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THE NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom – Happiness
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No. 23/2004/QH11
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Hanoi, June 15,
2004
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LAW
ON
INLAND WATERWAY NAVIGATION
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly,
the 10th session;
This Law provides for inland waterway navigation.
Chapter I
GENERAL
PROVISIONS
Article 1.- Scope
of regulation
This Law provides for inland waterway
navigation activities; conditions to ensure safety for inland waterway
navigation infrastructures, vessels and people participating in inland waterway
navigation and transport.
Article 2.- Subjects
of application
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In cases where international agreements which
the Socialist Republic of Vietnam has signed or acceded to contain provisions
different from those of this Law, the provisions of such international
agreements shall apply.
Article 3.- Interpretation
of terms
In this Law, the following terms are
construed as follows:
1. Inland waterway navigation activities mean
activities of people and vessels participating in inland waterway navigation or
transport; planning of the development, building, operation and protection of
inland waterway navigation infrastructures and State management over inland
waterway navigation.
2. Navigable channel (hereinafter called
channel) means a water area limited by the system of inland waterway signals,
where vessels can navigate smoothly and safely;
3. Lock means a construction used exclusively
for raising and lowering the water level to help vessels pass places with
different water levels on inland waterways.
4. Inland waterways mean channels, locks or
constructions to help vessels pass river dams or falls, canals, ditches or
channels on lakes, marshes, lagoons, bays, gulfs, along the coastline, leading
to islands or linking islands within the internal waters of the Socialist
Republic of Vietnam, which are managed and exploited for navigation and
transport.
5. Channel protection corridor means a
delimited water area or land strips stretching along both sides of a channel
for installation of signals, protection of the channel and assurance of
navigation safety.
6. Clearance means the removal of
obstructions on inland waterways.
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8. Rudimentary vessel means a non-motorized
vessel propelled only by manpower, wind power or water power.
9. Raft means a craft of bamboo, timber or
other floating materials fastened together, which can sail or be used as a
makeshift transport craft on inland waterways.
10. Vessel transformation means the change of
the performance, structure and/or utility of a vessel.
11. Head-on vessels means two vessels
proceeding in opposite directions from one of which one can see the bow of the
other vessel straightly in front of the bow of one's vessel.
12. Tow convoy means a convoy of many vessels
assembled together and moving thanks to a motorized vessel exclusively used for
pulling, pushing or towing alongside.
13. Mixed tow convoy means a tow convoy
assembled in lines propelled by at least two of three modes of pulling, pushing
and towing alongside.
14. Gross tonnage of a vessel means the
volume calculated in tons of cargo, fuel, lubricating oil, water in tanks,
food, foodstuffs, passengers and their luggage, crew and their personal
belongings.
15. Passenger capacity of a vessel means the
maximum number of people a vessel is permitted to carry, excluding its crew and
steersman and under-one children.
16. Safety waterline means a marking line
painted on a vessel to limit the part of its body permitted to be submerged
underwater when the vessel operates.
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18. Crew mean people working under the titles
prescribed for non-motorized vessels with a gross tonnage of over 15 tons each
or motorized vessels with total main engine capacity of over 15 horse powers
each or vessels with a capacity of over 12 passengers each.
19. Captain means the title of the highest
commander on board a non-motorized vessel with a gross tonnage of over 15 tons
or a motorized vessel with total main engine capacity of over 15 horse powers
or a vessel with a capacity of over 12 passengers.
20. Steersman means a person who personally
steers a vessel with a gross tonnage of up to 15 tons or a motorized vessel
with total main engine capacity of up to 15 horse powers or a vessel with a
capacity of up to 12 passengers or a raft.
21. Inland waterway pilot (hereinafter called
pilot) means an advisor who assists the captain in steering the vessel safely.
22. Carrier means an organization or
individual using a vessel to transport people and/or cargoes on inland
waterways.
23. Transport dealer means a carrier that enters
into a passenger and/or cargo transport contract with a transport hirer in
order to effect the transport of cargoes and/or passenger for freights or
charges.
24. Transport hirer means an organization or
individual that enters into a cargo and/or passenger transport contract with a
transport dealer.
25. Goods consignee means an organization or
individual named as goods consignee in the bill of lading.
26. Luggage means personal belongings and
goods carried by passengers on their voyage, including hand-carried and
consigned luggage.
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Article 4.- Principles
for inland waterway navigation activities
1. Inland waterway navigation activities must
be smooth and ensure order and safety for people, vessels, property as well as
environmental protection; serve socio-economic development and contribute to
preserving national defense and security and protecting national sovereignty
and interests.
2. To ensure inland waterway navigation order
and safety is the responsibility of the entire society, administrations at all
levels, organizations and individuals that manage or directly participate in
navigation; to take comprehensive measures regarding technical matters and
safety of vessels as well as inland waterway navigation infrastructures; to
provide training to raise professional and practical skills; to disseminate law
and educate about the sense of law observance among people participating in
inland waterway navigation; to strictly handle acts of violating the
legislation on inland waterway navigation order and safety according to law
provisions.
3. Development of inland waterway navigation
must comply with plannings and plans and be synchronous.
4. Management of inland waterway navigation
activities shall be performed uniformly on the basis of clear assignment and
decentralization of responsibilities as well as powers and close coordination
among ministries, branches and administrations at all levels.
Article 5.- Inland
waterway navigation development policies
1. The State prioritizes investment in
developing inland waterway navigation infrastructures on key inland waterway
navigation routes, in key economic regions, deep-lying and remote areas with
inland waterway navigation comparative advantages over other forms of
communication.
2. The State encourages, and creates
conditions for, Vietnamese and foreign organizations and individuals to invest
in developing inland waterway navigation infrastructures, apply scientific and
technological advances, train specialized human resources and invest in dealing
in inland waterway transport in order to develop sustainable inland waterway
navigation.
Article 6.- Dissemination,
popularization of, and education about, the inland waterway navigation
legislation
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2. Information and propaganda agencies shall
have to organize the regular and widespread dissemination and popularization of
the inland waterway navigation legislation among the entire population.
3. State management agencies in charge of
education and training shall have to direct the education about the inland
waterway navigation legislation at education establishments suitable to the
characteristics of each region.
Article 7.- Responsibilities
of organizations and individuals when accidents happen on inland waterways
1. Captains or steersmen and persons who are
present at the places where inland waterway navigation accidents happen or
detect persons and/or vessels in distress on inland waterways must take every
measure to rescue in time persons, vessels and/or property in such accidents;
protect traces, exhibits related to the accidents; inform such to the nearest
police offices or People's Committees, and must turn up at the requests of
competent investigating agencies.
2. The informed police offices or People's
Committees must immediately send their officials to the scenes of accidents or
the places where persons and/or vessels in distress are detected; shall be
entitled to mobilize people and vessels to rescue and treat victims, protect
property and vessels in distress, traces and exhibits related to the accidents;
ensure navigation order, safety and uninteruptedness; where accidents or
incidents cause harm to the environment, such must be immediately notified to
the State management agencies in charge of environmental protection.
3. Police offices or other competent State
agencies, when being informed of accidents on inland waterways, must conduct
investigation in time and take handling measures according to law provisions.
4. People's Committees of the localities
where accidents happen or accident victims are detected shall have to render
help to the victims; where there are dead people in accidents and their burial
has been agreed by competent investigating agencies but their identities remain
unknown or their relatives are unable to bury them, they shall bury the victims
according to law provisions.
Article 8.- Prohibited
acts
1. Destroying inland waterway navigation
works; erecting obstructions to impede inland waterway navigation.
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3. Illegally building houses, tents, stalls
or other works on inland waterways in violation of the protection of inland
waterway infrastructures.
4. Dumping soil, rocks, sand, gravels or
other waste substances, illegally exploiting minerals within the areas of
channels and channel protection corridors; putting fixed fishing gear, means of
fishing or rearing aquatic resources on channels.
5. Putting in inland waterway navigation
vessels which fail to meet the operating conditions prescribed in Article 24 of
this Law; using vessels at variance with their utility or with operation areas
stated in the technical safety and environmental protection certificates of
registry offices.
6. Arranging fewer crewmen than the
prescribed complement when putting vessels into operation; crewmen or steersmen
working on board vessels without professional diplomas or certificates or with
improper ones.
7. Carrying hazardous, inflammable and/or
explosive cargoes, large animals together with passengers, carrying passengers
in excess of the vessels' capacity or safety waterline.
8. Working on board the vessels when the
alcoholic content in blood is higher than 80 milligrams per 100 milliliters of
blood or there is more than 40 milligrams per 1 liter of breathed air or there
are in blood other stimulants banned from use by law.
9. Escaping after causing accidents in order
to shirk responsibility; infringing upon human life and/or property when
vessels are in distress; taking advantage of accidents to cause disorder, thus
hindering the handling of accidents.
10. Breaching the signal on wave-causing
restriction or other ban signals.
11. Organizing illegal races or participating
in illegal races of vessels on inland waterways; steering vessels in zigzag,
causing danger to other vessels.
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13. Other acts of violating the legislation
on inland waterway navigation.
Chapter II
PLANNING,
CONSTRUCTION AND PROTECTION OF INLAND WATERWAY NAVIGATION INFRASTRUCTURES
Article 9.- Inland
waterway navigation infrastructures
1. Inland waterway navigation infrastructures
include inland waterways, inland waterway ports and landing stages, navigation
embankments and dams and other support works.
2. Inland waterways are classified into
national inland waterways, local inland waterways and exclusive inland
waterways. Inland waterways are divided according to different technical
grades.
