitted to the port authority, the border
guard and the border-gate customs authority;
+ 01 passenger list (if there is any change
compared to the time of arrival), to be submitted to the border guard;
+ 01 ship's stores declaration, to be submitted
to the border-gate customs authority;
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+ 01 passenger's effects declaration, to be
submitted to the border-gate customs office; particularly for effects of
passengers on board foreign passenger ships arriving at and departing from the
port on the same voyage, customs declaration shall not be required;
+ Other papers already issued by specialized
state management agencies to the vessel, crew and passengers (for withdrawal).
- Papers to be presented (originals):
+ The vessel's certificates (if there is any
change compared to the time of arrival);
+ Crew's professional certificates (if there is
any change compared to the time of arrival);
+ Crew's and passengers' passports;
+ Crew's and passengers' international
vaccination certificates (if there is any change compared to the time of
arrival);
+ The health quarantine certificate (f any);
+ The animal quarantine certificate or the
animal product certificate (if any);
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+ Papers certifying the payment of charges,
fees, fines or debts (if any) according to the provisions of law.
Article 30.- Venues,
time limits and papers for completion of procedures for vessels on entry and
exit at offshore oil ports
1. Venues, time limits and papers shall comply
with Article 27 and Article 29 of this Decree. The time limit for completion of
procedures for vessels on entry and exit at offshore oil ports shall be deemed
to expire when the shipowner's agent submits all papers as prescribed to
specialized state management agencies at the head office of the port authority.
2. Papers specified in Clause 1 of this Article
shall be submitted and presented in the following order:
a/ Upon entry, procedure-completing persons
shall fax to the port authority the following papers:
- 01 general declaration;
- 01 crew list;
- 01 certificate of insurance for the
shipowner's civil liability for oil pollution.
b/ When the port authority receives all papers
specified at Point a of this Clause, it shall issue a port clearance permit to
the ship through the shipowner's agent, who shall sign for certification of the
receipt of such port clearance permit;
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3. The provisions of this Article shall also
apply to foreign vessels completing entry or exit procedures in the Vietnamese
offshore waters for carrying out oil and gas prospecting, exploration and
exploitation activities, providing petroleum services or building marine
facilities.
Article 31.- Conditions
for vessels to depart from seaports
1. Vessels may depart from a port only after
having completed procedures specified in Article 29 of this Decree and be
issued a port clearance permit by directors of port authorities, except for
cases specified in Clause 2 and Clause 3 of this Article.
2. Directors of port authorities shall not issue
port clearance permits to vessels in the following cases:
a/ The vessel fails to meet necessary
seaworthiness conditions related to its hull, equipment, complement and
professional competence of crew, food provisions and fuel;
b/ The vessel's actual draft is higher than the
permitted load line or the vessel is heeled by over 8 degree in the free
floating state or its hull is not watertight;
c/ The vessel carrying bulky cargoes, grains or
extra-long, extra-heavy cargoes, dangerous cargoes, deck cargoes lacks
necessary security measures as required for the transportation of such cargoes;
d/ The vessel has not yet been repaired to fully
meet conditions on marine navigation safety, marine navigation security and
environmental pollution prevention as requested by the port authority, maritime
inspectorate or seagoing ship registry body;
e/ Other threats to the safety of the vessel and
persons, cargoes on board or to the marine environment are detected;
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3. In case a vessel has been issued a port
clearance permit but it still stays in the port for more than 24 hours counting
from the date of receipt of such permit, it shall have to re-fill procedures
for departure from the port.
4. If the vessel shall temporarily stay in the
port for no more than 12 hours, the shipmaster shall have to notify the port
authority thereof. The port authority shall coordinate with specialized state
management agencies in completing arrival and departure procedures for the
vessel at the same time.
