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BỘ NGOẠI GIAO
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CỘNG HÒA XÃ
HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số: 03/2013/TB-LPQT
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Hà Nội,
ngày 22 tháng 01 năm 2013
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại khoản 3 Điều 47 của
Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao
trân trọng thông báo;
1. Thỏa thuận giữa Chính phủ nước Cộng hòa xã hội chủ
nghĩa Việt Nam và Chính phủ nước Cộng hòa Phi-líp-pin về hợp tác trong lĩnh vực
ứng phó sự cố tràn dầu, ký tại Hà Nội ngày 26 tháng 10 năm 2010, có hiệu lực kể
từ ngày 06 tháng 12 năm 2012.
2. Thỏa thuận giữa Chính phủ nước Cộng hòa xã hội chủ
nghĩa Việt Nam và Chính phủ nước Cộng hòa Phi-líp-pin về hợp tác trong
lĩnh vực tìm kiếm cứu nạn, ký tại Hà Nội ngày 26 tháng 10 năm 2010, có hiệu lực
kể từ ngày 06 tháng 12 năm 2012.
Bộ Ngoại giao trân trọng gửi Bản sao 02 Thỏa thuận
theo quy định tại Điều 68 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Nguyễn Thị Thanh Hà
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MEMORANDUM OF AGREEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
AND THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES ON COOPERATION IN OIL
SPILL PREPAREDNESS AND RESPONSE
The Government of the Socialist Republic of Vietnam,
and the Government of the Republic of the Philippines, hereinafter referred to
collectively as “Contracting Parties” or individually as “Contracting Party”;
BEING members
of the Association of South East Asian Nations (hereinafter referred to as ASEAN)
and of the International Maritime Organization (IMO);
NOTING the
importance of coordination to enhance national capacity to prevent, control,
mitigate and protect against marine pollution as well as in the conservation of
marine resources;
TAKING INTO ACCOUNT the International Convention on the Prevention of
Pollution From Ships of 1973 as modified by the Protocol of 1978 (MARPOL
73/78); the International Convention on Oil Pollution Preparedness, Response
and Co-operation of 1990 (OPRC Convention 1990); the International Convention
on Civil Liability for Oii Pollution Damage of 1992 (CLC 1992); the
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage of 1992 (Fund Convention 1992) and the ASEAN
Agreement on Disaster Management and Emergency Response of 2005;
STRENGTHENING the relationship, mutual understanding and cooperation
between and among the Agencies of the Contracting Parties responsible for oil
spill preparedness and response;
HAVE AGREED to conclude this Memorandum of Agreement (MOA) and the Framework
Program for Joint Oil Spill Preparedness and Response (hereinafter referred to
as Framework Program) which constitutes an integral part of this MOA, as
follows:
Article I. OBJECTIVE OF COOPERATION
On the basis of equality, mutual benefit and to
enhance efficiency in the protection of marine resources, environment and
coastline areas from the dangers of oil spill coming from ships, offshore
facilities, ports and oil transportation facilities, the Contracting Parties
shall undertake cooperation in oil spill preparedness and response within their
respective purview and in accordance with their respective applicable national
laws and regulations and international treaties and conventions to which the
Contracting Parties are signatories.
ARTICLE II. FIELDS OF
COOPERATION
The Contracting Parties shall promote
cooperation in the following fields:
1. HUMAN RESOURCES DEVELOPMENT - The Contracting Parties shall cooperate in personnel
exchange, visits, conduct of joint training exercises, conferences, and annual
seminar workshops and the grant of technical and administrative assistance on
oil spill and marine environmental protection.
2. MUTUAL ASSISTANCE - The Contracting Parties shall undertake cooperation
within the framework of applicable international laws and multilateral
agreements on marine environment protection particularly in the field of
combating oii and noxious substances spill, and the prevention of pollution
from ships, offshore facilities, ports and other oil transportation facilities.