3. The responsibility for organizing the
inland waterway management and maintenance is decentralized as follows:
a/ The Transport Ministry shall organize the
management and maintenance of national inland waterways;
b/ The People's Committees of the provinces
and centrally-run cities (hereinafter collectively called provincial-level
People's Committees) shall organize the management and maintenance of local
inland waterways;
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4. Organizations and individuals specified in
Clause 3 of this Article must arrange forces to manage and maintain inland
waterways (hereinafter called inland waterway management units).
5. The Transport Minister shall decide on the
classification, technical grading and criteria of technical grades, publicize
inland waterway routes and prescribe the management of inland waterways.
Article 10.- Planning on development of inland waterway navigation
infrastructures
1. The planning on development of inland
waterway navigation infrastructures must be based on the socio-economic
strategies, river basin plannings, other related plannings and defense as well
as security tasks.
Branches, when formulating plannings and
projects on construction of works related to inland waterway navigation, must
solicit written opinions of competent State management agencies in charge of
inland waterway navigation, excluding flood and storm control and dyke
protection works.
2. The Prime Minister shall approve the
overall planning on development of inland waterway navigation infrastructures
at the proposal of the Transport Minister.
3. The Transport Minister shall assume the
prime responsibility for, and coordinate with, other ministries and concerned
People's Committees in, organizing the formulation and approval of regional
plannings on development of inland waterway navigation infrastructures on the
basis of the overall planning already approved by the Prime Minister.
4. Provincial-level People's Committees shall
organize the formulation and approval of detailed plannings on development of
inland waterway navigation infrastructures in their localities on the basis of
the regional plannings on development of inland waterway navigation
infrastructures.
5. Agencies competent to approve the
plannings on development of inland waterway navigation infrastructures shall
have to make public such plannings and decide on adjustments thereof.
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The construction, renovation and upgrading of
inland waterway navigation infrastructures must comply with plannings, ensure
technical criteria and navigation safety conditions for all subjects
participating in navigation and comply with law provisions on investment,
construction, dykes, flood and storm control.
Article 12.- Inland waterway signs
1. Inland waterway signs include buoys,
signboards, signal lights and other auxiliary devices, aiming to direct the
navigation of vessels operating on inland waterways.
2. The system of inland waterway signs
includes:
a/ Channel signs, which indicate the channel
limits or the directions for ships to proceed;
b/ Dangerous position signs, which indicate
the places where exist obstructions or other dangerous positions on channels.
c/ Notice sign, which display ban notices,
restriction notices or instructions on circumstances related to channels.
3. On the already publicized and managed
inland waterway routes the systems of inland waterway signs must be installed
and maintained.
4. Work owners, organizations and individuals
that cause obstructions on inland waterways shall have to install in time and
maintain inland waterway signs according to regulations throughout the duration
of construction of works or existence of such obstructions.
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Article 13.- Inland waterway ports and landing stages
1. Inland waterway port means a system of
constructed works for vessels, sea-going ships to berth, load and unload
cargoes, embark and disembark passengers and provide other services. Inland
waterway ports include public ports and exclusive ports.
Inland waterway landing stage means an
independent place which has been reinforced for vessels to berth, load and
unload cargoes, embark and disembark passengers. Inland landing stages include
public landing stages and exclusive ones.
Exclusive inland waterway ports and landing
stages mean inland waterway ports and landing stages of one or several economic
organizations, which are only used for loading and unloading cargoes and
supplies in service of the production or the building or repair of vessels of
such organizations.
2. The building of inland waterway ports and
landing stages must be in line with plannings and ensure technical standards.
3. Organizations and individuals, when
drawing up projects on construction of inland waterway ports or landing stages
must obtain written opinions of competent State management agencies in charge
of inland waterway navigation.
4. Inland waterway ports must be categorized
according to different technical grades. The Transport Minister shall prescribe
technical grades and criteria of technical grades of inland waterway ports as
well as criteria of inland landing stages, except for the case prescribed in
Clause 5 of this Article.
5. The Defense Minister, the Public Security
Minister and the Fisheries Minister shall, within the scope of their respective
tasks and powers, prescribe the criteria of inland waterway ports and landing
stages engaged on defense and security tasks, fishing ports and wharves.
Article 14.- Contents and area of protection of works belonging to
inland waterway navigation infrastructures
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2. The area of protection of works belonging
to inland waterway navigation infrastructures covers works and their protection
corridors, the airspace and underground space related to the safety of such
works and the safety of inland waterway navigation.
Article 15.- Channel protection
1. The channel protection area covers
channels, their protection corridors and the airspace and underground space
related to the safety of such channels and the safety of inland waterway
navigation.
2. All obstructions within the channel
protection areas must be cleared or handled under the provisions of Article 16
and Article 20 of this Law.
3. Work investors or organizations and
individuals engaged in the construction of works or mineral exploitation within
the channel protection areas must abide by the following provisions:
a/ When formulating projects on work
construction or mineral exploitation, written opinions of competent State
management agencies in charge of inland waterway navigation must be obtained;
b/ When building, renovating or upgrading
works being road bridges, rail bridges, or other works spanning channels, the
height and width of clear spans and safe depth of channel bottoms must be
ensured according to the criteria of the technical grades of inland waterway
navigation routes already determined in the publicized plannings;
c/ Before constructing works or exploiting
minerals, plans on ensuring uninterrupted and safe navigation must be made and
approved in writing by competent State management agencies in charge of inland
waterway navigation;
d/ When completing works or terminating the
mineral exploitation, obstructions caused by the work construction or mineral
exploitation must be cleared and there must be certifications of the inland
waterway management units in charge of the areas in question that navigation on
the channels has been ensured as before and the works' dossiers related to the
channel protection areas must be handed to the inland waterway management
units;
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Article 16.- Channel protection corridors
1. Within the areas of channel protection
corridors, fishery and other activities must not hide signs and affect the
visibility of persons directly steering vessels and must comply with the
guidance of the inland waterway management units.
When channel corridors change, the inland
waterway management units must inform such to organizations and individuals
engaged in fishery or other activities and ask them to relocate, narrow or
clear obstructions they cause on new channels.
2. Within the areas of channel protection
corridors, houses and other works must not be constructed and mineral must not
be exploited illegally.
3. Provincial-level People's Committees shall
prescribe in detail activities of marketplaces, fishing villages, craft
villages and other activities in the channel protection corridors, ensuring
uninterrupted, orderly and safe inland waterway navigation as well as
environmental protection.
4. The Government shall prescribe the areas
of channel protection corridors.
Article 17.- Protection of navigation embankments and dams
1. The area of protection of a navigation
embankment is prescribed as follows:
a/ For bank-casing embankments, this area
stretches 50 meters from the head and the end of such an embankment upstream
and downstream, at least 10 meters from the top of the embankment toward the
bank and 20 meters from the foot of the embankment towards the channel;
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2. The area of protection of a navigation dam
stretches 50 meters from both ends of the dam along the centerline in each
direction, 100 meters from the upstream foot of the dam upstream and from the
downstream foot of the dam downstream.
3. Within the areas of protection of
navigation embankments or dams, the following acts are prohibited:
a/ Placing materials, vessels and equipment,
causing slides of embankments or dams;
b/ Anchoring or mooring vessels;
c/ Using explosives, exploiting minerals or
other acts affecting embankments or dams.
Article 18.- Protection of other works belonging to inland waterway
navigation infrastructures
1. For inland waterway ports and landing
stages, locks, works used to help vessels pass dams or falls, their protection
areas cover land areas and water areas as decided by competent State agencies.
2. For inland waterway signals, mooring
pillars, mooring posts, water benchmarks, monuments, their protection areas
stretch 5 meters, measuring from the outermost point of each side of such
mooring pillars, mooring posts, water benchmarks, monuments outwards.
3. Within the protection areas of the works
prescribed in Clause 1 and Clause 2 of this Article, the following acts are
prohibited:
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b/ Damaging, arbitrarily displacing, or
reducing the effect of, signals;
c/ Discharging hazardous substances, thus
affecting the durability and useful life of works.
Article 19.- Responsibilities for protecting inland waterway navigation
infrastructures
1. People's Committees at all levels,
organizations and individuals shall have to protect inland waterway navigation
infrastructures.
2. Organizations and individuals, when
detecting any damaged or infringed works belonging to inland waterway
navigation infrastructures, must promptly inform the nearest People's
Committees, inland waterway navigation management units or police offices
thereof. The informed agencies or units must take remedial measures in time to
ensure uninterrupted and safe navigation.
Article 20.- Clearance of obstructions
1. Illegal obstructions on channels or
channel protection corridors must be cleared to ensure safe navigation.
Inland waterway management units shall have
to compile dossiers to monitor obstructions which may affect inland waterway
navigation safety.
2. Organizations or individuals causing
obstructions shall have to clear them within the time limits prescribed by the
inland waterway management units; if they fail to clear such obstructions
within the prescribed time limits, the inland waterway management units shall
clear such obstructions and the organizations or individuals causing
obstructions shall bear all costs therefor.
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Article 21.- Restrictions on navigation on inland waterways
1. Competent State management agencies in
charge of inland waterway navigation shall publicize the specific time,
positions and navigation restriction extent of inland waterways in the following
cases:
a/ Unexpected emergence of obstructions, thus
impeding navigation on the channels;
b/ Prevention and control of floods, storms,
natural calamities, rescue and salvage;
c/ Competent agencies' requests regarding
construction of works, sport, festive, exercising activities or assurance of
national defense and security on inland waterways.
2. The Transport Minister shall prescribe the
competence to publicize, and measures to ensure navigation in, the cases
specified in Clause 1 of this Article.
Article 22.- Inland waterway management and maintenance
The contents of inland waterway management
and maintenance include:
1. Surveying, monitoring and reporting on the
actual conditions of channels; organizing navigation; inspecting and
supervising the protection of works belonging to inland waterway navigation
infrastructures;
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Article 23.- Financial sources for inland waterway management and
maintenance
1. Financial sources to ensure the inland
waterway management and maintenance include:
a/ The State budget;
b/ Other sources prescribed by law.