Article 32.- Foreign
vessels in transit
1. Procedures of application for permission,
notification and confirmation:
a/ Procedures of application for permission:
- At least 12 hours before the expected time of
arrival at the anchorage area for transit, the procedure-completing person
shall send to the port authority in charge of such area an application for
permission for transit as prescribed in Clause 1, Article 24 of this Decree.
- Within 2 hours after receiving the application
for permission specified at Point a of this Clause, the port authority shall
grant a permit for transit according to a set form; in case of refusal, it
shall issue a written reply, clearly stating the reason therefor.
b/ Notification and confirmation:
The notification and confirmation shall be
effected in accordance of the provisions of Articles 24, 25 and 28 of this
Decree.
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a/ Venues and time limits for completion of
procedures shall comply with the provisions of Article 27 and Article 29 of
this Decree.
b/ At least 2 hours before making the transit,
the procedure-completing person shall submit and produce to the port authority
in charge of the anchorage area the following papers:
- Papers to be submitted (originals):
+ 01 general declaration;
+ 01 crew list;
+ 01 passenger list (if any);
+ 01 cargo declaration (if any);
- Papers to be presented (originals):
+ The vessel's registration certificate;
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+ Crew's professional qualification
certificates;
+ Crew's passports and the crew book;
+ The certificate of insurance for the
shipowner's civil liability for environmental pollution, for vessels
specializing in transporting oil, oil products and other dangerous cargoes;
+ Passengers' passports (if any).
3. Immediately after issuing a permit for
transit, made according to a set form, the port authority shall notify other
concerned authorities of ports related to the transit route, the border guard
and customs authorities and other specialized state management agencies thereof
for coordination in managing transit activities of vessels.
Article 33.- Working
time for completion of procedures
Specialized state management agencies in
seaports shall complete procedures for vessels entering and leaving ports
around the clock all days, including weekends and holidays.
Article 34.- Form of
declaration
1. Declaration for completion of procedures for
vessels entering and leaving seaports or in transit shall be made according to
set forms.
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Section 3. USE OF MARITIME
PILOTS
Article 35.- Cases of
exemption from maritime pilotage
1. Foreign vessels of a gross tonnage of under
100 GT.
2. Vietnamese vessels of a gross tonnage of
under 2,000 GT.
3. For vessels whose masters are Vietnamese
citizens possessing a maritime pilotage certificate and a maritime pilotage
area certificate relevant to the vessels type and the maritime pilotage area
where the vessels are operating, such masters may steer their vessels without a
pilot, provided that such steering shall be notified in advance to the
concerned port authorities.
4. Masters of vessels specified in Clauses 1, 2
and 3 of this Article may request a pilot to steer their vessels if deeming it
necessary.
Article 36.- Time of
provision of pilots
1. At least 6 hours before the expected time of
receiving a pilot aboard, the shipmaster, the ship owner's agent or the ship
operator shall send a request for the service of a pilot to the pilotage
organization; this time limit may be shorter in emergency cases to prevent
marine accidents. If wishing to change the time of reception of a pilot or to
cancel the request for the service of a pilot, this should be notified to the
pilotage organization at least 3 hours before the expected time of reception of
the pilot aboard.
2. Pilots shall have to wait at the agreed place
for no more than 4 hours, counting from the expected time of reception aboard;
past this time limit, the request for the service of a pilot shall be deemed to
have been canceled and the requester shall have to pay a charge for the waiting
time according to regulations.
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Section 4. OPERATIONS OF
VESSELS IN SEAPORT WATERS
Article 37.-
Requirements on operation of vessels
1. Maneuver orders issued directors of port
authorities with respect to operations of vessels in seaports shall all be
obeyed in a prompt, accurate and full manner. After receiving a maneuver order,
if deeming that there are insufficient conditions for executing it forthright,
the shipmaster shall have to report it to the port authority for timely
handling. Without orders of directors of port authorities, seagoing ships shall
not be permitted to maneuver, anchor, moor or change their position within
marine navigable channels, water areas in front of wharves and other restricted
areas prescribed by directors of port authorities.