3. INFORMATION EXCHANGE - The Contracting Parties shall cooperate in the exchange
of information for oil spill preparedness and response and other related issues
through the establishment of focal points, and through exchange of visits or
joint meetings at various levels of their respective concerned government
agencies.
4. RESEARCH AND DEVELOPMENT - The Contracting Parties shall cooperate in research
activities, and facilitate the exchange of expertise, new techniques and
experiences relating to marine environmental protection activities particularly
in oil spill combating and the preservation of marine resources,
5. OTHER FIELDS OF COOPERATION - The Contracting Parties shall cooperate in other
relevant fields which are related to recent developments in the MARPOL
Convention and other national laws, rules and regulations implemented by the
Contracting Parties.
Article III. IMPLEMENTATION
OF THE AGREEMENT
1. The National Committee on Search and Rescue
of the Socialist Republic of Vietnam and the Department of Transportation and
Communications through the Philippine Coast Guard of the Republic of the
Philippines shall be the agencies responsible for the identification,
coordination and monitoring of projects and activities to be conducted pursuant
to this MOA.
2. The Contracting Parties may establish working
groups to expedite the implementation of specific areas of cooperation under
this MOA.
3. The Contracting Parties shall set up a plan
and timetable for the implementation and regular evaluation of the
implementation of this MOA, taking into account the technical capacity and
available resources of the Contracting Parties and the experience that may be
gained by either side.
4. The specific tasks, obligations and
conditions relating to the cooperative activities under this MOA, including the
obligations that may arise from response assistance rendered by one Contracting
Party to the other or any preparatory action taken for the purpose of
assistance shall be discussed and agreed to by duly designated representatives
of the Contracting Parties on the basis of cooperation, mutual support and
consensus.
Article IV. SUPPLEMENT AND
AMENDMENT
A Contracting Party may request in writing any
amendment of all or any part of this MOA. Any amendment that may be mutually
agreed upon in writing by the Contracting Parties shall become an integral part
of this MOA and shall enter into force in accordance with Article VII hereof.
Article V. NON-PREJUDICE
Nothing in this MOA shall prejudice the
territorial claims of the Contracting Parties.
Article VI. INTERPRETATION
AND SETTLEMENT OF DISPUTES
Interpretation and settlement of disputes
regarding the provisions of this MOA shall be settled on the basis of amity and
common agreement. Differences that may arise regarding the interpretation or
implementation of any of the provisions hereof shall be settled amicably by the
Contracting Parties through diplomatic channels.
Article VII. ENTRY INTO
FORCE AND TERMINATION
This MOA or any amendment hereto shall enter
into force on the date of later written notification by the Parties, through
diplomatic channels, indicating that the domestic requirements for its entry
into force have been fulfilled. This MOA shall remain in force unless either
Contracting Party provides thirty (30) days advance written notice to the other
Contracting Party of its intention to terminate the MOA.
For the purpose of terminating this MOA, an
official notice should be sent through diplomatic channels and actually
received by the other Contracting Party.
The termination of this MOA shall not affect any
ongoing project or activity already commenced in pursuance hereof unless the
Contracting Parties agree otherwise in writing.
IN WITNESS WHEREOF, the undersigned plenipotentiaries duly authorized thereto
by their respective Governments, have signed this Memorandum of Agreement.
Done in duplicate at Hanoi on this 26th day of
October 2010 in the English language.