2. The Government shall specify the
management and use of financial sources for inland waterway management and
maintenance.
Chapter III
INLAND
WATERWAY VESSELS
Article 24.- Operating conditions of vessels
1. Non-motorized vessels with a gross tonnage
of over 15 tons, motorized vessels with total main engine capacity of over 15
horse powers or vessels with a capacity of over 12 passengers, when operating
on inland waterways, must ensure the following conditions:
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b/ Having inland waterway vessel registration
certificates, technical safety and environmental protection certificates; being
painted or stuck with number plates, painted with safety waterlines and the
permitted numbers of passengers;
c/ Having a sufficient complement of crew and
a crew list.
2. For non-motorized vessels with a gross
tonnage of between 5 tons and 15 tons, motorized vessels with total main engine
capacity of between 5 horse powers and 15 horse powers or with a capacity of
between 5 passengers and 12 passengers, when operating on inland waterways,
must ensure the conditions specified at Point a and Point b, Clause 1 of this
Article.
3. For non-motorized vessels with a gross
tonnage of between 1 ton and under 5 tons each or a capacity of between 5
passengers and 12 passengers each, motorized vessels with total main engine
capacity of under 5 horse powers or a capacity of under 5 passengers, when
operating on inland waterways, must ensure safety, be painted with safety
waterlines and have registration certificates.
4. For rudimentary vessels with a gross
tonnage of under 1 ton or a capacity of under 5 passengers, when operating on
inland waterways, must ensure safety according to regulations of the
provincial-level People's Committees of the localities where their owners
register their permanent residences.
Article 25.- Vessel registration
1. Vessels which are of lawful origin,
satisfy the quality, technical safety and environmental protection standards as
prescribed by law shall be granted registration certificates by competent State
agencies.
2. Vessels of organizations or individuals
shall be registered at the places where their owners are headquartered or
register their permanent residences.
3. Vessels must be re-registered when
changing hands, changing their names, technical properties or when their owners
relocate their headquarters to, or register their permanent residences in,
other provinces.
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a/ Their vessels are missing;
b/ Their vessels are destroyed;
c/ Their vessels are irreparably damaged;
d/ Their vessels are sold abroad;
5. The Transport Minister shall prescribe the
registration of vessels, except for those specified in Clause 6 of this
Article.
6. The Defense Minister, the Public Security
Minister and the Fisheries Ministers shall, within the scope of their tasks and
powers, prescribe and organize the registration for vessels engaged on defense
or security tasks and fishing vessels.
7. Registration shall be exempt for vessels
specified in Clause 4, Article 24 of this Law.
8. Provincial-level People's Committees shall
organize the vessel registration according to the regulations of the Transport
Minister and organize the management of registration-exempt vessels.
Article 26.- Vessel registry
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a/ When building, transforming, repairing
vessels, they must have their design dossiers approved by registry offices;
b/ In the course of operation, their vessels
must be subject to inspection by Vietnam Registry offices in terms of technical
safety and environmental protection; they must bear responsibility for ensuring
that their vessels satisfy the prescribed technical safety and environmental
protection standards in inspection intervals.
2. Registry offices, when inspecting the
technical safety of vessels, must observe the system of Vietnamese processes
and standards and branch standards. The heads of registry offices and the
inspectors must bear responsibility for the inspection results.
3. The Transport Minister shall prescribe the
quality, technical safety and environmental protection standards of vessels;
prescribe and organize the uniform registry of vessels nationwide, excluding
vessels specified in Clause 4 of this Article.
4. The Defense Minister, the Public Security
Minister and the Fisheries Ministers shall, within the scope of their tasks and
powers, prescribe the quality, technical safety and environmental protection
standards of vessels engaged on defense or security tasks, and fishing vessels,
and organize the registry of vessels engaged on defense or security tasks, and
fishing vessels.
Article 27.- Establishments that build, transform and/or repair vessels
1. Establishments that build, transform
and/or repair vessels subject to registry under the provisions of Clause 1,
Article 26 of this Law must fully satisfy the conditions prescribed by the
Government.
2. When building, transforming or repairing
vessels subject to registry, the establishments must comply with the quality,
technical safety standards and as well as design dossiers already approved by
registry offices. In the course of building, they must be subject to inspection
and supervision by registry offices regarding quality, technical safety and
environmental protection standards.
Article 28.- Import of vessels
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Chapter IV
CREWMEN
AND STEERSMEN
Article 29.- Titles of crewmen and criteria thereof
1. Titles of crewmen on board vessels include
captain, vice-captain, chief engineer, deputy chief engineer, sailor and engine
technician.
Vessel owners shall have to sufficiently
arrange the titles and complement of crewmen working on board their vessels and
make crew lists as prescribed.
2. Crewmen working on board vessels must
ensure the following conditions:
a/ Being aged full 16 years or older but not
older than 55 years for women or 60 years for men;
b/ Being physically fit and having annual
medical checks;
c/ Having professional diplomas and
certificates suitable to their titles as well as the types of vessels.
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4. The Transport Minister shall prescribe the
title criteria, responsibility regime and complement of crewmen for each type
of vessel, excluding the case specified in Clause 5 of this Article.
5. The Defense Minister, the Public Security
Minister and the Fisheries Minister shall, within the scope of their tasks and
powers, prescribe the title criteria, responsibility regime and complement of
crewmen for vessels engaged on defense or security tasks, and fishing vessels.
Article 30.- Professional diplomas and certificates
1. Captain's and chief engineer's diplomas
are classified into three classes: first class, second class and third class.
2. Professional certificates include basic
safety training certificates, professional certificates and special
professional certificates.
3. Professional diplomas and certificates of
crewmen and steersmen shall be withdrawn or their use rights shall be deprived
of according to law provisions.
Article 31.- Training, grant of professional diplomas and certificates
1. Establishments engaged in training crewmen
and steersmen must fully satisfy the conditions specified in Clause 3 and
Clause 4 of this Article.
2. The training of crewmen and steersmen must
follow the contents and programs prescribed for each class of diploma and type
of professional certificate.
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4. The Defense Minister, the Public Security
Minister and the Fisheries Minister shall, within the scope of their tasks and
powers, prescribe the conditions of establishments engaged in training crewmen
and steersmen; enrolment regulations, training contents and programs, types of
professional certificates; regulations on examination, grant or changing of
diplomas and certificates of crewmen and steersmen of vessels engaged on
defense or security tasks, and fishing vessels.
Article 32.- Conditions for sitting examinations to acquire captain's
and chief engineer's diplomas of higher class
1. Holders of third-class captain's or chief
engineer's diplomas, who have worked under the third-class diploma titles for
at least 24 months or worked under their trained titles for at least 12 months,
for graduates of specialized intermediate vocational schools, may sit
examinations to acquire second-class captain's or chief engineer's diplomas.
2. Holders of second-class captain's or chief
engineer's diplomas, who have worked under the second-class diploma titles for
at least 36 months, may sit examinations to acquire first-class captain's or
chief engineer's diplomas.
Article 33.- Holding of the captain title
1. Crewmen who have a first-class captain's
diploma may hold the captain title for the following vessels:
a/ Passenger liners with a capacity of over
100 passengers each;
b/ Ferries with a gross tonnage of over 150
tons each;
c/ Cargo vessels with a gross tonnage of over
500 tons each;
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e/ Vessels other than those specified at
Points a, b, c and d, Clause 1 of this Article, with total main engine capacity
of over 400 horse powers each.
2. Crewmen who have a second-class captain's
diploma may hold the captain title for the following vessels:
a/ Passenger lines with a capacity of between
over 50 passengers and 100 passengers each;
b/ Ferries with a gross tonnage of between
over 50 tons and 150 tons each;
c/ Cargo vessels with a gross tonnage of
between over 150 tons and 500 tons each;
d/ Tow convoys with a gross tonnage of over
400 tons and 1,000 tons each;
e/ Vessels other than those specified at
Points a, b, c and d, Clause 1 of this Article, with total main engine capacity
of between over 150 horse powers and 400 horse powers each.
3. Crewmen who have a third-class captain's
diploma may hold the captain title for the following vessels:
a/ Passenger lines with a capacity of between
over 12 passengers and 50 passengers each;
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c/ Cargo vessels with a gross tonnage of
between over 15 tons and 150 tons each;
d/ Tow convoys with a gross tonnage of up to
400 tons each;
e/ Vessels other than those specified at
Points a, b, c and d, Clause 1 of this Article, with total main engine capacity
of between over 15 horse powers and 150 horse powers each.
4. Crewmen who have a captain's diploma of a
higher class may hold the captain title in vessels of a type for which the
captain title of a lower class is required.
5. Crewmen who have a captain's diploma may
hold the deputy captain title in vessels of a type for which the captain title
of an immediate lower class is required.
Article 34.- Holding of the chief engineer title
1. Crewmen who have a first-class chief
engineer's diploma may hold the chief engineer title for vessels with total
main engine capacity of over 400 horse powers each.
2. Crewmen who have a second-class chief
engineer's diploma may hold the chief engineer title for vessels with total
main engine capacity of between over 150 and 400 horse powers each.
3. Crewmen who have a second-class chief
engineer's diploma may hold the chief engineer title for vessels with total
main engine capacity of between over 15 and 150 horse powers each.
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5. Crewmen who have a chief engineer's
diploma may hold the deputy chief engineer title in vessels of a type for which
the chief engineer's title of an immediate higher class is required.