2. When operating in Vietnamese seaport waters,
all vessels shall have to observe the Regulations for Preventing Collisions at
Sea.
3. When vessels operate in the seaport waters,
shipmasters shall have to comply with the following provisions:
a/ Maintaining contact with port authorities
through VHF devices on the notified channel;
b/ Fully observing regulations on the limit
speed when passing through channels, warning signals, lookout regime and other
regulations. Taking initiative in moving at a safe speed when passing through
areas where underwater activities, activities of dredging, laying marking
buoys, recovery and salvage activities, fishery activities are taking place or
when passing by other vessels being anchored or maneuvering in such areas;
c/ Outside the prescribed hours, vessels must
not pass narrow channels, areas subject to restricted passage or beneath
high-voltage power lines when the height of vessels exceeds the clearance
height;
d/ Anchor gear and other similar equipment must be
constantly kept ready for quickly executing shipmaster's orders;
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f/ Observing regulations on the assistance of
tugboats in the port waters. Depending on the practical conditions and for the
purposes of ensuring marine navigation safety in the areas, directors of port
authorities shall specify the number and capacity of tugboats to assist
seagoing ships in the port waters.
4. Apart from complying with the provisions of
this Article, shipmasters or commanders of vessels specializing in dredging
channels, installing navigation signals, exploiting sand, conducting surveys or
measurements, or operators of pile-driving machines, floating cranes and other
equipment shall have to apply for permission of the port authorities in charge
of the areas concerned when carrying out activities in the port waters. While
carrying out such activities, necessary warning signals must be displayed and
all instructions of the port authorities observed.
5. Before entry procedures for the vessel to
enter the port are completed and after exit procedures for the vessel to leave
the port are completed, persons on board are prohibited from contacting persons
other than the pilot and staff on duty who are carrying out procedures on board
Article 38.-
Requirements on the anchorage or moorage of vessels
1. When a vessel is drifted or shifted from its
position of anchorage or moorage due to objective causes, appropriate handling
measures must be promptly taken and port authorities notified thereof.
2. When a vessel has been safely anchored or
moored in the designated position, its main engine must be constantly kept
ready to operate when necessary. On the deck and at the sides of vessels, there
must be lights for use at night or when visibility is restricted. Appropriate
warning signals, either signs or sound signals, must be sufficiently maintained
at any point of daytime or in different weather conditions.
3. Non-self-propelled and other rudimental water
crafts may be anchored or moored only in areas separately reserved for them and
in the course of anchorage or moorage, there must be adequate manning and
tugboats of an appropriate capacity on duty and ready to maneuver such crafts
when necessary.
Article 39.-
Responsibilities of port enterprises
1. To arrange positions for vessels to anchor or
moor and move and notify port authorities thereof.
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a/ To keep the wharf clear of any other crafts
that might obstruct vessels from landing at the wharf. The part of the wharf
reserved for a vessel to land at shall be at least 20 meters longer than the
overall length of the vessel.
b/ The wharf must be sufficiently lighted at
night and clear of any objects on its surface which might obstruct or cause
danger to the anchorage and moorage of vessels or other ordinary activities of
crew and passengers;
c/ To arrange skilled workers to tie and untie
mooring lines. Bollards must be made ready for quickly and safely tying and
untying mooring lines. At positions for tying and untying mooring lines
appropriate signs must be shown (red flags at daytime and red lights at
nighttime);
d/ The wharf shall be completely prepared at
least 1 hour before the expected time of anchorage or moorage for vessels
coming from the sea or at least 30 minutes for vessels changing their positions
within the port waters;
e/ To ensure security and order conditions at
the wharf area for cargo loading and discharge and passenger embarkation and
disembarkation.
