|
THE MINISTRY OF TRANSPORTATION AND
COMMUNICATIONS
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No:
239/2000/TT-BGTVT
|
Hanoi, June 14, 2000
|
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No.92/1999/ND-CP OF SEPTEMBER 4, 1999 ON SANCTIONS AGAINST
ADMINISTRATIVE VIOLATIONS IN THE MARITIME FIELD
Pursuant
to Article 40 of the Government’s Decree No. 92/1999/ND-CP of September 4, 1999 on
sanctions against administrative violations in the maritime field (hereafter
referred to as Decree for short), the Ministry of Communications and Transport
hereby provides detailed guidance for the uniform implementation of a number of
Articles of the Decree as follows:
1. Ships mentioned in the Decree shall be
construed as sea-going vessels, river vessels and all other waterway means of
Vietnam as well as foreign vessels operating in the sea-port waters or other
maritime areas of Vietnam.
2. The time-limit prescribed at Point e, Clause
2, Article 7 of the Decree is the time-limit stipulated in Article 13 of the
Regulation on loading, unloading, delivery, receipt and preservation of cargo
at Vietnam’s sea-ports, issued
together with Decision No. 2106/QD-GTVT of August 23, 1997 of the Minister of
Communications and Transport.
3. Ports or water areas not yet announced for
ship’s calling or mooring
mentioned in Clause 3, Article 7 of the Decree shall be construed as ports or
water areas, which have not yet been announced in writing by the competent
authorities for receipt of ships.
4. The permit for final port departure
prescribed at Point a, Clause 5, Article 13 of the Decree shall be construed as
the final port departure permit granted by competent authorities. For Vietnam’s commercial ports, such competent authorities
shall be the maritime port authority and the inland waterway port authority.
5. Necessary warning signals or instructions at
fire- or explosion-prone places mentioned at Point b, Clause 2, Article 15 of
the Decree shall be construed as in compliance with relevant provisions of
Vietnam’s current standards, the
1974 international Convention on human life safety in the sea as well as the
amendments and supplements to the Convention, which are effective in Vietnam.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. The fire-fighting equipment and devices as
prescribed by Vietnamese laws mentioned at Point a, Clause 3, Article 15 of the
Decree shall be construed as the regulations on the quantity and quality of
fire prevention and fighting equipment and devices in conformity with the
certificate on safety of equipment and devices as well as the list of equipment
and devices aboard ships, granted by competent registration agency, according
to Vietnam’s standards, the 1974
international Convention on human life safety in the sea and the amendments and
supplements to the Convention, which are effective in Vietnam.
8. The regulations on oil- and bulge
water-filtering equipment as prescribed by Vietnamese laws and relevant
international treaties which Vietnam has signed or acceded to, mentioned at
Point a, Clause 2, Article 16 of the Decree shall be construed as according to
Vietnam’s standards, the 1973
international Convention on sea pollution caused by vessels as well as the
amendments and supplements to the Convention, which are effective in Vietnam.
9. The regulations on the number of passengers
mentioned at Point e, Clause 1, Article 17 of the Decree shall be construed as
the number stated in the passenger transport certificate or the passenger ship
safety certificate and the list of vessel’s
devices and equipment.
10. The regulations on the number of crew
members mentioned at Point c, Clause 2, Article 17 of the Decree shall be
construed as the number of crew members assigned to hold posts in the vessels,
which must neither be smaller than the number stated in the certificate of
minimum safe staff nor exceed the number prescribed in the certificate of
vessel’s safety devices and
equipment. The personnel assigned to posts must be stated in the crew member
register of the vessel.
11. The regulations on transporting cargo in
excess of the prescribed tonnage mentioned at Point c, Clause 3, Article 17 of
the Decree shall be construed as the vessel’s
actual transport water line is beyond the prescribed transport water line.