Article 35.- Conditions on steersmen
1. Steersmen of non-motorized vessels with a
gross tonnage of between 5 tons and 15 tons each, motorized vessels with a
total main engine capacity of between 5 horse powers and 15 horse powers each
or a capacity of between 5 passengers and 12 passengers each must fully satisfy
the following conditions:
a/ Being aged full 18 years or older but not
older than 55 years for women, or than 60 years for men;
b/ Having a medical agency's certificate that
he/she is physically fit, and can swim;
c/ Having a steersman's certificate.
2. Steersmen of non-motorized vessels with a
gross tonnage of under 5 tons or a capacity of up to 12 passengers each,
motorized vessels with a total main engine capacity of under 5 horse powers or
a capacity of under 5 passengers each must be aged full 15 years or older,
physically fit, can swim, must have been trained in inland waterway navigation
legislation and granted training certificates therefor. In case of using
vessels for business purposes, the steersmen's age must comply with the
provisions of Point a, Clause 1 of this Article.
3. Provincial-level People's Committees shall
organize the training and grant of vessels steersman's certificates and
certificates of inland waterway navigation law training to steersmen.
Chapter V
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Section 1. NAVIGATION
RULES
Article 36.- Observance of inland waterway navigation rules
1. Captains or steersmen, when steering
vessels on inland waterways, must obey inland waterway navigation rules and
signals prescribed in this Law.
2. Sea-going ship captains, when steering sea-going
ships on inland waterways, must obey inland waterway signals and navigation
rules applicable to motorized vessels.
3. Captains or steersmen of vessels underway
must steer their vessels at safe speeds so that they can handle circumstances
to avoid collision, not to cause danger to other vessels or harm works; keep a
safe distance between their vessels and other vessels; must slacken the speed
of their vessels in the following cases:
a/ Navigating in close proximity to vessels
being on operation on channels, vessels in distress, vessels transporting
dangerous cargoes;
b/ Navigating within the area of an inland
port or a landing stage;
c/ Navigating close to dykes or embankments
during the spate time.
4. Captains or steersmen of vessels underway
must not cling or tie their vessels to passenger vessels or dangerous cargo
vessels also underway or let passenger vessels or dangerous cargo vessels cling
or tie to their vessels, except for the case of rescue, salvage or force
majeure circumstances.
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1. When navigating under conditions of mist,
fog or heavy rain or other causes which restrict visibility, captains or
steersmen must slacken the speed of their vessels and at the same time release
sound signals as prescribed in Clause 1, Article 48 of this Law and arrange
lookouts at necessary places on board the vessels. If the route cannot be seen
clearly, they must anchor their vessels, arrange lookouts and release sound
signals as prescribed in Clause 2, Article 48 of this Law.
2. When their vessels arrive at
cross-channels or channel bends, captains or steersmen must slacken the speed
of their vessels, release signals repeatedly as prescribed in Article 46 of this
Law and keep their vessels to the signaled side of the channel till their
vessels pass the cross-channels or channel bends.
Article 38.- Priority rights of vessels on special duty
1. The following vessels on special duty
shall be given priority passage when passing locks, culverts, dams, irregularly
opened bridges, navigation control areas, cross-channels or channel bends in
the following order:
a/ Fire-fighting vessels;
b/ Salvage vessels;
c/ Dyke protection vessels;
d/ The army's or police's vessels on emergency
duty;
e/ Vessels or vessel convoys escorted or
guided by the police.
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3. Captains or steersmen of vessels not
specified in Clause 1 of this Article, when seeing or hearing the signals of
the vessels on special duty, must slacken the speed of their vessels, keep
their vessels to one side of the channel in order to give way.
Article 39.- Head-on vessels keeping out of each other's way
1. When two head-one vessels are in danger of
collision, their captains or steersmen must slow down their vessels and keep
out of the way of, and give way to, each other on the following principles:
a/ The vessel sailing upstream must keep out
of the way of, and give way to, the vessel sailing downstream. In case of
standing water, the vessel that releases the signal earlier must have its way
kept out and given way by the other vessel;
b/ Rudimentary vessels must keep out of the
way of, and give way to, motorized vessels, vessels with a smaller engine
capacity must keep out of the way of, and give way to, vessels with a larger
engine capacity; vessels proceeding alone must keep out of the way of, and give
way to, tow convoys.
c/ All vessels must keep out of the way of
rafts as well as vessels that are releasing not-under-command signals, vessels
in distress or vessels being on operation on channels.
2. When keeping out of the way of another
vessel, the vessel which is given way must early release a maneuvering signal
under the provisions of Article 46 of this Law and must sail to the signaled
side of the channel and the other vessel must keep out of the way and give way.
Article 40.- Crossing vessels keeping out of each other's way
When two crossing vessels are in danger of
collision, their captains or steersmen must slow down their vessels, keep out
of the way of, and give way to, each other on the following principles:
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2. All vessels must keep out of the way of
rafts;
3. Any motorized vessel, when seeing the
other motorized vessel on its starboard side, must keep out of the way of, and
give way to, such vessel.
Article 41.- Sailboats keeping out of the way of one another
1. Vessels, when proceeding under sail, shall
keep out of the way of one another on the following principles:
a/ Boats sailing windward keep out of the way
of boats sailing leeward;
b/ Boats having the wind on their port side
keep out of the way of boats having the wind on their starboard side;
c/ Boats sailing with greater wind exposure
keep out of the way of boats sailing with lesser wind exposure.
2. Other rudimentary vessels must keep out of
the way of sailboats.
Article 42.- Vessels overtaking others
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a/ Vessels intending to overtake must release
a long blast repeatedly;
b/ Vessels to be overtaken, when hearing this
blast, if finding overtaking safe, must slow down and release a maneuvering
signal under the provisions of Point a or Point b, Clause 1, Article 46 of this
Law, and keep to the signaled side of the channel till the overtaking vessels
are finally past and clear; if finding overtaking impossible, it must release 5
short blasts;
c/ Vessels intending to overtake can overtake
only when hearing the maneuvering sound signals of to be-overtaken vessels;
While overtaking, they must release the sound signal indicating the side on
which they are to overtake and must keep a safe horizontal distance from the
overtaken vessels.
2. Vessels intending to overtake must not
overtake in the following cases:
a/ At the places where there are
no-overtaking signs;
b/ There are vessels approaching or
obstructions ahead;
c/ At cross-channels, channel bends or at
places where there are narrow- channel signs;
d/ When sailing through the clear spans of
bridges, culverts, through locks or navigation control areas;
e/ Other cases where safety is not
guaranteed.
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1. Before steering their vessels through the
clear spans, captains or steersmen must observe the following provisions:
a/ Firmly grasping the width and height
parameters of the clear span, the state of the channel and current flow;
b/ Checking the system of steering, anchors,
anti-shock cushion, and support poles;
c/ For tow convoys, making a plan on the
assembly of the convoy suitable to the width and height of the clear span and
assigning specific duties to each crewman.
2. Captains or steersmen shall steer their
vessels through the clear spans only when they deem that all safety conditions
are met; in case of necessity, they must ask for guidance of the navigation
regulation sections or the inland waterway management units.
3. Captains or steersmen must steer their
vessels through the right spans where the clearance signal is shown; for clear
spans with channel-directing buoys, they must steer their vessels between the
two buoy lines.
4. Where there are whirlpools or swift
currents at the clear spans, if finding it unsafe, the captains or steersmen
must take measures to steer their vessels safely through the clear spans; in
case of waiting to pass through the clear spans, the vessels must be firmly
anchored in safe positions and lookouts must be arranged on board.
5. In navigation control areas, captains or
steersmen must obey the navigation controllers' orders.
Article 44.- Anchoring of vessels
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Vessels anchored alongside a bank must
arrange a gangway for crewmen of vessels anchored outside and people on
official duty to pass through.
2. Where it is necessary to anchor vessels
outside the area of an inland waterway port or landing stage for passengers to
embark or disembark or for cargoes to be loaded or unloaded, the permission of
the competent State management agency in charge of inland waterway navigation
is required. Other vessels may stop alongside these vessels for passengers to
embark or disembark or for cargoes to be transshipped when the latter have been
moored.
3. Before leaving an inland waterway port or
landing stage or their berths, vessels must release sound signals and may raise
anchor only when they deem it safe.
4. Vessels must not be anchored or moored in
mid-channels, at cross-channels or channel bends, within the protection
corridors of bridges or other works, and in places where exist no-anchoring
signs.
Section 2. SIGNALS OF
INLAND WATERWAY NAVIGATION VESSELS
Article 45.- Signals of vessels
1. Signals of vessels, which are used to
notify the vessels' operating state, include:
a/ Sound signals, which are sound signals
sent out from whistles, bells, gongs or other things;
b/ Light signals, which are lighted signals
used from sunset to sunrise or in case of restricted visibility;
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d/ Signal flags, which are flags with
specific shapes, colors and sizes for use in the cases prescribed by this Law.
2. The Transport Minister shall prescribe the
technical standards of sound signals, light signals, signs and flag signals.
Article 46.- Maneuvering signals
1. When needing to alter their vessels'
course, captains or steersmen must release sound signals to maneuver the
vessels they are steering as follows:
a/ One short blast to mean: altering the
course to starboard;
b/ Two short blasts to mean: altering the
course to port;
c/ Three short blasts to mean: operating
astern propulsion.
2. Apart from sound signals specified in
Clause 1 of this Article, vessels may at the same time send out light signals
as follows:
a/ One flash to mean: altering the course to
starboard;
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c/ Three flashes to mean: operating astern
propulsion.