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FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Tran Quang Khue
Permanent Deputy Chairman of the National Committee on Search and Rescue
(VINASARCOM)
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FOR THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
Wilfredo D. Tanayo
Chief of Philippines Coast guard
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ANNEX
FRAMEWORK PROGRAM FOR JOINT OIL SPILL PREPAREDNESS AND
RESPONSE
(ANNEX TO THE
MEMORANDUM OF AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF
VIETNAM AND THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES ON COOPERATION IN
OIL SPILL PREPAREDNESS AND RESPONSE)
TABLE OF
CONTENTS
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1
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PURPOSE
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2
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RESPONSE AREAS & RESPONSIBILITIES
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3
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NATIONAL OIL SPILL RESPONSE CENTER (NOSRC)
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4
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DESIGNATION OF NATIONAL CONTACT POINTS (NCR)
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5
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REPORTS, ALERTS AND COMMUNICATIONS
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6
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TRAINING AND INFORMATION SHARING
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7
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COMMON COMMUNICATION FACILITY, SYSTEM AND
ROCEDURES s
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8
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MUTUAL ASSISTANCE IN OIL SPILL RESPONSE ;
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9
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RESOURCES AVAILABLE
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10
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MOVEMENT OF PERSONNEL, VESSELS AND EQUIPMENT
BETWEEN THE CONTRACTING PARTIES
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11
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TERMINATION NOTICES
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12
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REIMBURSEMENT PROCEDURE
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13
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JOINT OIL SPILL RESPONSE TRAINING EXERCISE
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14
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RESEARCH AND DEVELOPMENT
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15
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COORDINATION
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APPENDICES
1 NAME, ADDRESS AND ROLES
OF NATIONAL CONTACT POINTS
2 POLLUTION REPORT FORMAT
3 RETURN, REPLACE MENT OR
REIMBURSEMENT OF LABOR MATERIALS AND EQUIPMENT
4 GUIDELINES FOR COSTS
RELATING TO PERSONNEL
5 LIST OF EQUIPMENT
A.
PHILIPPINES
B.
VIETNAM
6 DAILY WORK REPORT
FORMAT
1. PURPOSE
1.1 Pursuant to the vision, mission, actions and
commitments expressed in the Memorandum of Agreement between the Government of
the Republic of the Philippines and the Government of the Socialist Republic of
Vietnam on Cooperation in Oil Spill Preparedness and Response, the Contracting
Parties will implement the Framework Program for Joint Oil Spill Preparedness
and Response in the response areas agreed upon by the Contracting Parties.
1.2 The Contracting Parties shall develop and
strengthen integrated environment and resource management systems, training of
personnel, research and development, environmental pollution monitoring and
risk assessment and other capacity building activities in order to prevent and
minimize incidents of oil spills and their adverse impacts.
2. RESPONSE AREAS AND RESPONSIBILITIES
2.1 Response to an oil spill incident within the
waters under the respective national jurisdictions of the Contracting Parties
shall be conducted in accordance with national /local oil spill contingency
plans.
2.2. In the event of an oil spill threatening
the sea area of the Contracting Parties, the country in whose zone of
responsibility the spill occurs should assume the lead role, and be initially
responsible for all the actions taken related to both tracking the spill and
any other necessary response such as containment, recovery, and clean-up.
2.3. In the event that an oil spill occurs in
and drifts beyond the waters under the national jurisdiction of the Contracting
Party in the direction of the other Contracting Party, the Contracting Party
where the oil spill occurred shali report the said incident promptly to the
National Oil Spill Response Center (NOSRC) of the other Contracting Party
likely to be affected by the incident in accordance with this. Framework
Program using the POLREP Format in Appendix 2.
2.4 In responding to a request for assistance by
a Contracting Party, the responding Contracting Party shall only proceed on the
basis of mutual consent.
2.5 Each Contracting Party shall maintain
individual records of action taken and equipment and other resources used in
response to the incident.
These records will be utilized for cost
accounting purposes, reimbursements (see item 12) and in subsequent analysis of
actions taken during the spill incident in order to improve the implementation
of the Framework Program.
3. NATIONAL OIL SPILL RESPONSE CENTER
3.1 Each Contracting Party shall designate an
agency or office within their respective jurisdiction to operate as a NOSRC.
The designated NOSRC of each Contracting Party shall be the designated national
oil spill preparedness and response organization as specified in the respective
adopted national contingency plans of the Contracting Parties.