Article 40.- Drawing
alongside vessels
1. Port authorities may permit vessels to draw
alongside one another only after obtaining the agreement of shipmasters
concerned and ensuring the following principles:
a/ Seagoing ships of a gross tonnage of 1,000 GT
or more each may draw alongside by twos. Vessels of other types may draw
alongside by threes, provided that they shall not obstruct normal activities in
seaport fairways and water areas in front of the wharf. Director of port
authorities shall base themselves on marine navigation safety assurance
conditions to permit vessels to draw alongside one another in manners not
stipulated herein;
b/ Vessels of a bigger size shall not be allowed
to draw alongside vessels of smaller size from outside;
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d/ Only vessels supplying water, oil, food
provisions, equipment and other provisions, pilot vessels, fire-extinguishing
vessels, vessels transshipping passengers from passenger ships or similar
service vessels may draw alongside passenger ships.
2. Shipmasters must use appropriate kinds of
mooring lines for mooring their vessels. Mooring lines must not be tied around
beams, frames or other structures of port facilities not designated for mooring
vessels.
Article 41.-
Watch-keeping when vessels operating in ports
1. While vessels operating in a port,
shipmasters must arrange look-outs who are ready to deal with the drifting of
anchors, broken mooring lines or too stretched or too slack mooring lines; and
at the same time constantly keep engines, life-saving and fire-extinguishing
devices and stand-by emergency equipment in the ready-to-operate state.
2. On board a vessel anchored or moored at the
wharf, two thirds of crewmen must be maintained and on board a vessel anchored
or moored elsewhere in the port waters one third of crewmen must be maintained
in sufficient appropriate posts who are able to maneuver the vessel or deal
with emergency cases.
3. Directors of port authorities shall have to
keep shipmasters informed of changes in geographical and hydrological
conditions, storms and of necessary preventive measures to be taken in the
seaport zones where their vessels are operating.
4. When a storm is imminent, vessels shall all
quickly move to storm-sheltering areas designated by directors of port
authorities.
Article 42.- Procedures
for detention of seagoing ships
1. Directors of port authorities shall issue
decisions to detain seagoing ships in the cases specified in Clause 1, Article
68 of the Vietnam Maritime Code. Such a decision shall be immediately forwarded
to the shipmaster, the Vietnam Maritime Administration and concerned state
management agencies in the seaport.
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a/ Name and flag state of the ship to be
detained;
b/ Reasons for the detention of the ship;
c/ Time of commencement of the detention;
d/ Requests to be complied with;
e/ Other details related to the detention of the
ship.
3. Upon receiving the decision to detain the
ship issued by the director of the port authority, the shipmaster, shipowner or
ship operator shall have to comply with requests specified at Point d, Clause 2
of this Article.
4. After the reason for detention of a seagoing
ship no longer exists, the director of the port authority shall have to issue a
decision to terminate the detention of the ship and send it to the shipmaster,
the Vietnam Maritime Administration and state management agencies in the
seaport.
5. A decision to terminate the detention of a
seagoing ship shall include the following details:
a/ Name and flag state of the detained ship;
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c/ Other details related to the termination of
the detention of the ship.
Section 5. SALVAGE AND
HANDLING OF MARINE ACCIDENTS
Article 43.- Obligation
to salvage
1. To rescue persons and salvage vessels
involved in accidents in seaports is the compulsory duty of all organizations,
individuals, vessels and other crafts currently operating in seaports.
2. When detecting an accident or the threat
thereof, the detecting person shall immediately emit SOS signals as prescribed
and take appropriate salvage and preventive measures to rescue persons, salvage
property and limit losses.
3. When an accident occurs, the shipmasters of
vessels involved in the accident and shipmasters of other vessels shall
immediately organize search and rescue of persons whose life is in danger and
urgently take necessary measures to rescue persons and salvage vessels and
cargoes. Less damaged vessels must assist more seriously damaged vessels even
though the accident is not caused by their fault.
4. Directors of port authorities shall be
entitled to mobilize all forces, port equipment, vessels and other crafts
available in the ports to rescue persons and salvage vessels in distress. All
related organizations and individuals shall be obliged to obey orders of
directors of port authorities when participating in rescuing persons and
salvaging vessels in distress.