Article 47.- Warning sound signals
Captains or steersmen shall notify the
operating state of the vessels they are steering with the following blasts:
1. Four short blasts to mean: calling for
help;
2. Five short blasts to mean: cannot give
way;
3. One long blast to mean: asking for
passage, attention;
4. Two long blasts to mean: stop;
5. Three long blasts to mean: about to enter
the landing stage, leave the landing stage, farewell;
6. Four long blasts to mean: asking for
opening of bridge, culvert or lock;
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8. One long blast followed by two short
blasts to mean: the vessel has run aground or is engaged on an operation on the
channel;
9. Two long blasts followed by two short
blasts to mean: the vessel is not under command.
Article 48.- Sound signals in case of restricted visibility
When visibility is restricted by mist, fog,
heavy rain or other causes, vessels must release sound signals as follows:
1. A long blast at intervals of two minutes
to mean: the vessel has slowed down or turned off its engine but is still
making through the water;
2. Two long blasts at intervals of two
minutes to mean: the vessel has stopped.
Article 49.- Classification of vessels for the use of signals
Vessels are classified into the following six
categories for use of signals:
1. Category A covers motorized vessels with
total main engine capacity of 50 horse powers or more each;
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3. Category C covers non-motorized vessels
with a gross tonnage of 50 tons or more each;
4. Category D covers motorized vessels with
total main engine capacity of under 5 horse powers and non-motorized vessels
with a gross tonnage of under 50 tons each;
5. Category E covers rafts of over 25 meters
in length and over 5 meters in breadth each;
6. Category F covers rafts of up to 25 meters
in length and up to 5 meters in breadth each.
Article 50.- Signal lights on vessels proceeding alone
1. For category-A vessels:
a/ The light mast shall be exhibited with a
white fore light at least 3 meters above the water surface; two sidelights, the
green one on the starboard side and the red one on the port side, placed
laterally and lower than the white fore light at least one fourth of the white
fore light's height; a white sternlight placed lower than the white fore light,
shall be exhibited;
b/ For vessels with a design speed of 30
km/hour or higher and the greatest length of 12 meters or longer, in addition
to the signal lights specified at Point a of this Clause, the light mast shall
be also exhibited with a flashing yellow light 0.5 meter above the white fore
light;
c/ For vessels with a design speed of 30
km/hour or higher and the greatest length of under 12 meters, the light mast
shall be exhibited with a flashing yellow light;
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2. For category-B vessels, the light mast
shall be exhibited with a half-green and half-red light at least 2 meters above
the water surface.
3. For category-C vessels, two sidelights,
the green one on the starboard side and the red one on the port side, and a
white sternlight shall be exhibited.
4. For category-D vessels, a white light
placed at least 2 meters above the water surface shall be exhibited.
5. For category-E vessels, a red light shall
be exhibited amidships; two white lights shall be exhibited on the centerline
of the raft, one at the fore and one at the aft; for a raft of 15 meters in
breadth, the white lights on the centerline shall be substituted with four
white lights placed at the four corners of the raft, at least 1.5 meters above
the water surface.
6. For category-F vessels, a red light shall
be exhibited amidships, at least 1.5 meters above the water surface.
Article 51.- Signals on tug convoys
1. For category-A tug vessels:
a/ At night, in addition to the signal lights
specified in Clause 1, Article 50 of this Law, when towing, the light mast
shall be also exhibited with a white fore light if the tow convoy is of under
100 meters in length or two white fore lights, 1 meter away, shall be also
exhibited if the tow convoy is of 100 meters or more in length;
b/ At daytime, on the light mast, each white
fore light shall be substituted with a sign consisting of two overlapping black
balls, each of 0.3 meter in diameter.
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a/ At night, in addition to the half-green
and half-red light, when towing, on the light mast, a white light shall be also
exhibited 0.5 meter higher than the half-green and half-red light;
b/ At daytime, on the light mast two signs
shall be hoisted, each consisting of two overlapping black balls, of 0.3 meter
in diameter.
3. For tugged vessels:
a/ For category-A and category-C vessels,
only leading vessels shall exhibit sidelights; if vessels are assembled in many
rows, the outermost vessels shall exhibit lights on the outward sides while the
vessels towed last must exhibit white sternlights;
b/ Category-B, category-D, category-E and
category-F vessels shall exhibit corresponding signal lights prescribed in
Article 50 of this Law;
c/ Where only one vessel is tugged with
nobody on board and the length from the stern of the tugged vessel to the stern
of the tug vessel does not exceed 6 meters, the tugged vessel is not required
to exhibit lights.
Article 52.- Signals on convoys towed alongside
1. On category-A towing vessels:
a/ At night, in addition to the signal lights
specified in Clause 1, Article 50 of this Law, the light mast shall be also
exhibited with a white fore light 1 meter higher than the first white fore
light;
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2. For category-B towing vessels, they shall
exhibit the signals prescribed in Clause 2, Article 51 of this Law.
3. For towed vessels:
a/ Category-A and category-C vessels shall exhibit
sidelights and white sternlights;
b/ For category-B, category-D and category-F
vessels, outermost vessels shall exhibit corresponding signal lights as
prescribed in Article 50 of this Law; vessels in the center are not required to
exhibit lights.
c/ Category-E vessels shall exhibit a red
light amidships, two white lights at two outer corners; all of these lights
must be placed at least 1.5 meters above the water surface.
Article 53.- Signals on convoys towed by pushing
1. On category-A pushing vessels:
a/ At night, in addition to the signal lights
prescribed in Clause 1, Article 50 of this Law, the light mast shall be also
exhibited with a green light 1 meter higher than the white fore light;
b/ At daytime, the light mast shall be
hoisted with a sign consisting of two overlapping black equilateral triangles,
with their apexes upwards and each side of 0.3 meter in length.
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a/ At night, in addition to the signal lights
specified in Clause 2, Article 50 of this Law, the light mast shall be
exhibited with a green light 0.5 meter higher than the half-green and half-red
lights;
b/ At daytime, hoisted on the light mast must
be a sign prescribed at Point b, Clause 1 of this Article.
3. For pushed vessels:
a/ For category-A and category-C vessels, the
leading vessels shall exhibit sidelights; where the vessels are assembled in
many rows, only outermost vessels must exhibit corresponding sidelights;
b/ For category-B and category-D vessels,
leading vessels shall exhibit corresponding signal lights as prescribed in
Clause 2 and Clause 4, Article 50 of this Law.
Article 54.- Signals on mixed tow convoys
1. For towing vessels with captains
commanding the tow convoys:
a/ On category-A vessels: At night, in
addition to the signal lights prescribed in Clause 1, Article 50 of this Law,
the light mast shall be also exhibited with two green lights, one higher than
and the other lower than the white fore light, 1 meter away; at daytime, the
light mast shall be hoisted with two signs, each consisting of two overlapping
black rectangles sized 0.3 meter x 0.6 meter, with their apexes upwards;
b/ On category-B vessels: At night, in
addition to the signal lights specified in Clause 2, Article 50 of this Law,
the light mast shall be exhibited with two green lights, 0.5 meter away, and
the lower one being 0.5 meter higher than the half-green and half-red light; at
daytime, the light mast shall be hoisted with a sign as prescribed at Point a
of this Clause.
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3. Towed vessels shall exhibit corresponding
signals as prescribed in Clause 3 of Article 51, Clause 3 of Article 52 and
Clause 3 of Article 53 of this Law.
Article 55.- Signals on vessels not under command
When their vessels no longer operate under
the command of the captains or steersmen, sound signals must be released
according to the provisions of Clause 9, Article 47 of this Law and at the same
time signals must be displayed as follows:
1. At night, a red light shall be exhibited
at the highest position of the vessel, if the vessel is still making way
through the water, it must, for category-A vessels, additionally exhibit sidelights
and a white sternlight or, for category-B vessels, a half-green and half-red
light;
2. At daytime, hoisted at the highest
position of the vessel shall be a sign consisting of two overlapping black
square-corner diamonds with each side being 0.3 meter in length and their
apexes upwards.
Article 56.- Signals on anchored vessels
1. At night, a vessel with the greatest
length of 45 meters or under shall exhibit a white fore light at least 3 meters
above the water surface; a vessel with the greatest length of over 45 meters
shall additionally exhibit a white sternlight 1 meter lower than the white fore
light.
At places where narrow-channel signs are put
up, anchored vessels shall additionally exhibit a white light at the position
nearest to the mid-channel.
Rafts anchored outside inland waterway ports
or landing stages shall exhibit a red light amidships and two white lights at
the two corners toward the channel.
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Article 57.- Signals on vessels engaged in operations or vessels aground
on channels
1. For vessels engaged in operations or
vessels aground on channels where part of channel is still navigable:
a/ At night, at the highest position of the
light mast, two lights, the red one 1 meter higher than the green one, shall be
exhibited; at the side looking to the navigable channel part a white light 2
meters above the water surface shall be exhibited;
b/ At daytime, hoisted at the highest
position of the light mast shall be a sign consisting of two overlapping black
squares, with each side being of 0.3 meter in length and their apexes upwards.
2. For vessels engaged in operations or
vessels aground on channels, thus entirely blocking passage:
a/ At night, at the highest position of the
light mast two red lights, 1 meter away shall be exhibited;
b/ At daytime, hoisted at the highest
position of the light mast shall be a sign consisting of two overlapping black
squares, with each side of 0.3 meter in length and their apexes upwards.
3. At cross-channels or channel bends where
visibility is restricted, in addition to the signals prescribed in Clause 1 and
Clause 2 of this Article, vessels must arrange look-outs and release sound
signals as prescribed in Clause 8, Article 47 of this Law.
Article 58.- Signals on motorized passenger vessels
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2. At daytime, at the highest position of the
light mast, a yellow pennant shall be hoisted.
Article 59.- Signals on dangerous cargo vessels
1. At night, in addition to the signal lights
prescribed in Article 50 of this Law, at the highest position of the light
mast, a red light shall be exhibited.