3.2 Each Contracting Party shall designate an
On-Scene Coordinator (OSC) for each oil spill incident who will exercise
operational control over the response activities of that country, including
control of personnel, equipment, vessels and aircraft.
4. DESIGNATION OF NATIONAL CONTACT POINTS
(NCP)
4.1 Each Contracting Party shall designate a
National Contact Point (NCP). The NCP shall be the agency and its designated
officers responsible for coordinating the flow of information for all
activities in the event of a major oil spill.
4.2 The list of designated NCPs for each
Contracting Party is attached hereto as Appendix 1.
5. REPORTS, ALERTS AND COMMUNICATIONS
5.1 Communication System
A Contracting Party in whose zone an oil spill
occurs shall immediately inform the other Contracting Party if such spill
drifts in the direction of the other Contracting Party, giving as much detail
as possible of the incident using the standard POLREP format set out in
Appendix 2. The Contracting Party receiving the message shall acknowledge such
receipt at the first instance.
5.2 POLREP
5.2.1 The pollution report given to the affected
Contracting Party shall be updated at least every 24 hours giving also the
results of observation and prediction of the spill movement. The flow of such
information shall continue until the spill no longer threatens either or both
of the Contracting Parties.
5.2.2 It is the responsibility of the NCP of one
Contracting Party to ensure that its reports are transmitted to the NCP and the
Diplomatic Mission of the other Contracting Party.
5.3 Post-incident Reports
Following the termination of pollution response
operations, the assisting Contracting Party should prepare a report of the part
they played in the joint response operations within 45 days. The requesting
Contracting Party should prepare and transmit to the assisting Contracting
Party within 3 months the consolidated response operation report of the whole
incident including effectiveness of the personnel, equipment, materials and
other means received as assistance. The report should include lessons learned
and recommendations to improve the Framework Program for Joint Oil Spill
Preparedness and Response in the response area agreeed upon by the Contracting
Parties.
6. TRAINING AND INFORMATION SHARING
6.1 The Contracting Parties will endeavor to develop and implement a joint
comprehensive capacity building program in the field of oil pollution
prevention, preparedness and response.
6.2 The Contracting Parties are encouraged to provide each other training
and research opportunities in oil spill prevention, preparedness and response
through technical assistance and support, or on a cost-sharing basis.
In order to facilitate an effective prevention and response operation, the
Contracting Parties shall jointly develop and implement an information sharing
system which may include the following:
a) Sensitive Resource Index;
b) Response strategy for different types of resources and habitats;
c) Likely sources of oil spills and vulnerable resources;
d) Inventory of pollution response equipment and materials;
e) Directiories of local experts, trained personnel and teams;
f) Rules concerning the use of dispersants;
g) Maps showing the main environmentally sensitive areas
h) Logistics support available within the Contracting Party.
7. COMMUNICATION FACILITY, SYSTEM AND
PROCEDURES DURING AN OIL SPILL INCIDENT
7.1. The designated telephone and facsimile
numbers and E-mail addresses shall be updated and maintained for the smooth communication
between the NOSRCs and the NCPs.
7.2. The communication plans between the NOSRCs
and NCPs, as well as among maritime stakeholders involved including agencies,
private entities, media, local governments and other concerned sectors, shall
be developed and executed to facilitate the flow of information and the
implementation of the Framework Program.
8. MUTUAL ASSISTANCE IN OIL SPILL RESPONSE
8.1 In the event of an oil spill incident, the
affected Contracting Party may seek the assistance from the other Contracting
Party and/or the private sector or industry. Assistance includes information on
response strategies and other relevant information and the engagement of
specialist personnel, equipment, material and consumable items, vessels,
aircraft and other vehicles.
8.2 The requesting Contracting Party shall be
fully responsible for the use and maintenance of the equipment and materials of
the responding Contracting Party, while in the former’s custody.
8.3 Materials and equipment employed by the requesting
Contracting Party shall be rehabilitated and returned or replaced, or the cost
thereof shall be reimbursed, according to the procedures set out in Appendix 3.
