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THE MINISTRY OF TRANSPORTATION AND
COMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
2764/2000/QD-BGTVT
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Hanoi, September 21, 2000
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DECISION
ISSUING THE REGULATION ON MANAGING AND
SUPERVISING THE OPERATIONS OF HIGH-SPEED PASSENGER BOATS ON INLAND WATERWAYS
THE MINISTER OF TRANSPORTATION AND COMMUNICATIONS
Pursuant to Decree No.22/CP of March 22, 1994
of the Government providing for tasks, powers, State management
responsibilities and organizational structure of the Ministry of Communications
and Transport;
Pursuant to Decree No. 40/CP of July
5, 1996 of the Government on assuring traffic order and safety on inland
waterways;
Pursuant to Article 21 of Decree No.
171/1999/ND-CP of December 7, 1999 of the Government detailing the
implementation of the Ordinance on the Protection of Inland Waterway Traffic
Works;
At the proposals of the director of
the Transport Legal Department and the director of the Vietnam Riverway
Administration,
DECIDES:
Article 1.- To issue the Regulation on managing and
supervising the operations of high-speed passenger boats on inland waterways.
Article 2.- This Decision takes effect 15 days after its
signing. All earlier stipulations that are contrary to this Decision are now
annulled.
Article 3.- The director of the Ministry’s Office, the director of the Transport Legal
Department, the director of the Vietnam Riverway Administration, the directors
of the Communications and Transport Services, and Communication and Public
Works Services as well as the heads of the relevant agencies and units shall
have to implement this Decision.
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FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Pham The Minh
REGULATION
ON MANAGING AND SUPERVISING THE OPERATIONS OF
HIGH-SPEED PASSENGER BOATS ON INLAND WATERWAYS
(Issued together with Decision No.2764 /2000/QD-BGTVT of September 21, 2000
of the Minister of Communications and Transport)
Chapter I
GENERAL PROVISIONS
Article 1.-
1. This Regulation applies to high-speed
passenger boats of domestic and foreign organizations and individuals operating
on inland waterways as well as on international traffic waterways between
Vietnam and other countries in the region, unless otherwise stipulated in
international agreements which the Socialist Republic of Vietnam has signed or
acceded to.
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3. This Regulation shall not apply to
specialized high-speed boats used for security and national defense purposes.
Chapter
II
MANAGEMENT AND SUPERVISION OF OPERATIONS
Article 2.-
1. Before being formally put into business
operation on inland waterways or international traffic waterways, a high-speed
passenger boat must go through a period of trial operation under the guidance,
monitoring and supervision of a competent State agency. The time for trial
operation is stipulated as follows:
a/ For a new-type high-speed passenger boat,
when the boat captain has not yet mastered its technical specifications and is
not yet accustomed to conducting, or for a high-speed passenger boat that is
put into operation on a new route, the minimum period of trial operation shall be
six months.
b/ For the routes where high-speed passenger
boats have been operating, if another unit or individual put into operation a
high-speed passenger boat of the same type, the minimum period of trial
operation shall be 3 months.
2. After the period of trial operation, the
owner of the high-speed passenger boat shall report the result of the operation
to the competent State agency. Basing itself on the result of the trial
operation of the boat, the competent State agency shall consider and issue a decision:
a/ Allowing it to operate officially if the
trial operation is up to requirements;
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Article 3.-
1. High-speed passenger boats must be inspected
and provided by Vietnam Registry with certificates of technical safety for
inland water transport means, ensuring their safe operation in conformity with
the water area of operation.
2. High-speed passenger boats must be provided
with certificates of registration of inland water transport means issued by the
Communications and Transport Services (Communications and Public Works
Services) of the localities where the owners of the boats reside, and other
valid papers of the means while operating on inland waterways as currently
prescribed.
Article 4.- Stricter safety measures must be taken on the
routes of operation of high-speed passenger boats. In addition to the existing
signals, the waterway traffic management agencies shall, within their scope of
responsibility, add other necessary signals, such as to limit the waves caused
by the boats, limit the speed, post up the time schedule of the boat passage� at necessary places on the route in order to
ensure safety for the operations of other means of transport.
Article 5.- The ports and landing stages for high-speed
passenger boats to take or unload passengers must ensure technical conditions
as prescribed by the Vietnam Riverway Administration.
Article 6.- Crew members on high-speed passenger boats must
have appropriate diplomas and certificates. The boat captain in particular must
also have the certificate for conducting high- speed passenger boats as prescribed
by the Vietnam Riverways Department.
Article 7.-
1. The owner of a high-speed passenger
boat must draw up and perform punctually the time schedule already registered
and can operate the boat only after this time schedule is approved by the
competent State agency. When approving the time schedule for high-speed
passenger boats, the competent State agency must stipulate the time for the
boat’s arrival at the ports and
landing stages to take and unload passengers and ensure safety for the other
water transport means operating at the ports.
2. In case of a change in the time schedule or a
suspension of the operation, the owner of the boat must report to the competent
State agency that has approved the time schedule and notify the relevant
Communications and Transport Service, the Communications and Public Works
Service and make announcements 7 days beforehand on the mass media.
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Article 9.- In case of an incident that causes loss of
security and affects the general situation of communication, the boat owner and
the conductor must immediately report to the local authorities where the
accident takes place, as well as the river traffic police, the inland waterway
management agency and the nearest port in order to coordinate in the
settlement.
Article 10.- In case of failure by the owner of a high-speed
passenger boat to strictly comply with the current regulations on ensuring
traffic order and safety on inland waterway and the provisions of this
Regulation or where such owner provokes a serious traffic accident, the
competent State agency shall issue a decision to suspend the operation of the
boat. Only after causes are determined and measures are taken to overcome the consequences,
shall the boat owner be considered and allowed or not allowed to resume the
boat’s operation.
Article 11.- The first person to operate a high-speed
passenger boat on the route shall be accorded priority in the number of
operating boats or the number of trips in a day if other owners of boats of the
same (or equivalent) type put their boats into operation on the same route.
Permits shall be issued by the Communications and Transport Services or the
Communications and Public Works Services in the provinces and cities.
Chapter
III
IMPLEMENTATION PROVISIONS
Article 12.- The management and supervision of the
operations of high-speed passenger boats on inland waterways is stipulated as
follows for the competent agencies:
1. The Vietnam Riverway Administration is
authorized by the Ministry of Communications and Transport to conduct the
management and supervision and to issue decisions allowing high-speed passenger
boats to operate on inland waterways linked to international traffic, the
centrally-run inland waterways and inter-provincial inland waterways, and
guiding the implementation, monitoring and integrating the reports on unified
operations of high-speed passenger boats in the whole country.
2. The Communications and Transport Services,
the Communications and Public Works Services shall conduct the management and
supervision and issue decisions allowing high-speed passenger boats to operate
on the locally-run inland waterways and waterways assigned by the Vietnam
Riverway Administration, monitor and periodically every six months make an
integrated report on the operations of the high-speed passenger boats within
their scope of responsibility to the Vietnam Riverway Administration.
Article 13.- Organizations and individuals shall have to
strictly implement the provisions of this Regulation. In case of violation, the
offender shall, depending on the extent of the violation, be sanctioned for
administrative violations; or prosecuted before law if causing serious
consequences.