2. At daytime, at the highest position of the
light mast a letter-B signal flag shall be hoisted.
Article 60.- Signals on fishing vessels
1. At night, in addition to the signal lights
prescribed in Article 50 of this Law, vessels which have spread fishing nets
shall additionally exhibit in the direction of the nets two lights, the white
one being higher than the green one and the green one placed at least 2 meters
higher than the water surface.
2. At daytime, vessels with the greatest
length of 20 meters or more shall exhibit on the light mast a sign consisting
of two white equilateral triangles, each side being of 0.3 meter in length,
with their apexes together one above the other in a vertical line; vessels with
the greatest length of under 20 meters shall exhibit on the light mast a sign
consisting of two overlapping white balls, of 0.3 meter in diameter each.
Article 61.- Signals on vessels with men falling overboard
1. At night, exhibited on the light mast
shall be three lights 1 meter away, the highest and the lowest being red, the
middle being green, and the lowest red light being 2 meters higher than the
water surface and sound signals shall be continuously released as prescribed in
Clause 7, Article 47 of this Law.
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Article 62.- Signals
on vessels calling for help of inland waterway police or inspectors
1. At night, the light mast shall be
exhibited with two lights, the green one being 1 meter higher than the red one.
2. At daytime, a green flag shall be hoisted
on the light mast.
Article 63.- Signals on vessels with diseased people or animals
1. At night, at the highest position of the
light mast, a yellow light shall be exhibited.
2. At daytime, on the light mast a letter-Q
signal flag shall be hoisted above a letter-L signal flag.
Article 64.- Signals on vessels in distress, calling for help
1. At night, on the light mast shall be
exhibited with a flashing red light and continuous short blasts shall be
released or continuous bell or gong sounds shall be made.
2. At daytime, on the light mast, a letter-N
signal flag shall be hoisted above a letter-C signal flag and sound signals
shall be released as prescribed in Clause 1 of this Article.
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Inland waterway police shall put up signals
of navigation inspection posts, patrol and navigation inspection vessels as
follows:
1. At navigation inspection posts, at high
positions where it can be best seen:
a/ At night, on a vertical mast, two lights,
the green one being 0.6 meter higher than the white one, shall be exhibited;
b/ At daytime, a letter-K signal flag shall
be hoisted.
2. On navigation patrol or control vessels:
a/ At night, in addition to the signal lights
specified in Article 50 of this Law, at the highest position of the light mast,
two lights, the green one being 0.6 meter higher than the white one, shall be
exhibited.
b/ At daytime, at the highest position of the
light mast a letter-K signal flag shall be hoisted.
Article 66.- Signals to ask vessels for navigation inspection
In addition to the signals prescribed in
Article 65 of this Law, waterway navigation police shall release signals to ask
vessels to come for navigation inspection as follows:
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2. At daytime, in the direction of the
vessels which need to be inspected, the letter-K signal flag shall be waved
three times vertically downwards and at the same time a long blast followed by
a short one followed by a long one shall be released.
3. The vessels which receive the signals
prescribed in Clause 1 or Clause 2 of this Article must submit to the
inspection according to law provisions.
Article 67.- Signals on vessels engaged on special duty
In addition to the signal lights specified in
Article 50 of this Law, vessels engaged on special duty must use simultaneously
sound signals, signal lights and signal flags as follows:
1. Priority whistles with special sounds;
2. Rotating signal lights fitted on the light
mast, with the following colors:
a/ Green color for fire-fighting vessels,
police vessels engaged on emergency duty, escorting or leading duty;
b/ Red color for salvage vessels, dyke
protection vessels, military vessels engaged on emergency duty.
3. Signal flags:
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b/ Red pennant with a military badge for
military vessels;
c/ Green pennant with a police badge for
police vessels;
d/ Red pennant for fire-fighting or dyke
protection vessels.
Article 68.- Signals on pilot vessels
1. At night, in addition to the signal lights
prescribed in Article 50 of this Law, on the light mast two lights shall be
also exhibited, with the white one being 0.5 meter higher than the red one
which is also 0.5 meter higher than the white fore light or the half-green and
half-red light.
2. At daytime, on the light mast, a letter-H
signal flag shall be hoisted.
Chapter VI
ACTIVITIES
OF INLAND WATERWAY PORTS, LANDING STAGES, PORT AUTHORITIES AND INLAND WATERWAY
PILOTS
Article 69.- Management
of activities of inland waterway ports and landing stages
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2. Investors of inland waterway ports or
landing stages shall directly operate them, or lease their operation.
3. Cargo loading and unloading as well as
passenger service businesses at inland waterway ports or landing stages are
conditional businesses.
4. The Transport Minister shall prescribe the
management of activities of inland waterway ports and landing stages and
decentralize such management, except for the case prescribed in Clause 5 of
this Article.
5. The Defense Minister, the Public Security
Minister and the Fisheries Minister shall, within the scope of their respective
tasks and powers, prescribe the management of activities of inland waterway
ports and landing stages engaged on defense and security tasks, fishing ports
and wharves.
6. The provincial-level People's Committee
presidents shall organize the management of activities of cross-river passenger
landing stages as well as inland waterway ports and landing stages
decentralized to them for management.
Article 70.- Operations of vessels, sea-going ships at inland waterway
ports, landing stages
1. Captains or steersmen may only steer their
vessels or sea-going ships into inland waterway ports or landing stages
permitted to operate; when entering, leaving or anchoring at inland waterway
ports or landing stages, they must complete all procedures prescribed by the
Transport Minister.
2. Crewmen and steersmen of vessels or
sea-going ships operating within inland waterway ports or landing stages must
observe law provisions and regulations of such inland waterway ports or landing
stages.
Article 71.- Inland waterway port authorities
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2. The Transport Minister shall prescribe the
organization, activities and scope of activity of inland waterway port
authorities.
Article 72.- Tasks, powers of inland waterway port authorities
1. To prescribe the berths of vessels and
sea-going ships in the waters of inland waterway ports and landing stages.
2. To inspect the observance of law
provisions on navigation safety and environmental protection by vessels and
sea-going ships; check the professional diplomas and certificates of crewmen
and steersmen; grant permits for vessels and sea-going ships to enter and leave
inland waterway ports or landing stages.
3. To ban vessels and sea-going ships from
entering or leaving inland waterway ports or landing stages when such inland
waterway ports, landing stages or vessels fail to ensure safety conditions or
inland waterway ports or landing stages fail to meet law-prescribed conditions
on their activities.
4. To notify the situation of channels to
vessels and sea-going ships entering and leaving inland waterway ports or
landing stages.
5. To inspect the safety conditions of docks,
landing stages, channels, signals and other relevant facilities in the areas of
inland waterway ports and landing stages; when detecting unsafe signs, to
notify them to responsible organizations or individuals for timely handling.
6. To supervise the operation and use of
docks and landing stages in order to ensure safety; to request organizations
and individuals operating inland waterway ports or landing stages to suspend
the operation of docks or landing stages when deeming that such operation may
affect the safety of people, vessels or facilities.
7. To organize the search and rescue of
people, cargoes, vessels and sea-going ships in distress in the waters of
inland waterway ports or landing stages.
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9. To participate in making written records
and conclusions on the causes of accidents or incidents having happened in the
areas of inland waterway ports or landing stages; to request the involved
parties to remedy accident consequences.
10. To sanction administrative violations,
seize means; to collect charges and fees according to law provisions.
11. To assume the prime responsibility for,
and coordinate with other State management agencies at inland waterway ports or
landing stages in, receiving foreign vessels and sea-going ships.
Article 73.- Inland waterway pilotage
1. Foreign vessels and sea-going ships, when
operating on inland waterways, must comply with the compulsory pilotage regime.
Vietnamese vessels and sea-going ships may request pilotage when deeming it
necessary.
2. The use of pilots shall not exempt or
reduce the command responsibility of captains, including the case where the use
of pilots is compulsory.
Captains are entitled to select pilots or
request replacement of pilots.
3. The Transport Minister shall prescribe the
organization and activities of pilots, their criteria and professional
certificates.
Article 74.- Tasks of pilots
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2. Pilots shall be obliged to inform captains
of the situation of channels in the areas where they pilot vessels or sea-going
means; warn captains about acts against regulations on assurance of inland
waterway navigation safety and other law provisions.
When captains deliberately refuse to follow
reasonable instructions or warnings of pilots, pilots may refuse to pilot
vessels or sea-going ships to the witness of third persons.
3. Pilots shall be obliged to inform the
directors of inland water port authorities of channel changes they detect when
piloting vessels or sea-going ships.
Article 75.- Responsibilities of captains during the time of hiring
pilots
1. Captains shall have to inform pilots of
the properties and characteristics of vessels or sea-gong ships; ensure safety
for pilots when they get on board or leave vessels or sea-going ships; provide
pilots with working and living conditions when they stay on board vessels or
sea-going ships.
2. After accomplishing their duties, if
pilots cannot leave vessels or sea-going ships at the agreed places, captains
must seek measures to let pilots leave vessels or sea-going ships and bear all
expenses for pilots to return to the pilot-receiving places.
3. Captains shall have to pay pilotage
according to law provisions.
Article 76.- Responsibilities of vessel owners and pilots when damage is
inflicted
When damage is inflicted due to the pilots'
fault, the vessel owners shall have to compensate for such damage like damage
due to crewmen' fault; pilots shall be exempt from compensating for material
damage but must bear administrative or penal liability according to law
provisions.
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INLAND
WATERWAY TRANSPORT
Article 77.- Inland waterway transport activities
1. Inland waterway transport consists of
passenger transport and cargo transport.
2. Inland waterway transport business is a
conditional business.
3. Inland waterway transporters may only put
vessels into operation according to their uses and operation areas stated in
the technical safety and environmental protection certificates granted by
registry offices.
