THE MINISTRY OF
TRANSPORT
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|
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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|
No.
28/2014/TT-BGTVT
|
Hanoi, July 29,
2014
|
CIRCULAR
REGULATIONS
ON SEQUENCE AND PROCEDURES ON DREDGING, REPAIRS AND MAINTENANCE OF NAVIGABLE
CHANNELS MANAGED AND USED BY THE MINISTRY OF TRANSPORT FROM STATE BUDGET
CAPITAL
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;
Pursuant to the Government’s Decree No.
21/2012/ND-CP dated March 21, 2012 on management of ports and navigable
channels;
Pursuant to the Government’s Decree No.
15/2013/ND-CP dated February 06, 2013 on management of construction quality;;
Pursuant to the Government’s Decree No.
130/2013/ND-CP dated October 16, 2013 on production and supply of public
interest goods and services;
Pursuant to the Government’s Decree No. 114/2010/ND-CP
dated December 06, 2010 on maintenance of construction works;
Pursuant to the Government’s Decree No.
12/2009/ND-CP dated February 12, 2009 on construction project management;
Decree No. 83/2009/ND-CP dated October 15, 2009 amending and supplementing a
number of articles of Decree No. 12/2009/ND-CP;
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Pursuant to the Government’s Decree No.
63/2014/ND-CP dated June 26, 2014 providing guidance on the implementation of a
number of articles of the Law on Bidding;
Pursuant to the Prime Minister’s Decision No.
73/2013/QD-TTg dated November 27, 2013 on piloting implementation of dredging,
repairs and maintenance of navigable channels managed by the Ministry of
Transport;
At the request of General Director of Department
of Transport Infrastructure and General Director of Vietnam Maritime
Administration,
The Minister of Transport promulgates the Circular
regulating sequence and procedures on dredging, repairs and maintenance of
navigable channels managed and used by the Ministry of Transport from state
budget capital.
Chapter 1
GENERAL PROVISIONS
Article 1. Scope and regulated
entities
1. This Circular regulates sequence and procedures
on dredging, repairs and maintenance of navigable channels managed and used by
the ministry of transport from state budget capital. Sequence and procedures on
the implementation of dredging, repairs and maintenance of navigable channels
of Hai Phong, Saigon and Vung Tau are in accordance with mechanism of
competitive bidding with a lump-sum contract implemented under the Ministry of
Transport’s provisions.
2. This Circular applies to state administration agencies,
organizations and individuals in connection with activities of dredging,
repairs and maintenance of navigable channels managed and used by the ministry
of transport from state budget capital.
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1. Agency assigning plans, cost estimates: the
Ministry of Transport;
2. Agency managing navigable channels: Vietnam
Maritime Administration;
3. Representative of the Agency managing navigable
channels: Maritime safety assurance corporations.
Chapter 2
SEQUENCE AND PROCEDURES
ON DREDGING, REPAIRS AND MAINTENANCE OF NAVIGABLE CHANNELS
Article 3. Drawing up plans for
dredging, repairs and maintenance of navigable channels and signing a contract
for supply of public interest services to ensure maritime safety
1. Drawing up annual plans for dredging, repairs
and maintenance of navigable channels with economic non-business capital
sources shall be carried out under the Ministry of Transport's Circular No.
14/2013/TT-BGTVT dated July 05, 2013 regulating maintenance of maritime works
and other relevant provisions.
2. Vietnam Maritime Administration shall carry out
signing the contract for supply of products and services of dredging, repairs
and maintenance of navigable channels with Maritime safety assurance
corporations as prescribed.
Article 4. Sequence and
procedures on the implementation of dredging, repairs and maintenance of
navigable channels of Dinh An – Can Tho
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The Southern Maritime Safety Assurance Corporation
shall draw up the outline and cost estimates for a survey to determine routes,
directions of navigable channels and make the submission to Vietnam Maritime
Administration for approval; adjust routes, directions as instructed.
2. Step 2. Establishing construction drawing
design, survey outline and cost estimates
The Southern Maritime Safety Assurance Corporation
shall:
a) Select a consultant for conducting a survey and
establishing construction drawing design and cost estimates; make submission to
Vietnam Maritime Administration for approval;
b) Establish the outline for survey &
measurement and hand-over of site layout plan (scope, scale, methods and
equipment of measurement, time of survey and relevant information) and make
submission to Vietnam Maritime Administration for approval;
c) Establish cost estimates for environmental
protection as prescribed and make submission to Vietnam Maritime Administration
for approval;
3. Step 3. Drawing up plans for contractor
selection
The Southern Maritime Safety Assurance Corporation
shall draw up procurement plan (of which selection of the contractor for
dredging, repairs and maintenance shall be done in the form of appointment and
selection of the consultant and other contractors shall be done according to
the Law on Bidding) and make submission to Vietnam Maritime Administration for
approval.