Article 44.-
Responsibility to report on marine accidents
Shipmasters shall be obliged to report to
directors of port authorities on marine accidents and incidents occurring to
their vessels or other marine accidents and incidents as well as failures and
malfunctions of the marine navigation signal system in port waters, if
detected.
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Article 45.- Flying of
flags on board vessels
1. The flying of flags on board vessels
operating in ports is prescribed as follows:
Foreign vessels shall fly the national flag of
the Socialist Republic of Vietnam at the top of the highest mast on board from
sunrise to sunset.
Particularly for Vietnamese vessels, the
national flag of the Socialist Republic of Vietnam shall be flown at the mast
at the stern.
2. On the National Day of the Socialist Republic
of Vietnam or when a head of state is paying a visit to the port, all vessels
berthing in the port shall, at the request of the director of the port
authority, fly the flag in ceremony.
3. Foreign vessels, when wishing to fly their
flags in ceremony, at half-mast or blow the whistle on the occasion of their
national ceremonies, shall have to notify in advance the port authorities
thereof.
4. Directors of port authorities may exempt some
rudimentary water crafts operating in port waters from flying the national
flag.
5. The flying of the national flag mentioned in
Clause 1 of this Article on board warships visiting Vietnam at the official
invitation of the Government of the Socialist Republic of Vietnam shall comply
with the provisions of Vietnamese law.
Article 46.- Ladders
and mooring lines
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2. Mooring lines must be protected against rats
as prescribed.
Article 47.- Safety,
order and sanitation on board vessels
1. All vessels must have their names or numbers
and places of registration displayed as prescribed.
2. Shipmasters shall have to ensure safety,
order and sanitation on board their vessels in accordance with the provisions
of Vietnamese law.
3. When a vessel is anchored or moored the port
water, apart from crewmen in the vessel's complement and passengers carried on
board, only persons on duty designated by competent agencies or organizations
may embark the vessel; for foreign vessels, an embarkation permit issued by the
port's border guard is additionally required. Shipmasters shall be held
responsible if they let persons not on duty embark their vessels.
4. When a vessel is anchored or moored in the
port waters, the following acts shall be banned:
a/ Blowing the whistle or using electric
loudspeakers for communication, except for the case of emitting SOS signals or
blowing the whistle under the order of the director of the port authority;
b/ Scrapping the funnel or discharging black
smoke;
c/ Cleaning cargo holds or the deck, causing
environmental pollution;
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e/ Throwing or dumping rubbish or other articles
from the vessel into the water or onto the wharf;
f/ Scattering equipment and property on the
wharf;
g/ Removing rust and painting the vessel,
causing environmental pollution;
h/ Carrying out repairs, testing engines or the
whistle without permission of the port authority;
i/ Use life-saving and fire-extinguishing
devices for improper purposes;
j/ Swimming or causing disorder in the port.
Article 48.- Dumping of
rubbish and discharge of waste water and ballast water
1. Vessels, while under way in a port, shall
have to dump rubbish, pump out dirty water and ballast water according to
regulations and instructions of the port authority.
2. Port enterprises or vessel cleaning
service-providing organizations and units in a port shall have to arrange
facilities for reception of rubbish and dirty water discharged from vessels and
be entitled to collect service charges as prescribed.
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Only when approved in writing by directors of
port authorities, sports competitions, military exercises and other similar
activities may be organized in the seaport waters in accordance with the
provisions of Vietnamese law.
Article 50.-
Transportation of persons and cargoes and fishery activities in the seaport
waters
1. Vessels transporting persons and cargoes in
the seaport waters shall have to observe relevant provisions of law.
2. The placement of bottom fish traps, fishing
and culture of aquatic resources in the seaport waters shall comply with
relevant provisions of law and be permitted by directors of port authorities.