4. Transported cargoes must be tidily and
firmly arranged, ensuring stability for vessels, must not obstruct the
visibility of steersmen, not affect activities of crewmen on duty, not obstruct
the operation of the steering systems, anchors and other safety equipment; they
must not be loaded in excess of the breadth and length of vessels.
5. People dealing in the transport of fire-
or explosion-prone cargoes on inland waterways must buy insurance of civil
liability towards third persons; people dealing in the transport of passengers
must buy insurance of transport dealers' civil liability towards passengers.
Insurance conditions, insurance premium
levels and minimum insurance amounts shall be prescribed by the Government.
6. Organizations and individuals engaged in
inland waterway transport activities must, apart from observing this Law's
provisions on transport, also abide by other law provisions.
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1. Transport of passengers on inland
waterways may take the following forms:
a/ Transport of passengers on fixed routes,
which means transport from departure ports or landing stages to destination
ports or landing stages according to stable itineraries;
b/ Transport of passengers under consignment
contracts, which means transport at the requests of passengers on the basis of
contracts;
c/ Cross-river transport of passengers, which
means transport from one bank to the other bank, excluding cross-river
transport by ferry.
2. People dealing in passenger transport on
fixed routes or under consignment contracts shall have the following
responsibilities:
a/ To publicize and strictly keep to the
voyage timetables or transport schedules, publicize freights, and draw up the
passenger list for each voyage;
b/ To arrange vessels which ensure the
operating conditions prescribed in Article 24 of this Law.
3. Captains or steersmen of passenger vessels
or passenger-cum-cargo vessels must observe the following provisions:
a/ Before setting off, to check the safety
conditions for people and vessels, announce safety rules and the way of using
safety equipment and devices to passengers; not to let passengers stand or sit
at unsafe places;
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c/ Not to carry fire- or explosion-prone
and/or hazardous cargoes, large animals together with passengers; not to let
passengers take diseased animals on board;
d/ When rain-storms or typhoons strike, not
to let vessels leave ports or landing stages; if vessels are underway, to seek
for safe shelters.
Article 79.- Cross-river passenger transport
1. Vessels engaged in cross-river passenger
transport must ensure the operating conditions prescribed in Article 24 of this
Law.
2. Apart from observing the provisions of
Clause 3, Article 78 of this Law, captains and steersmen of vessels engaged in
cross-river passenger transport must also observe the following provisions:
a/ Having adequate life-saving devices whose
useful life has not yet expired and arranging them at prescribed places;
b/ Guiding passengers to embark and
disembark; arranging cargoes, luggage; guiding passengers to sit on their
seats, thus ensuring stability for vessels;
c/ Permitting vessels to start off only after
passengers have been stably seated; cargoes, luggage, motorcycles and/or
bicycles have been arranged neatly, and after making sure that vessels are not
submerged more deeply than their safety waterlines;
d/ Not transporting passengers in excess of
the passenger-transporting capacity of vessels or cargoes in excess of
prescribed tonnage.
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Article 80.- Transport by small vessels
Non-motorized vessels with a gross tonnage of
under 5 tons each, motorized vessels with main engine capacity of under 5 horse
powers each, non-motorized vessels with a capacity of up to 12 passengers each,
when transporting passengers, must have enough firm and safe seats as well as
adequate life-saving devices corresponding to the number of passengers on
board; when transporting cargoes, they must not transport volumes in excess of
their prescribed tonnage, not arrange cargoes in such a way that obstructs the
visibility of steersmen, destabilizes the vessels or affects the steering of
the vessels.
Article 81.- Passenger transport contracts, passenger tickets
1. Passenger transport contract means an
agreement between a transport dealer and a transport hirer on the transport of
passengers and luggage from a departure port or landing stage to a destination
port or landing stage, which defines the obligations and interests of the
involved parties. Passenger transport contracts shall be made in writing or in
forms agreed upon by the two parties.
2. Passenger tickets are proof of the entry
into passenger transport contracts. Passenger tickets must be made according to
prescribed forms, containing the names and registration numbers of vessels, the
names of departure ports or landing stages and destination ports or landing
stages; departure dates and hours, and prices.
3. The exemption from tickets, reduction of
ticket prices, ticket purchase priority and return of tickets shall comply with
the regulations of the Transport Minister.
Article 82.- Rights and obligations of passenger transport dealers
1. Passenger transport dealers have the
following rights:
a/ To request passengers to fully pay
passenger transport charges, transport charges for accompanying luggage in
excess of the law-prescribed quota;
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2. Passenger transport dealers shall have the
following obligations:
a/ To give passenger tickets, receipts of
luggage transport charges, consigned baggage to persons who have fully paid
transport charges;
b/ To transport passengers, luggage and
consigned baggage from departure ports or landing stages to destination ports
or landing stages inscribed on tickets or from and to the right places as
agreed upon in their contracts, ensuring safety and schedule;
c/ To ensure minimum living conditions for
passengers in case of transportation disruption due to accidents or force
majeure causes;
d/ To create favorable conditions for
competent State agencies to check passengers, luggage and consigned baggage
when necessary;
e/ To compensate passengers if failing to
transport them on time to the places as agreed upon for any loss or damage of
luggage, consigned baggage or for their death or physical injuries caused due
to the passenger transport dealers' fault.
Article 83.- Rights and obligations of passengers
1. Passengers shall have the following
rights:
a/ To request to be transported by vessels of
the right type, according to the value of their tickets, from departure ports
or landing stages to destination ports or landing stages as indicated in the
bought tickets;
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c/ To refuse to go on the voyages before
vessels leave ports or landing stages and to be refunded fares according to
regulations. Once vessels have set off, if disembarking their vessels at any
ports or landing stages, they shall not be refunded fares, except for the cases
prescribed by the Transport Minister;
d/ To request the payment of arising expenses
and damage compensation in cases where the passenger transport dealers fail to
transport them on time to the places as agreed upon in their contracts.
2. Passengers shall have the following
obligations:
a/ To buy passenger tickets and pay charges
for accompanying luggage in excess of the prescribed quota; if failing to buy
tickets and fully pay charges for accompanying luggage in excess of the
prescribed quota, to buy tickets and fully pay charges together with fines;
b/ To precisely declare the names and
addresses of their own and accompanying children for the passenger transport
dealers to make passenger lists;
c/ To be present at the departure places on
time as agreed upon; to observe transportation rules and safety instructions of
captains or steersmen of the vessels;
d/ Not to carry luggage being goods which are
banned by law from circulation or transportation together with passengers.
Article 84.- Luggage, consigned baggage
1. Luggage and consigned baggage shall be
accepted for transportation only when they are other than goods banned by law
from circulation, of sizes and volumes suitable to vessels, properly packed,
their freights have been fully paid and they are delivered to transport dealers
before vessels set out on the time as agreed upon by the two parties in their
contracts.
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3. Passengers with luggage, when receiving
such luggage, must produce passenger tickets and luggage freight receipts.
4. Recipients of consigned baggage must
produce consigned baggage receipt notices, written consigned goods
declarations, freight receipts and personal identity papers.
5. Transport dealers shall have to compensate
for losses or damage of luggage and consigned baggage according to law
provisions.
Article 85.- Insurance of transport dealers' civil liability towards
passengers
1. Passenger tickets and lists of passengers
on board vessels on each voyage shall serve as bases for payment of insurance
to passengers when risks or incidents happen; for cross-river passenger
transport, compensation shall be paid under insurance contracts between
transport dealers and insurers.
2. The payment of insurance indemnities to
passengers shall comply with law provisions.
Article 86.- Cargo transport contracts, cargo consignment documents and
bills of lading
1. Cargo transport contract means an
agreement between a transport dealer and a transport hirer, containing the
rights and obligations of the two parties. Transport contracts shall be made in
writing or other forms agreed upon by the two parties.
2. Cargo consignment document constitutes
part of a transport contract, made by the transport hirer and forwarded to the
transport dealer before the delivery of cargo. Cargo consignment documents may
be made for the whole volumes of cargoes to be transported as hired or for each
consignment as agreed upon by the two parties in their contracts.
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3. Bill of lading is a cargo delivery and
receipt document between a transport dealer and a transport hirer, serving as a
proof for dispute settlement.
Bills of lading shall be made by transport
dealers after cargoes have been loaded on board vessels and signed by transport
hirers or their authorized persons.
Bills of lading must clearly state the goods
types, signs and codes; quantities and volumes; delivery and receipt places;
names and addresses of goods consignors; names and addresses of goods
consignees; freights and arising expenses; other details which transport
dealers and transport hirers agree to inscribe in bills of lading; and
certifications by transport dealers of the conditions of cargoes received for
transport.
Article 87.- Rights and obligations of cargo transport dealers
1. Cargo transport dealers shall have the
following rights:
a/ To request transport hirers to provide
necessary information on cargoes for inscription in bills of lading and to
check the authenticity of such information;
b/ To request transport hirers to fully pay
freights and arising expenses; to request transport hirers to compensate for
damage caused by their breaches of the agreed contracts;
c/ To refuse to transport cargoes which are
not delivered by transport hires as agreed upon in the contracts;
d/ To request the expertise of cargoes when
necessary;
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2. Cargo transport dealers shall have the
following obligations:
a/ To supply vessels of the right types, at
the right places; to preserve cargoes in the course of transport and deliver
cargoes to their recipients as agreed upon in the contracts;
b/ To notify transport dealers of the time
the vessels arrive at ports or landing stages and the time the vessels complete
all procedures for entry into ports or landing stages. The time of notification
shall be agreed upon by the involved parties in their contracts;
c/ To guide the cargo loading onto, and
unloading from, vessels;
d/ To compensate transport dealers for losses
or damage of part or the whole of cargoes, which happened in the course of
transport from the receipt to the delivery of goods, except for the case
prescribed in Clause 1, Article 94 of this Law.