4. Step 4. Organization of contractor selection
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b) The Southern Maritime Safety Assurance
Corporation shall select a construction contractor by appointment; select a
consultant to take charge of environmental protection according to the Law on
Bidding.
5. Step 5. Hand-over of site layout plan
a) Vietnam Maritime Administration shall preside
over and organize survey & measurement and hand-over of site layout plan;
inspect sequence and procedures and process of implementation by the units
under the approved plan;
b) The Southern Maritime Safety Assurance
Corporation, supervision consultant and engineering consultant shall cooperate with
Vietnam Maritime Administration in inspecting and supervising the survey and
measurement of site layout plan carried out by surveying consultant, accepting
result of survey and hand-over of site layout plan to the construction
contractor.
c) In case the result of survey & measurement
and hand-over of site layout plan shows generated quantity of sludge is higher
than the approved design, within ten working days, the Southern Maritime Safety
Assurance Corporation shall cooperate with the engineering consultant in making
adjustments to the cost estimates and making submission to Vietnam Maritime
Administration for approval; In case such cost estimates are found in excess of
assigned budget estimates, within five working days, Vietnam Maritime
Administration shall make the report to the Ministry of Transport for
consideration and decision.
6. Step 6. Development of construction
a) The Southern Maritime Safety Assurance
Corporation shall be responsible for managing, inspecting and supervising the
entire process of construction carried out by the contractor; tighten
supervision of activities carried out by supervision consultant and environment
consultant during the construction.
b) Vietnam Maritime Administration shall organize
inspection regularly and irregularly (if necessary) to ensure quality and
progress of construction.
7. Step 7. Acceptance of works, public-interest
products and services
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b) The Southern Maritime Safety Assurance
Corporation shall cooperate with the supervision consultant in inspecting and
supervising survey and measurement for acceptance of works; organize acceptance
of result of survey & measurement and tasks of environmental protection.
8. Step 8. Final settlement of works and contract
for supply of public-interest products and services
a) Vietnam Maritime Administration shall carry out
final settlement of works as prescribed; carry out final settlement with the
Southern Maritime Safety Assurance Corporation for the contract for supply of
public-interest products and services and other contractors for contracts that
Vietnam Maritime Administration has signed.
b) The Southern Maritime Safety Assurance
Corporation shall make payment to contractors under the contract the
corporation has signed.
Article 5. Sequence and
procedures on the implementation of dredging, repairs and maintenance of
navigable channels not prescribed in Article 4 hereof
1. Step 1. Establishing construction drawing
design, survey outline and cost estimates
Maritime safety assurance corporations shall take
the following responsibilities:
a) Select and sign the contract with engineering
and verification consultants; in reliance on latest maritime topography,
organize establishment and verification of cost estimate engineering and make
the submission to Vietnam Maritime Administration for approval.
b) Establish outlines for survey & measurement
and hand-over of site layout plan (scope, scale, methods and equipment of
measurement, time of survey and relevant information) and make submission to
Vietnam Maritime Administration for approval;
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2. Step 2. Drawing up plans for contractor
selection
Maritime safety assurance corporations shall
establish procurement plan and make submission to Vietnam Maritime
Administration for approval.
3. Step 3. Organization of contractor selection
a) Vietnam Maritime Administration shall select a
consultant for survey & measurement and hand-over of site layout plan according
to the Law on Bidding; select a consultant for supervision according to the Law
on Bidding or assign project management board (affiliated unit) to take charge
of supervision as prescribed.
b) Maritime safety assurance corporations shall
select a consultant for carrying out the tasks of environmental protection and
construction contractor according to the Law on Bidding.
4. Step 4. Hand-over of site layout plan
a) Vietnam Maritime Administration shall preside
over and organize survey & measurement and hand-over of site layout plan;
inspect sequence and procedures and process of implementation by the units
under the approved plan;
b) Maritime safety assurance corporations,
supervision consultant and engineering consultant shall cooperate with Vietnam Maritime
Administration in inspecting and supervising the survey and measurement of site
layout plan carried out by the survey consultant, accepting result of survey
and hand-over of site layout plan to the construction contractor.
c) In case the result of survey & measurement
and hand-over of site layout plan shows generated quantity of sludge is higher
than the approved design, within ten working days, Maritime safety assurance
corporations shall cooperate with the engineering consultant in making adjustments
to the cost estimates and making submission to Vietnam Maritime Administration
for approval; In case such cost estimates are found in excess of allocated
budget estimates, within five working days, Vietnam Maritime Administration
shall make the report to the Ministry of Transport for consideration and
decision.