Article 51.-
Responsibilities of shipmasters in cargo loading and discharge, repair and
cleaning of vessels
1. Before carrying out activities of loading and
discharging cargoes, repairing and cleaning vessels, shipmasters shall be
responsible for preparing necessary conditions for ensuring marine navigation
safety and labor protection and strictly observe relevant provisions of law.
2. Shipmasters may permit the shut-up of cargo
holds or allow somebody to go into cargo holds after checking and making sure
that no incident shall occur.
3. In the course of cargo handling, if detecting
unsafe signs, shipmasters or persons in charge of cargo handling shall
immediately suspend the work and deal with them.
4. When a labor accident occurs on board a
vessel, the shipmaster shall quickly organize the render of first aid to the
victim(s), take necessary measures to restrict its consequences, immediately
notify the port authority concerned thereof and implement relevant provisions
of law.
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1. Directors of port enterprises shall have to
organize and direct activities of the port guard force in accordance with
relevant provisions of law and the practical conditions of the ports managed
and operated by their enterprises.
2. Depending on management requirements,
specialized state management agencies in charge of border guard and customs in
seaports may use port gates in service of the performance of their duties after
reaching agreement thereon with port enterprises.
3. All persons and means, once permitted to
operate in the port premises, shall have to fully observe all relevant
provisions of Vietnamese law.
Section 7. FIRE AND
EXPLOSION PREVENTION AND FIGHTING AND PREVENTION OF ENVIRONMENTAL POLLUTION
Article 53.-
Responsibilities of port enterprises and vessels for fire and explosion
prevention and fighting
1. Shipmasters of vessels operating in seaports
shall be obliged to observe, and supervising the observance, of regulations on
fire and explosion prevention and fighting.
2. Fire and explosion prevention and fighting
equipment of seaports and vessels must be constantly kept in the
ready-to-operate state and located at prescribed places.
3. At all places prone to fire and explosion or
in other areas and locations in seaports and on board vessels there must be
warning signs or instructions as prescribed by law.
4. All persons on duty at places prone to fire
or explosion on board vessels and in seaports must be adequately trained in
fire and explosion prevention and fighting skills.
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a/ Making ready all fire-extinguishing and
explosion-preventing equipment;
b/ Securely closing all doors at the side along
which the fuel-supplying vessel draws;
c/ Observing all technical safety processes and
rules when receiving fuel;
d/ Arranging person on duty on the deck and at
the fuel reception place.
6. It is strictly prohibited to use fire and
explosion prevention and fighting equipment of ports and vessels for improper
purposes.
7. It is strictly prohibited to perform
spark-emitting work on the deck, in cargo holds or engine cabins without
permission of port authorities.
8. For fuel reception, it is strictly prohibited
to do the following:
a/ Letting another vessel draw alongside;
b/ Pumping fuel through pipes, hoses or joints
not up to technical standard;
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9. Before granting permission for repair and
cleaning of vessels or other maritime shipping activities in the port waters
which are deemed likely to affect fire and explosion prevention and fighting
plans, directors of port authorities must consult expertise opinions of local
specialized fire and explosion prevention and fighting departments.
Article 54.-
Coordination in fire and explosion prevention and fighting in seaports
1. Directors of port authorities shall have to
collaborate with specialized fire and explosion prevention and fighting
agencies in the areas under their management in making necessary fire and
explosion prevention and fighting plans for vessels operating in such areas
according to relevant regulations.
2. Directors of port authorities shall be
responsible for commanding activities of salving vessels involved in a fire or
explosion in the port waters till competent commanders of specialized fire and
explosion prevention and fighting forces come to the scene.
3. Directors of port enterprises shall be
responsible for commanding activities of coping with fires and explosions in
the port premises till competent commanders of specialized fire and explosion
prevention and fighting forces come to the scene.