Article 88.- Rights and obligations of cargo transport hirers
1. Cargo transport hirers shall have the
following rights:
a/ To refuse to load cargoes onto vessels
arranged by transport dealers if such vessels are not suitable for the
transport of such cargoes as agreed upon in the contracts;
b/ To request transport dealers to deliver
cargoes at the right places and on time as agreed upon in the contracts;
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2. Cargo transport hirers shall have the
following obligations:
a/ To prepare all lawful papers related to
cargoes before delivering cargoes to transport dealers; to properly pack
cargoes, fully and clearly inscribe cargo signs and codes; to deliver cargoes
to transport dealers at the right places, on time and according to the other
contents of cargo consignment papers.
b/ To pay freights and arising expenses to
cargo transport dealers; for contracts performed for each consignment, to fully
pay freights and arising expenses after cargoes have been loaded onto vessels,
unless otherwise agreed upon in the contracts; for contracts performed over a
longer period for many consignments, periodical payments may be made as agreed
upon by the two parties but to fully pay freights as contracted before the end
of the last consignment, unless otherwise agreed upon in the contracts;
c/ To send people to escort cargoes
throughout the course of transport, for kinds of cargoes subject to escort.
Article 89.- Rights and obligations of cargo consignees
1. Cargo consignees shall have the following
rights:
a/ To receive and check cargoes they receive
and compare them with bills of lading;
b/ To request transport dealers to pay
expenses incurred due to late cargo delivery;
c/ To request or ask transport hirers to
request transport dealers to compensate for cargo losses and/or damage;
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2. Cargo consignees shall have the following
obligations:
a/ To receive cargoes on time at the places
as agreed upon; to produce bills of lading and personal identity papers to
transport dealers when receiving cargoes;
b/ To pay expenses incurred due to their late
receipt of cargoes;
c/ To notify transport dealers of cargo
losses or damage immediately upon receiving such cargoes or within three days
after receiving such cargoes if it is impossible to detect damage through
external observance.
Article 90.- Handling of consigned cargoes, luggage and consigned
baggage without recipients or disclaimed by consignees
1. When consigned cargoes, luggage or
consigned baggage have been transported to their destination places but there
are no recipients or their recipients decline to receive them, transport
dealers may send such cargoes, consigned luggage or consigned baggage to safe
and appropriate places and immediately notify transport hirers thereof; all
arising expenses shall be incurred by transport hirers.
2. Past thirty days counting from the date of
notification by transport dealers to transport hirers, if transport dealers
receive no reply of transport hirers or are not fully paid for arising
expenses, they may auction cargoes, luggage or consigned baggage in question in
order to cover arising expenses according to law provisions on auction; if such
consigned cargoes, luggage or consigned baggage can quickly deteriorate or the
consignment expenses are too big as compared with the consigned cargoes,
luggage or consigned baggage, transport dealers may auction them earlier than
the above deadline provided that they must notify such to transport hirers
before the auctions are organized.
3. For consigned cargoes, luggage and
consigned baggage which are of types banned from circulation or restricted from
transportation according to regulations, if they have no recipients or are
disclaimed by their consignees, they shall be delivered to competent State
agencies for handling.
Article 91.- Compensation for lost or damaged cargoes
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2. The compensation prices of lost or damaged
cargoes shall be agreed upon by the two parties according to market prices at
the time of payment of compensation amounts; if market prices are
undeterminable, compensation prices shall be the average prices of goods of the
similar kind and quality.
Article 92.- Time limits for filing of compensation claims, time limits
for settlement of compensation and statute of limitations for initiation of
lawsuits
1. The time limit for filing claims for
compensation for losses and/or damage of consigned cargoes, consigned luggage
or consigned baggage is twenty days, counting from the date such consigned
cargoes, consigned luggage and consigned baggage are or should have been
delivered to the consignees. Transport dealers must settle compensation within
sixty days as from the date compensation claims are filed by transport hirers.
2. The time limit for filing claims about
deaths or injuries of passengers is twenty days, counting from the date such
deaths or injuries are caused. Transport dealers shall have to settle
compensation claims within sixty days as from the date compensation claims are
filed by passengers or their lawful representatives.
3. Where the two parties cannot settle
compensation claims, they may request economic arbiters to settle them or
initiate court lawsuits according to law provisions. The statute of limitations
for initiation of lawsuits for compensation for losses or damage of consigned
cargoes, luggage or consigned baggage or for human deaths or injuries is one
year, counting from the date of expiry of the time limit for settlement of
compensation claims prescribed in Clause 1 and Clause 2 of this Article.
Article 93.- Limit of liability of transport dealers
1. Transport hirers shall base themselves on
the value of cargoes declared in the bills of lading and the actual damage
extents to request compensations which, however, must not exceed the value of
cargoes inscribed in the bills of lading.
2. Where transport hirers fail to declare the
value of cargoes, the compensation amounts shall be calculated according to the
average prices of similar goods, which, however, must not exceed the
compensation levels prescribed by the Transport Minister.
Article 94.- Exemption from compensation
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a/ Due to natural characteristics or inherent
defects of consigned cargoes, luggage or consigned baggage or losses within the
permitted level;
b/ Due to the seizure of, or the application
of forcible measures by competent State agencies to, vessels, consigned
cargoes, luggage or consigned baggage;
c/ Due to force majeure causes;
d/ Due to transport hirers', cargo
recipients' or escorts' fault.
2. Transport hirers shall be exempt from
paying compensation for contract breaches in the case prescribed at Point c,
Clause 1 of this Article.
Article 95.- Transport of dangerous cargoes
1. Vessels engaged in the transport of
dangerous cargoes must be permitted by competent State agencies and have unique
codes. Transporters must strictly observe regulations on prevention and control
of hazards, fires and explosions; must have plans on coping with oil-spill
incidents when transporting petrol and oil.
2. The Government shall prescribe the list of
dangerous goods and the transport of dangerous goods on inland waterways.
Article 96.- Transport
of extra-length and extra-weight cargoes
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Article 97.- Transport of live animals
1. Depending on kinds of live animals,
transport dealers shall request transport hirers to arrange escorts to look
after such animals in the course of transport.
2. Transport hirers shall be responsible for
loading and unloading live animals under the guidance of transport dealers;
where transport hirers are unable to do so, they must pay loading and unloading
charges to transport dealers.
3. The transport of live animals on inland
waterways must comply with law provisions on hygiene, epidemic prevention and
environmental protection.
Article 98.- Transport of human corpses, remains
1. In the course of transport, escorts are
required for human corpses or remains.
2. Human corpses must be put in tightly
closed containers and placed in separate compartments.
3. Human corpses and remains may be
transported only when they are accompanied with full papers according to law
provisions.
Chapter VIII
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Article 99.- State management responsibilities of the Government,
ministries and ministerial-level agencies for inland waterway navigation
1. The Government shall perform uniform State
management over inland waterway navigation.
2. The Transport Ministry shall be
responsible to the Government for performing the State management over inland
waterway navigation.
3. The Public Security Ministry shall assume
the prime responsibility for, and coordinate with the Transport Ministry, the
Defense Ministry and the Fisheries Ministry in, taking measures to protect
inland waterway navigation order and safety; organize the waterway navigation
police force to patrol, inspect and handle acts of violating legislation on
inland waterway navigation committed by people and vessels participating in
inland waterway navigation according to law provisions; collect statistics and
supply data on inland waterway navigation accidents.
4. The Fisheries Ministry shall assume the
prime responsibility for, and coordinate with the Transport Ministry in,
planning the network of fishing ports and wharves as well as fisheries areas on
inland waterways; direct the implementation of measures to ensure navigation safety
for fishing vessels operating on inland waterways.
5. The Agriculture and Rural Development
Ministry shall assume the prime responsibility for, and coordinate with the
Transport Ministry and the concerned ministries and branches in, drawing up
plannings on the system of dykes, irrigation works and flood and storm
prevention and combat plans related to inland waterway navigation; directing
the placing and maintenance of inland waterway signs for irrigation works and
the prompt clearance of irrigation works which are no longer in use and affect
channels and channel protection corridors.
6. The Natural Resources and Environment
Ministry shall assume the prime responsibility for, and coordinate with the
Transport Ministry in, planning the development of river basins, managing and
exploiting natural resources related to channels and channel protection
corridors, ensure navigation safety and protect the environment on inland
waterways.
7. Ministries and ministerial-level agencies
shall, within the scope of their tasks and powers, have to coordinate with the
Transport Ministry in performing the State management over inland waterway
navigation and transport.
Article 100.- State management responsibilities of provincial-level
People's Committees for inland waterway navigation
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2. To formulate, and organize the
implementa-tion of, local plannings on development of inland waterway
navigation and transport.
3. To organize the dissemination,
popularization of, and education about, legislation on inland waterway
navigation; to inspect and handle violations of legislation on inland waterway
navigation according to their competence; to take measures to establish inland
waterway navigation order and safety in localities.
Article 101.- Inland waterway navigation inspectorate
1. Inland waterway navigation inspectorate is
a specialized inspectorate tasked to inspect and supervise the observance of
law provisions on technical standards and management of inland waterway
navigation infrastructures, inland waterway transport, vessels, crews and
steersmen.
2. The organization and operation of the
inland waterway navigation inspectorate shall comply with law provisions on
inspection.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article 102.- Implementation effect
This Law takes implementation effect as from
January 1, 2005.
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The Government details and guides the
implementation of this Law.
This Law was passed on June 15, 2004 by the
XIth National Assembly of the Socialist Republic of Vietnam at its 5th session.
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Van An