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a) Maritime safety assurance corporations shall be
responsible for managing, inspecting and supervising the entire process of
construction carried out by the contractor; tighten supervision of activities
carried out by supervision consultant and environment consultant during the
construction.
b) Vietnam Maritime Administration shall organize
inspection regularly and irregularly (if necessary) to ensure quality and
progress of construction.
6. Step 6. Acceptance of works, public interest
products and services
a) Vietnam Maritime Administration shall select a
unit for carrying out survey, measurement and acceptance of works at the site; organize
acceptance of works to put into operation, acceptance of public-interest
products and services as prescribed.
b) Maritime safety assurance corporations shall
cooperate with supervision consultant in inspecting and supervising survey and
measurement for acceptance of works; organize acceptance of result of survey
and measurement and tasks of environmental protection.
7. Step 7. Final settlement of works and contract
for supply of public-interest products and services
a) Vietnam Maritime Administration shall carry out
final settlement of works as prescribed; carry out final settlement with
Maritime safety assurance corporations for the contract for supply of
public-interest products and services and other contractors for contracts that
Vietnam Maritime Administration has signed.
b) Maritime safety assurance corporations shall
make payment to contractors under the contract such corporations have signed.
Chapter 3
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Article 6. Contents of
supervision
1. Supervision of the implementation of dredging,
repairs and maintenance of navigable channels
a) Review and inspect sequence and detailed
construction measures established by construction contractor before submission
for approval;
b) Inspect marker posts throughout the construction
process;
c) Inspect and supervise machinery and construction
equipment gathered to the site according to the list, specifications, types,
technical uses, certificates granted to seafarers, insurance to equipment and
other necessary requirements aimed at ensuring safety during the construction.
d) Inspection installation and quality of dredging
monitoring system; Equipment that are put into installation must have clear
origin, seals and lead seals secured, ensuring display of name of vehicle,
size, position, speed, time of stops to facilitate the tasks of inspection and
monitoring.
dd) Monitor progress of dredging;
e) Inspect conditions for starting the
construction; personnel from construction contractor coming in and out of the
site;
g) Monitor tasks of environmental hygiene and
safety
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i) Monitor the tasks of measurement after the
dredging is completed ensuring that site positioning marker system and level
used for measurement before and after dredging is unchanged;
k) Inspect and confirm quantity;
2. Monitor transport and disposal of dredged sludge
and bottom sediments (hereinafter referred to as “sludge”);
a) Monitor vehicles transporting sludge from
dredging position all the way to approved dumping locations throughout the
process of construction;
b) Collect and compile information and data at the
site (locations, speed, time of stops) from the dredge monitoring system
installed on working vehicles; Take photographs of the transport vehicles’
sludge containers at following points of time: starting to receive sludge in
the construction area; end of the process of receiving sludge; end of the
journey of transporting sludge to the dumping location and end of the process
of disposal;
3. Monitor finishing work
a) Inspect coordinates, level and slope of dredging
areas according to design;
b) Monitor survey and measurement and confirm
workload completed by the contractor; monitor the task of measurement and
confirm workload at the dumping locations in case sludge is disposed on
terrestrial areas by sucking through a tube;
c) Monitor acceptance of all work items
Measurement for acceptance shall be carried out after the construction
contractor announces that he/she has completed dredging task. If result of
measurement and acceptance shows the work performed by the contractor is not
satisfactory, the contractor must carry out supplementary works until the work
is satisfactory.