8.4 Rental charges for the use of vessels,
vehicles and aircraft shall be reimbursed based on mutually agreed rates
between the Contracting Parties.
8.5 The requesting Contracting Party shall
assist the other Contracting Party in coordinating with the concerned
entity/spiller for the immediate reimbursement for all labor costs incurred
from the time any of its personnel is deployed to the requesting Contracting
Party. Costing shall follow the provisions of the law of the requesting
Contracting Party.
9. RESOURCES AVAILABLE
9.1 Each Contracting Party shall provide a list
of all equipment, vessels, aircraft and support services that can be made
available.
9.2 The list attached hereto as Appendix 5,
should be updated, whenever there is any change.
10. MOVEMENT OF PERSONNEL, VESSELS AND
EQUIPMENT BETWEEN THE PARTIES
10.1 The requesting Contracting Party shall
facilitate entry and exit of personnel, vessels, aircraft and equipment, and
expedite all diplomatic, customs and immigration formalities. Details of
incoming personnel, vessels, aircraft and equipment such as number,
identification, country of origin and proposed routes shall be communicated
through the NOSRCs.
10.2 The requesting Contracting Party in
coordination with the spiller shall provide such personnel, amenities and
facilities that may be required to sustain a prolonged operation. Guidelines
for expenses are set out in Appendix 4.
10.3 The NCP of the requesting Contracting Party
shall coordinate with the NCP of the responding Contracting Party regarding
movements of personnel, equipment, vessels and aircraft of the responding
Contracting Party and they shall abide by
reasonable instructions mutually agreed upon by the Contracting Parties.
10.4 The requesting Contracting Party shall
undertake measures to ensure the safety of personnel and provide the necessary medical
treatment for the injured or sick personnel in the event that any personnel is
injured or becomes ill during the oil spill response operation.
11. TERMINATION NOTICES
If an oil spill which occurred within the waters
under the national jurisdiction of a Contracting Party is no longer a threat to
the other Contracting Party, proper notification as to the termination of such
threat and/or response operations should be made by the affected Contracting
Party to the other Contracting Party through their respective NOSRCs.
12. REIMBURSEMENT PROCEDURE
12.1 In the event that a Contracting Party
requested the other Contracting Party to respond to an incident, the OSC of the
requested Contracting Party shall ensure that a daily report is prepared
covering the utilization of equipment and personnel each day, type of
operation, the number of personnel man-hours worked, hourly rate and total cost
during the response operation, using the Daily Work Report format set out in
Appendix 6. The OSC of the requesting Contracting Party shall ensure that the
daily work reports and associated supporting documents are properly
authenticated. Such record shall be used as a basis for reimbursement.
12.2 The requesting Contracting Party shall
assist in all negotiations with regard to claims for reimbursements by the
responding Contracting Party.
12.3 All claims by the responding Contracting
Party should be submitted to the requesting Contracting Party within three (3)
months from the termination or response operation.
12.4 Representatives of the Contracting Party
seeking reimbursement shall be present during negotiations pertaining to such
claims.
13. JOINT OIL SPILL RESPONSE EXERCISES
13.1 Joint oil spill response exercises
involving the Contracting Parties should be conducted every two years on a
specified date agreed by the Contracting Parties.
13.2 Each Contracting Party shall alternately
host the joint exercises.
14. RESEARCH AND DEVELOPMENT
14.1 The Contracting Parties should jointly
identify environmental monitoring, data and risk assessment requirements in
support of the implementation of the Framework Program.
14.2 The Contracting Parties should jointly
develop an information resource and a common oil spill trajectory model for the
area concerning the Contracting Parties in order to aid cooperation in oil
spiil response.
15. COORDINATION
15.1 The implementation and further improvement
of the Framework Program shall be coordinated and supervised by the respective
NCPs which meet at least once a year.
15.2 Each Contracting Party shall alternately
host the annual session of the NCPs meeting.