Article 55.-
Requirements for oil vessels and other dangerous cargo vessels
Apart from relevant provisions of law on
prevention of environmental pollution, all oil vessels and other dangerous
cargo vessels, when operating in seaports, shall also have to strictly comply
with the following requirements:
1. Two vessels are prohibited from drawing along
side one another while they are loading or discharging inflammable or explosive
cargoes, except for the case of supplying fuel from one vessel to another or of
transshipment.
2. All oil or other dangerous cargo vessels may
load or discharge cargoes at designated places. All vessels mentioned in this
Clause are also prohibited from anchoring or mooring at places not designated
for them.
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4. The loading, discharge and preservation of
inflammable and explosive cargoes or other dangerous cargoes shall strictly
comply with current technical safety processes and rules.
5. When devices for pumping petroleum, petrol,
oil, liquefied gas or oil sludge are fitted together, shipmasters and related
parties shall have to appoint their representatives for inspection and
supervision.
6. Upon the occurrence of an incident or
accident related to oil pumping or loading or discharge of other dangerous
cargoes, shipmasters shall immediately stop the oil pumping, loading or
discharge of such cargoes and promptly apply measures to prevent its
consequences; at the same time they shall immediately report such incident or
accident to the port authority and concerned functional agencies for
coordination.
Article 56.-
Requirements on prevention of environmental pollution
1. All organizations, individuals and vessels,
when operating in seaports, shall be obliged to comply with the provisions of
law on prevention of environmental pollution.
2. Apart from the provisions of Clause 1 of this
Article, vessels operating in seaports shall also comply with the following
requirements:
a/ All vessels' valves and equipment through
which hazardous substances may leak out must be securely shut up, put back to
the inoperative state, be lead-sealed up, with notice boards shown at their
places. The removal of seals from or the pumping of waste matters and dirty
water through valves or equipment mentioned in this Clause shall be subject to
approval of directors of port authorities and carried out under the supervision
of staff of such port authorities;
b/ Before pumping dirty water, oily waste water
or other hazardous substances through pipelines laid on deck, all drain holes
on deck must be securely covered up and trays must be placed under the joints
of the pipelines to collect any leakage;
c/ All activities related to the pumping and
discharge of oil or other hazardous substances shall be recorded in detail in a
particular diary ready for presentation to officers of competent Vietnamese
agencies when necessary.
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1. The reporting of environmental pollution
incidents occurring in seaports shall comply with the provisions of law.
2. Apart from the provisions of Clause 1 of this
Article, all vessels operating in seaports shall have to comply with the
following requirements:
a/ If detecting a threat or an act of causing
environmental pollution, to immediately report it to the port authority; at the
same time, to clearly record in the log book the time, location and
characteristics of such environmental pollution incident.
b/ If the environmental pollution incident
originates from one's own vessel, to immediately apply measures to effectively
respond to the incident, and at the same time, report it to the port authority.
Chapter IV
COORDINATION OF
ACTIVITIES OF SPECIALIZED STATE MANAGEMENT AGENCIES IN SEAPORTS
Article 58.- Principles
of coordination of management activities
1. Specialized state management agencies in
seaports, when performing their duties, must observe the provisions of law, not
cause any troubles affecting activities of port enterprises, shipowners,
vessels and other organizations and individuals in seaports. Port authorities
shall be responsible for coordinating activities among specialized state
management agencies in seaports.
2. Specialized state management agencies in
seaports shall have to closely coordinate with one another when performing
their duties in order to create favorable conditions for port enterprises,
shipowners, cargo owners, vessels and other related organizations and
individuals to operate in a safe and effective manner.
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4. Only when the procedure-processing venue is
on board a vessel as provided for at Point b, Clause 2, Article 27 and Point a,
Clause 2, Article 29 of this Decree or in other special circumstances decided
by directors of port authorities, who shall take responsibility for such
decisions, shall specialized state management agencies establish a
procedure-completing team headed by a representative of the port authority and
joined by one officer from each of specialized state management agencies;
particularly for passenger ships, in order to quickly complete procedures,
specialized state management agencies in charge of border guard and customs may
appoint more officers to join the team, provided that the number of such
officers is approved by the director of the port authority. If it is
unnecessary to get aboard a vessel, specialized state management agencies may
not appoint their officers to join the procedure-completing team mentioned in
this Clause but they shall have to promptly report to the port authority on the
result of clearance of procedures at their offices.