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Article 7. Organization of
supervision of the implementation of dredging, repairs and maintenance of
navigable channels
1. Supervision consultant shall take following
responsibilities:
a) Carry out supervision as prescribed in Article 6
hereof and relevant law provisions;
b) Establish organization document and supervision
outline, make submission to Maritime safety assurance corporations for
consideration and approval before supervision is carried out;
c) Have a section fully in charge of maintaining
activities of supervision systematically throughout the process of dredging,
from commencement of works to acceptance and hand-over; arrange personnel for
carrying out the task of supervision including a chief supervisor and member
supervisors;
d) Adequately arrange necessary facilities for the
task of supervision; adequately arrange qualified technical staff to carry out
supervision and inspection of the entire work performed by surveying
contractor, the task of dredging aimed at ensuring quality and progress of
works as well as conditions for labor safety and environmental hygiene; Record
all supervision results about the process of dredging and transporting sludge,
or use specimen daily records as prescribed in Appendix I enclosed herewith;
dd) Carry out regular inspection and supervision of
the contractor’s personnel and working equipment coming in and out of the site
(including sub-contractors and hired equipment); confirm quantity and quality
of machinery and equipment under the contract or bid winning document (list of
equipment, technical uses, certificates of seafarers, insurance...)
e) Carry out daily inspection of installation and
operation of the dredge monitoring system installed on the contractor’s working
vehicles or equipment; request immediate remedial works upon detection of
problems or faults failing to meet quality requirements as prescribed;
g) Carry out regular inspection and supervision of
the contractor's internal quality control system; inspect coordinates, level
and slope of the dredging areas according to design; monitor and speed up
progress of dredging;
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i) Send weekly reports (according to forms as
prescribed in Appendix II enclosed herewith) accompanied by a copy of daily
records (in the reporting week) to Vietnam Maritime Administration and Maritime
safety assurance corporations; make early reports on performance, difficulties
accompanied by proposed handling measures to administrative agencies during the
process; be responsible to the law and administrative agencies for the
performance;
2. Duties and authority of the chief supervisor
a) Take charge of supervision at the site in
general; give specific assignments to member supervisors;
b) Conduct hand-over meetings with Vietnam Maritime
Administration, Maritime safety assurance corporations and contractors on
behalf of supervision consultant;
c) Consider and instruct contractors to make
submission of detailed construction measures for approval as prescribed;
d) Put forward the plan and make regular inspection
of the task of supervision Request temporary suspension of working vehicles
that fail to meet requirements and make immediate reports to regional port
authorities, Maritime safety assurance corporations for handling as prescribed;
dd) Compile the construction of work items; make
early reports on the construction, propose measures to deal with difficulties
arising during the construction and send acceptance documents to heads of
consultants during the construction;
e) Carry out the establishment of acceptance
documents (in terms of technique and quantity), as-built dossiers of general
acceptance of works;
g) Be responsible to the law for the task of
supervision throughout the construction;
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a) Conduct technical supervision, ensuring the
works meet technical requirements, processes and designs;
b) Supervise and confirm the transport and disposal
of sludge;
c) Supervise or implement the establishment of
acceptance documents as assigned according to law provisions;
d) Implement recording of construction diary;
4. Vietnam Maritime Administration, regional port
authorities, Maritime safety assurance corporations and consultants shall be
responsible for supervising the implementation of dredging, repairs and
maintenance of navigable channels as prescribed hereof and relevant law
provisions.
5. During the supervision, supervision consultant
must cooperate closely with Vietnam Maritime Administration, port authorities,
Maritime safety assurance corporations and construction contractors in
accelerating construction progress and ensuring the works achieve high quality;
make early reports on technical issues to Maritime safety assurance
corporations and contractors for coordinating handling as prescribed; Such
handling must be recorded in construction diary.
Article 8. Installing dredge
monitoring system on dredging vehicles
1. Vehicles transporting and disposing of sludge
must be installed with dredge monitoring system.
2. Structure of a dredge monitoring system
installed on vehicles transporting and disposing sludge:
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b) Camera shall provide photographs of sludge
containers before and during the transport and disposal of sludge at prescribed
locations.
3. Requirements for minimum technical
specifications and working conditions of the dredge monitoring system installed
on vehicles transporting and disposing sludge:
a) AIS must guarantee standards IEC 61162-1 and IEC
60945 announced by The International Electrotechnical Commission (IEC);
guarantee constant and stable transmission of information about journeys of
dredging vehicles to the data center where Vietnam Maritime Administration,
port authorities, Maritime safety assurance corporations and supervision
consultant may follow up, inspect and supervise through the Internet.
b) Camera must guarantee following requirements:
standard IP 66 (capable of preventing collision, dust and water), minimum
resolutions of 420 TV line, supports for H.264, MPEG – 4 and MJPEG compression
standards, build-in infra-red for recording images during night and day time,
full display of actual time of recording, memory capacity large enough to
record and store images continuously during the construction; at least two
cameras must be installed as a provision for things going wrong.
c) The dredge monitoring system must be installed
and protected against water and high humidity. Power sources supplied to the
dredge monitoring system must ensure continuous and stable operation (round the
clock).
d) The dredge monitoring system must be installed
at appropriate and fixed positions on working vehicles (with lead seals
secured) which are favorable for exploitation, monitoring and recording of
images during the construction, transport and disposal of sludge ensuring no
displacement or removal during the process of dredging.