12. The violations of the regulations on search
and rescue activities mentioned in Clause 1, Article 23 of the Decree shall be
construed as the administrative violations of the provisions in Article 48 of
Vietnam’s Maritime Code; Articles
37, 38 and 39 of the Regulation on the management of maritime activities at
Vietnam’s sea-ports and maritime
areas, issued together with Decree No. 13/CP of February 25, 1994 and its
amendments and supplements; the relevant provisions in Article 15 of the
Regulation on the functions and responsibilities of personnel working on
Vietnamese sea-going vessels, issued together with Decision No. 174/QD-PCVT of
February 5, 1994 of the Ministry of Communications and Transport.
13. The violations of the regulations on salvage
of property sunk in the sea mentioned in Article 24 of the Decree shall be
construed as the administrative violations of the regulations in Chapter XII
"Salvage of sunk property" of the Vietnam’s
Maritime Code, the provisions of Decree No. 39/1998/ND-CP of June 10, 1998 of
the Government on handling of property sunk in the sea and the relevant
prescriptions in the Regulation on the management of maritime activities at
Vietnam’s sea-ports and maritime
areas, issued together with Decree No. 13/CP of February 25, 1994.
14. The untruthful publication of maritime
notices and the improper installation of maritime signals prescribed at Points
a and b, Clause 1, Article 25 of the Decree shall be construed as the
violations of the provisions of Vietnam’s
Rules on Maritime Signals, issued together with Decision No. 49/QD-VT of
January 9, 1993 of the Ministry of Communications and Transport.
15. In cases where the administrative violations
in the maritime field are handled with a fine falling beyond the jurisdiction
prescribed in Article 27 of the Decree, the handling agency must compile and
send the dossiers thereon to the authorities competent to sanction as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) For administrative violations subject to a
fine of over 10,000,000 VND, the maritime port authority directors and the
regional chief maritime safety inspectors shall compile and send the dossiers
to the central-level chief maritime safety inspector as provided for in Clause
4, Article 27 of the Decree.
c) For administrative violations subject to a
fine of over 20,000,000 VND, the maritime port authority directors and the
regional chief maritime safety inspectors shall compile and send the dossiers
to the presidents of the People’s
Committees of the provinces and centrally-run cities where the violations were
committed for handling according to the provisions in Article 30 of the Decree;
at the same time, report them to the central-level chief maritime safety
inspector.
16. In cases where the chiefs of the posts
stipulated in Articles 27, 28, 29 and 30 of the Decree are absent, their
deputies, authorized by the former, are competent to sanction like the chiefs.
17. Lodging complaints to the immediate superiors
of the persons who have issued decisions on sanctioning administrative
violations in the maritime field mentioned in Clause 1, Article 37 of the
Decree is stipulated as follows:
a) For the complaints related to the decisions
of maritime port authority directors, the complainants may lodge their
complaints to the immediate superiors of maritime port authority directors, who
is the Director of the Vietnam Maritime Department.
b) For the complaints related to the decisions
of maritime safety inspectors, the complainants shall comply with the
provisions in Articles 17, 18 and 19 of the Regulation on Organization and
Operation of Vietnam’s maritime safety
inspectorate, issued together with Decision No. 204/TTg of December 28, 1992 of
the Prime Minister.
c) In cases where the complainants still
disagree with the complaint-settling opinions of the director of Vietnam
Maritime Department, they may further lodge their complaints to the superior
agency of the Vietnam Maritime Department, which is the Ministry of Communications
and Transport. The decisions of the Ministry of Communications and Transport
shall be the final.
18. Minutes and decisions on sanctioning
administrative violations in the maritime field shall be made in accordance
with forms from No. 1 to No. 9 of the Appendix issued together with this
Circular.(*)
19. The Director of the Vietnam Maritime
Department shall have to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Direct the maritime port authority directors,
the chief maritime safety inspectors, the heads of the central and local
agencies and units as well as individuals involving in the sanctioning of
administrative violations in the maritime field to strictly comply with the
provisions of the Decree and its guiding Circular.
This Circular takes effect 15 days after its
signing; all previous guidances contrary to this Circular are now annulled.
In the course of implementation, if any problems
arise, the Vietnam Maritime Department as well as concerned organizations and
individuals should promptly report them to the Ministry of Communications and
Transport for consideration, supplement and settlement.
FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE-MINISTER
La Ngoc Khue