5. When a specialized state management agency
encounters a problem beyond its settling competence, it shall promptly report
the problem to its superior agency for immediate settlement. If deeming it
necessary, the concerned ministry and branch shall have to work with the
Ministry of Transport in settling the problem and within 4 hours after
receiving the report shall have to report its settlement decision to the
concerned agency, organization or individual.
6. In the course of performing their duties,
specialized state management agencies shall have to coordinate with other
concerned agencies and organizations in the area in ensuring that all maritime
shipping activities in seaports strictly comply with the provisions of law.
Article 59.-
Responsibilities for coordinating management activities
1. In coordinating management activities of
specialized state management agencies in seaports, port authorities shall:
a/ Assume the prime responsibility for and
direct the coordination of management activities of specialized state
management activities in seaports;
b/ Organize and preside over all meetings with
specialized state management agencies or other related agencies, organizations
and enterprises in the port areas in order to reach agreement on ways of
settling any arising problems;
c/ Request other specialized state management
agencies in seaports to promptly notify the results of processing procedures as
well as solutions to arising problems; request port enterprises, shipowners,
vessels and other concerned agencies and organizations to supply data and
information on maritime shipping activities in seaports;
d/ Propose presidents of provincial-level
People's Committees to promptly settle arising problems which fall under the
competence of the provinces or cities and are related to the specialized state
management in seaports.
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a/ Closely coordinate with one another in
promptly and lawfully completing procedures related to vessels, cargoes,
passengers and crew operating in seaports under this Decree;
b/ Promptly notify port authorities of the
results of processing procedures related to vessels, cargoes, passengers and
crew operating in seaports;
c/ After receiving and processing information
supplied by port authorities of shipowners and completing procedures or facing
any problems, promptly notify port authorities thereof for coordinated
settlement in time.
Article 60.-
Specialized inspection, examination, supervision and control in seaports
1. The inspection, supervision, control and
protection by specialized state management agencies and other competent
agencies with respect to vessels, cargoes, passengers, crew and other objects
operating in seaports shall comply with the provisions of this Decree and
relevant laws.
2. The direct control and protection on board
vessels by specialized state management agencies shall be only carried out in
the following cases:
a/ Vessels show apparent signs of violation of
the law.
b/ In case of necessity to ensure security,
defense, epidemic control, social order and safety.
3. Cadres, public employees and staff of
specialized state management agencies and other competent agencies are strictly
prohibited from committing acts that are authoritarian, regionalistic,
self-seeking, hassling, troublesome and otherwise negative when performing
their assigned duties; all related violations shall be handled according to the
provisions of law.
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1. Ministries, branches and localities shall be
responsible for directing and guiding activities of their subordinate
specialized state management agencies to properly coordinate state management
activities in seaports.
2. To supervise and inspect subordinate
specialized state management agencies and stringently handle wrongdoings and
violations in accordance with the provisions of law.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 62.-
Implementation effect
1. This Decree takes effect 15 days after its
publication in "CONG BAO" and annuls the Government's Decree No. 160/2003/ND-CP
of December 18, 2003, on management of maritime shipping activities at
Vietnamese seaports and marine navigational areas, and the Prime Minister's
Decision No. 133/2003/QD-TTg of July 4, 2003, on management of marine navigable
channels.
2. Enclosed with this Decree are 12 appendices
(not printed herein).
Article 63.-
Organization of implementation
1. The Minister of Transport shall assume the
prime responsibility for, and coordinate with other concerned ministries,
branches and provincial/municipal People's Committees in, organizing the
implementation of this Decree.
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