4. Data safety function of dredging monitoring
system;
a) Data recorded must ensure not to be erased or
changed throughout the storage period.
b) Data recorded and stored in the memory must be
set with a password before the process of dredging and disposal of sludge is
carried out (the password shall be managed by Maritime safety assurance
corporations and provided to regional port authorities and supervision
consultant for monitoring and inspection if necessary).
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Article 9. Management of data
from dredging monitoring system
1. Data from the dredge monitoring system must be
sent to the data center for management, exploitation and use serving the task
of supervising vehicles transporting and disposing sludge.
2. The data center must be able to integrate data
sent from AIS and display it on digital map; provide interfaces for access and
use of integrated information through the Internet to serve the inspection and
supervision by agencies and units (Vietnam Maritime Administration, port
authorities, Maritime safety assurance corporations and supervision
consultant);
3. The data center must store and make a backup of
data regularly to avoid any loss; data must be stored for a minimum of three
years since the works is accepted and put into operation.
4. Vietnam Maritime Administration shall organize
management of the data center on the basis of existing information
infrastructure, ensure uniformity and meet requirements for management,
inspection, supervision, reference and provision of data about vehicles
participating in dredging, repairs and maintenance of navigable channels
(hereinafter referred to as “working vehicles”).
Chapter 4
IMPLEMENTATION
Article 10. Responsibilities
of Vietnam Maritime Administration
1. Organize the implementation of dredging, repairs
and maintenance of navigable channels according to laws, ensure progress and
quality;
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3. Provide guidance to port authorities on issuance
of licenses to working vehicles in accordance with regulations on registration;
Organize inspection of issuance of licenses to working vehicles by port
authorities; inspect dredging and disposal of sludge through data provided by
Maritime safety assurance corporations and supervision consultant;
4. Preside over and cooperate with Maritime safety
assurance corporations in working with local competent agencies to select
appropriate sites for disposal of sludge ensuring long-term stability, economic
– technical efficiency and environmental protection;
5. Follow up, compile and make preparations for
partial and entire summing-ups of the performance when the pilot period is over
as prescribed in Decision No. 73/2013/QD-TTg;
Article 11. Responsibility of
port authorities
1. Approve plans for ensuring maritime safety
during the process of dredging, repairs and maintenance of navigable channels
as prescribed in Article 14, Decree No. 21/2012/ND-CP.
2. Based on requests from Maritime safety assurance
corporations, carry out inspection and issuance of licenses to working vehicles
as prescribed in Article 67, Decree No. 21/2012/ND-CP; Decline to issue
licenses to working vehicles that fail to meet requirements for registration as
prescribed and have no dredge monitoring system installed as prescribed in
Article 8 hereof;
3. Make decisions on working time at navigable
channels to ensure safety to ships, boats operating in the area as well as to
ensure progress and quality of works;
4. Cooperate with relevant units in inspecting disposal
of sludge; monitor daily activities of working vehicles; impose strict
penalties on any vehicle that disposes sludge in locations other than
prescribed ones according to law provisions;
5. Exercise state administration on activities of
dredging, repairs and maintenance of navigable channels within territorial
waters assigned for management as prescribed;
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1. Take responsibility for their own performance,
comply with law provisions, complete annual plans for dredging, repairs and
maintenance of navigable channels and make effective use of state budget
capital;
2. Guarantee the works meet quality requirements
under the contract for supply of public-interest services and laws on construction
management and construction quality management;
3. Select construction contractors according to law
provisions; tighten management and do not allow transfer of quantity or
contracts; Bidding documents and construction contract must specify percentage
of work quantity performed by sub-contractors, working vehicles and equipment
hired or owned by main contractor; working vehicles and equipment hired;
provisions on penalties imposed on contractors for violations of quality,
progress, maritime safety and environmental protection (Main contractor shall
be responsible for violations committed by its sub-contractors)
4. Organize inspection and check on vehicles
proposed for use by contractors in the bid and according to construction
realities and make submission to regional port authorities for approval;
Cooperate with construction contractors, supervision consultant in checking and
granting approval for construction measures, work quality control measures,
detailed construction progress, labor safety and environment hygiene management
measures, and at the same time sending them to Vietnam Maritime Administration
and regional port authorities for management, inspection and supervision before
implementation;
5. Establish and submit plans for ensuring maritime
safety to regional port authorities for approval before implementation as
prescribed; organize the implementation and report the performance after