15 3 The NOSRC of the host country for the
annual session of the NCPs Meeting should serve the function of the Secretariat
for the NCPs Meeting. It shall continue its role of the secretariat, during the
intercessional period, to follow up with the implementation of the decisions
made by the session of the NCPs Meeting.
15.4 The host country for the NCPs Meeting
should provide conference rooms, facilities, and the secretariat services for
the meeting, while the other Contracting Party should cover the necessary
expenses for the international travel, board and lodging and other incidentals
for its participants, through national resources and/or funding arrangements
with interested international organizations, programs or donor institutions.
15 5 The Contracting Parties may invite
participants to the annual meeting representing the other stakeholders in the
Framework Program, including but not limited to the non-governmental
organizations (NGOs), private sector, industry, media and civil society.
Appendix 1
NAME AND ADDRESS OF NATIONAL CONTACT POINTS
Vietnam:
Office of the National Committee on Search and
Rescue
26 Hoang Dieu Street, Ha Noi, Vietnam
The Philippines:
National Operation Center for Oil Pollution
Headquarters, MEPCOM
Farola Compound, MuelSe de la Industria
Binondo, Manila
ROLE OF
NATIONAL CONTACT POINTS
1. To coordinate and expedite oil spill response
between the Contracting Parties.
2. To exchange information between NOSRCs using
the POLREP format in Appendix 2.
3. To coordinate and expedite movements of
personnel and equipment for joint operation among Contracting Parties.
4. To update situation reports.
Appendix 2
POLLUTION REPORT FORMAT
1. Situation Report
a. Position
b. Date and time
c. Quantity
d. Wind Direction, Speed, Sea Condition
e. Direction of spill
f. Sources (if known)
g. Name of reporting vessel
h. Type of oil
i. Any other relevant information
2. Action taken
a. Activation of contingency plan
b. Alerting other States or organizations
c. Proposed Actions
d. Request for deployment of National Contact
Point
e. Assistance Requested
Appendix 3
RETURN, REPLACEMENT OR REIMBURSEMENT OF MATERIALS AND
EQUIPMENT
1. Consumable Materials
The requesting Contracting Party shall assist
the responding Contracting Party in recovering the costs incurred for the use
of consumable materials during the response operations. Use of said materials
shall be made known to the requesting Contracting Party and acknowledgement of
receipt should be made as soon as possible. The materials utilized by the
responding Contracting Party shall either be replaced or reimbursed by the
spiller. with the assistance of the requesting Contracting Party,
2. Equipment
a) Equipment employed shall be returned in
clean, operational condition when no longer required for the intended purpose,
the receipt of which shall be acknowledged as complete by the designated NCP.
b) Equipment lost, destroyed or worn out while
in the custody of the requesting Contracting Party shall be replaced at no cost
to the responding Contracting Party with equipment of the same or equivalent
manufacture, model and specification or, at the option of the responding
Contracting Party with the replacement cost for such equipment including, but
not limited to the purchase price, freight, landing and clearance charges,
customs duties, sale, turnover or excise taxes and any other costs or expenses
incurred by the responding Contracting Party’s warehouse or other storage
facility.
c) The responding Contracting Party shall be
compensated for each item of equipment at daily rental charge payable for each
day or part thereof during which time any such item is employed by the
requesting Contracting Party.
The rental charge shall be based on mutually agreed rates, which is in
consonance with international rates for oil spill response.
Appendix 4
GUIDELINES FOR COSTS RELATING TO PERSONNEL
1. ALLOWANCE
Shall be provided by the spiller with the
assistance of the requesting Contracting Party. These allowances shall be
mutually agreed upon by the Contracting Parties beforehand.
2. INTERNATIONAL TRAVEL COST
Shall be provided by the spiller with the
assistance of the requesting Contracting Party. The cost shall be jointly
agreed upon by the responding Contracting Party and the spiller beforehand.