implementation;
6. During the process of construction, arrange
personnel at the site permanently for monitoring and inspecting activities of
supervision consultant and construction contractors (including sub-contractors
and hired vehicles and equipment); document and deal with activities found in
conflict with provisions prescribed by these units; Upon finding additional
quantity and costs are arising, make immediate reports to Vietnam Maritime
Administration for selection of a consultant who shall carry out measurement
and establishment of adjusted dossiers and make the report to Vietnam Maritime
Administration for approval or to the Ministry of Transport for consideration
and decision;
7. Manage supervision of activities of dredging and
disposing of sludge as prescribed, ensure maritime safety; make reports to
Vietnam Maritime Administration on a monthly basis and on request;
8. Refuse to accept and make payment for work items
that are not completed according to the approved construction drawing design or
completed but quality is not guaranteed;
9. Copy images from cameras installed on working
vehicles and photographs of sludge containers taken by supervision consultant
for storage along with work completion dossiers as prescribed;
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Article 13. Responsibilities
of relevant consultants
1. Guarantee consulting services are carried out in
accordance with assignments, technical regulations and law provisions;
2. Have quality control system as prescribed;
perform designer supervision during the process of construction as prescribed;
cooperate with administrative agencies, contractors in handling issues in
connection with consultancy dossiers and issues arising during the process of
construction; take part in inspection and acceptance of works at the request of
administrative agencies;
3. Be responsible to the law and administrative
agencies for performance and make compensations for any damage caused by their
consulting services;
4. Fully exercise obligations and responsibilities
under the signed contract and law provisions;
Article 14. Responsibilities
of construction contractor
1. During the process of construction, comply
strictly with the law on construction quality management, technical regulations
and standards, design dossiers, approved plans for ensuring maritime safety,
and other relevant law provisions; Be placed under regular supervision and
inspection of construction quality by administrative agencies, engineering and
supervision organizations;
2. Install the dredge monitoring system as
prescribed in Article 8 hereof; In case the dredge monitoring system is damaged
and not working during the transport, make immediate reports to supervision
consultant, Maritime safety assurance corporations, main contractor (if any)
for handling; if the problem is not remedied, allow the vehicle to complete
disposal of sludge at prescribed locations and fix the problem before putting
the vehicle into operation again; in case the contractor fails to make early report
on the damage or failure of the dredge monitoring system, such shipment of
sludge shall not be accepted.
3. Establish construction measures and progress to
ensure work quality, labor safety and environmental hygiene during the process
of construction; establish work quality control system to manage construction
product and the works during the process of construction; establish
construction diary adequately and organize internal inspection as prescribed;
In case the result of survey and measurement for acceptance of works conducted
by Vietnam Maritime Administration at the request of the contractor shows that
the work performed by the contractor does not meet quality requirements
according to the design and the signed contract, the contractor shall be
responsible for paying all expenses for such measurements and keeping
completing such work as prescribed;
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5. Declare information about sub-contractors as stated
in the bid and construction contract including the lists, performed quantity,
scope of work, vehicles in their possession, and other relevant information;
6. Change construction measures only if accepted by
Maritime safety assurance corporations and quantity of work only if accepted by
Vietnam Maritime Administration; make regular reports on progress, quality,
quantity, safety and environment;
7. Be responsible to administrative agencies and
the law for the construction of works including portion of work performed by
sub-contractors under the contract;
8. Carry out
remedial works for the damage caused, accept administrative penalties as
prescribed, be banned from participating in bidding activities for similar
works from one to three years and take other responsibilities as prescribed if
disposal of sludge in locations other than prescribed ones causes pollution to
the environment or over 10% of quantity of work (not including portion of work
within responsibility of sub-contractors as stated in the bid and signed
contract) is transferred to other contractors.
Article 15. Effect
This Circular takes effect since September 15,
2014.
Article 16. Implementation
1. Chief of the Ministry Office, the Chief Inspector,
general directors of Vietnam Maritime Administration, Northern and Southern
maritime safety assurance corporations, relevant agencies, organizations, and
individuals shall be responsible for executing this Circular.
2. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Transport
for consideration and handling in a timely manner./.
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THE MINISTER
Dinh La Thang