3. FOOD AND ACCOMMODATION
Shall be provided by the requesting Contracting
Party in coordination with and subject to reimbursement by the spiller. The
cost of food and accommodation shall be based on the rate mutually agreed upon
by the Contracting Parties and the spiller beforehand.
4. INTERNAL TRANSPORTATION
Shall be borne by the requesting Contracting
Party based on the rate mutually agreed upon by the Contracting Parties
beforehand and subject to reimbursement by the spiller.
Appendix 5
LIST OF
EQUIPMENT
(List of equipment, transportation, and
support services available for use in oil spill response of the Contracting
Parties)
Appendix 6
DAILY WORK REPORT FORMAT
Contractor:
_____________________________________________________________________
Supervisor:
_____________________________________________________________________
Date:
_____________________________________________________________________
job Description:
_______________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Materials Utilized:
_____________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Equipment: ___________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Number of persons on job: _______________________________________________
Daily Operations Commence:
______________________________________________________
Hour Secured:
_____________________________________________________________________
Number of disposal Loads.
_____________________________________________________________________
Submitted:
_____________________________________________________________________
On-Scene Coordinator/Representative
MEMORANDUM OF AGREEMENT
BETWEEN THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES ON COOPERATION IN SEARCH AND RESCUE AT SEA
The Government of the Socialist Republic of
Vietnam and the Government of the Republic of the. Philippines, hereinafter
referred to collectively as “Contracting Parties” or individually as
“Contracting Party";
BEING
members of the Association of South East Asian Nations (ASEAN) and of the
International Maritime Organization (IMO);
NOTING
the importance of cooperation in maritime safety of search and rescue (SAR)
operations for ships, aircraft and persons in distress at sea;
AWARE of
their common interests to have effective, prompt, and enhanced coordination
activities in SAR for ships, aircraft and persons in distress at sea;
NOTING
the principles related to SAR operations enshrined in pertinent multilateral
instruments, including the 1982 United Nations Convention on the Law of the Sea
and the relevant IMO Conventions;
TAKING COGNIZANCE of the need to reinforce cooperation between the two
countries through mutual help in providing assistance to persons and vessels in
distress at sea;
RECOGNIZING the need to strengthen the relationship and mutual understanding and
cooperation between the respective national responsible authority for maritime
SAR of the Contracting Parties;
HAVE AGREED as follows:
Article I. OBJECTIVE
On the basis of equality and mutual benefit and
to enhance the efficiency of SAR operations for ships, aircraft and persons in
distress at sea, the Contracting Parties shall undertake cooperation in SAR
operations within their respective jurisdiction and in accordance with their
respective national laws and regulations, as well as international treaties and
conventions to which the Contracting Parties are signatories.
Article II. FIELDS OF
COOPERATION IN SEARCH AND RESCUE AT SEA
The Contracting Parties shall promote
cooperation in the following fields:
1. Exchange of personnel and visits to further
strengthen mutual understanding.
Holding workshops, trainings, annual meetings,
exercises, and seminars on SAR matters including, but not limited to,
international legal frameworks and national laws and regulations relating to SAR
at sea, including domestic legai requirements and procedures in the rendering
of SAR assistance and operations in seas under the national jurisdiction of the
Contracting Parties;
2. Defining the boundary and specific area of
operation for purposes of SAR operations and clearly identifying the
Contracting Party’s responsibilities in the control, surveillance, and
coordination of SAR efforts,
3. Establishment of direct linkages between the
SAR agencies of the Contracting Parties -- Philippine Coast Guard and the
center of Marine Coordination for Search and Rescue of Vietnam — for the
following purposes:
3.1 Exchange of information on past, existing,
and potential SAR incidents and operations of mutual interest.
3.2 Mutual assistance in the conduct of SAR operations
within the jurisdiction of either Contracting Party as agreed upon by the
Contracting Parties.
3.3 Defining the SAR responsibility of the
relevant SAR agency - Philippine Coast Guard or the Center of Marine
Coordination for Search and Rescue of Vietnam - whichever first receives
information concerning vessels, aircraft and persons in distress in the
jurisdiction of either Contracting Party.
3.4 Jointly developing common standard operating
procedures and defining the specific responsibilities of the respective SAR
agencies whenever engaged in a joint SAR operation within the jurisdiction of
either Contracting Party.
3.5 Coordination in the facilitation of entry
and exit of personnel and equipment for purposes of SAR in the incident area
within the jurisdiction of the Contracting Party.
3.6 Harmonization of procedures and report
formats to ensure the efficient flow of information between the Philippine
Coast Guard and the Center of Marine Coordination for Search and Rescue of
Vietnam.
3.7 Exchange of information regarding available
resources and SAR capability of the Philippine Coast Guard and the Center of
Marine Coordination for Search and Rescue of Vietnam.
4. Cooperation and collaboration in the research
and application of management systems including software and operating systems
and technologies relating to surveillance, among others, to facilitate SAR
operations.
5. Exchange of information on SAR operations,
maritime safety, and national SAR procedures, among others.
6. Other fields of cooperation: The Contracting
Parties shall, subject to mutual consent, also cooperate in any relevant fields
to enhance effectiveness of SAR operation at sea.
Article IlI. IMPLEMENTATION
1. The Philippine Coast Guard and Vietnam’s
National Committee on Search and Rescue shall be the Agencies responsible for
the identification, coordination, monitoring of the projects and activities to
be conducted pursuant to this MOA.
2. Expert working groups or ad-hoc task forces
may be established as necessary to expedite the implementation of specific
fields of cooperation under this MOA.
3. The specific tasks, obligations and
conditions relating to the cooperative activities under this MOA, including the
responsibility for costs incurred, shall be discussed and mutually agreed upon
by the Contracting Parties; and in any event, lack of agreement on the matter
of costs should not be a reason to delay the SAR of vessels, aircraft and
persons in distress at sea.
Article IV. NON-PREJUDICE
Nothing in this MOA shall prejudice the
territorial claims of the Contracting Parties.
Article V. SUPPLEMENT AND
AMENDMENT
A Contracting Party may request in writing any
amendment of all or any part of this MOA. Such amendment shall be mutually
agreed upon in written form by the Contracting Parties and shall be an integral
part of this MOA. Such amendment shall enter into force in accordance with
Article VII hereof.
Article VI. INTERPRETATION
AND SETTLEMENT OF DISPUTES
Interpretation and settlement of disputes
regarding the provisions of this MOA shall be on the basis of mutual agreement.
Any differences arising out of the interpretation and implementation of this
MOA shall be settled amicably through diplomatic channels between the
Contracting Parties.
Article VII. ENTRY INTO
FORCE AND TERMINATION
This MOA or any amendment hereto shall enter
into force on the date of later written notification by the Parties, through
diplomatic channels, indicating that the domestic requirements for its entry
into force have been fulfilled. This MOA shall remain in force unless either
Contracting Party provides 30 days advance written notice to the other
Contracting Party of its intention to terminate this MOA.
For the purpose of terminating this MOA, an
official notice should be sent through diplomatic channels and actually
received by the other Contracting Party.
The termination of this MOA shall not affect any
ongoing project or activity already commenced pursuant to this MOA unless the
Contracting Parties agree otherwise in writing.
IN WITNESS WHEREOF, the undersigned plenipotentiaries duly authorized by
their respective Governments, have signed this Memorandum of Agreement.
Done in duplicate at Hanoi on this day 26th of October 2010 in the English
language.
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FOR THE GOVERNMENT
OF THE SOCIALIST REPUBLIC OF VIETNAM
Tran Quang Khue
Permanent Deputy Chairman of the National Committee on Search and Rescue
(VINASARCOM)
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FOR THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
Wilfredo D.Tanayo
Chief of Philippines Coast guard
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