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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
24/2001/ND-CP
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Hanoi,
May 30, 2001
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE
REGULATION ON MANAGEMENT OF MARITIME ACTIVITIES AT SEA PORTS AND MARITIME ZONES
OF VIETNAM, PROMULGATED TOGETHER WITH THE GOVERNMENT�S DECREE No. 13/CP OF
FEBRUARY 25, 1994
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Vietnams Maritime Code of June 30, 1990;
At the proposal of the Minister of Communications and Transport,
DECREES:
Article 1.- To amend and
supplement a number of articles of the Regulation on management of maritime
activities at sea ports and maritime zones of Vietnam, which was promulgated
together with the Governments Decree No. 13/CP of February 25, 1994, as
follows:
1. Article 5 is amended as
follows:
The Minister of Communications and Transport
shall consider and decide the announcement on the opening and/or closure of sea
ports and shipping routes on the basis of the proposal of Vietnam Maritime
Bureau.
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1. Sea ports must be invested in and constructed
in accordance with the approved Planning for overall development of Vietnamese
sea ports system.
2. Vietnamese and foreign organizations and
individuals, that are permitted to invest in the construction of sea ports or
to deal in and exploit sea ports in Vietnam, may all open sea ports, hereinafter
referred collectively to as investors.
3. The procedures for opening sea ports shall be
as follows:
a) Before preparation for investment in the
construction of sea ports:
The investors shall send to Vietnam Maritime
Bureau written requests for opening of sea ports, enclosed with drawing of the
ground level for dock arrangement, water area in front of docks and lane
section from the national shipping route into the port. The written requests
must clearly state the necessity to invest in the construction of the ports,
the locations, sizes and use purposes of the ports.
Within no more than 7 working days as from the
date of receiving the above-mentioned document, Vietnam Maritime Bureau must
send written replies to the investors. If refusing to approve, Vietnam Maritime
Bureau must clearly state the reasons therefor in its written replies.
b) Process of investment in the construction of
sea ports:
Investors must strictly comply with the law
provisions on management of investment, construction, bidding and other current
relevant legal documents when investing in the construction of sea ports.
Before starting the construction of sea ports, the investors shall have to send
to Vietnam Maritime Bureau the decisions approving the technical designs.
Vietnam Maritime Bureau shall have to supervise
the maritime safety in the course of seaport construction.
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- A written request to announce the opening of
seaport;
- The competent bodys or organizations decision
on investment in seaport construction;
- The record on final acceptance of completed
seaport project for putting it to use, enclosed with the completed construction
drawing of the ground level, façade and cross- section of the seaport project;
- Maritime notice, average depth level and
report on survey of sea bed of the water area in front of dock and shipping
lane section from the national shipping route into the port;
- The written certification of the project
reaching the environmental standards, issued by a competent State body;
- The written certification of the project
satisfying fire prevention and fight conditions, issued by a competent State
body.
Within no more than 7 working days as from the
date of receiving the above-said valid papers, Vietnam Maritime Bureau shall
report to the Ministry of Communications and Transport thereon for considering
and deciding the announcement on seaport opening.
Where it is deemed necessary to make
re-examination, Vietnam Maritime Bureau shall conduct the examination before
reporting to the Ministry of Communications and Transport for deciding on the
seaport opening announcement.
4. The provisions stated in Section 3, Clause 2,
Article 1 of this Decree shall also apply to the investment in the construction
of new docks by ship repair and building establishments, sea shipping routes,
trans-shipment anchorage area. Particularly for new construction, renovation
and upgrading projects within the port water area, which have already been
announced, after their completion, Vietnam Maritime Bureau shall consider and
decide permitting sea ships to enter for operation, when the investors have
acquired all valid papers as provided for in Section 3, Clause 2, Article 1 of
this Decree.
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For works not covered by seaport expansion
projects prescribed in Clause 2, Article 1 of this Decree but such works have
affected the maritime safety conditions, the investors shall have to take the
following steps:
1. Before preparing for investment:
The investors shall send to Vietnam Maritime
Bureau the written exposition on the investment projects to be constructed,
with such specific contents as: The name, location, position, use purpose,
technical parameters and other requirements related to maritime activities in
areas where such projects are constructed.
Within 7 working days as from the date of
receiving the written requests of investors, Vietnam Maritime Bureau must send
their written replies. In case of disapproval, Vietnam Maritime Bureau must
reply in writing, clearly stating the reasons therefor.
2. Before putting projects to use:
The investors shall have to widely publicize at
least for two consecutive times on central or local mass media the following
contents:
The name, position, characteristics, water zone
limits, relevant technical parameters such as the clear span, clear overhead,
warning signals, time for ship passage and the project depth against the
"0" marine chart water level, the time for commencement, termination
(if any) of operation of the project and other restriction requirements aiming
to ensure safety of projects.
4. Article 11 is amended,
supplemented as follows:
Foreign vessels arriving in Vietnamese seaports
or foreign vessels transiting Vietnam on their way to the third countries shall
have to comply with the following regulations:
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2. For foreign military ships entering for
operation in Vietnam, the provisions of the Governments Decree No.55/CP of
October 1, 1996 on operation of foreign military ships which visit the
Socialist Republic of Vietnam shall be complied with.
3. The Prime Minister shall decide to permit
foreign nuclear-power ship to operate in Vietnam, but within 48 hours before
the ships arrive at pilot-taking/returning places, the ship owners or their
agents shall have to report thereon to the director of the port authority where
the ships arrive at.
4. The Minister of Communications and Transport
shall decide to permit foreign ships to enter Vietnam for activities of
scientific research, rescue, salvage of sunk property, towage, training,
sports, the construction of marine projects at sea ports or in Vietnamese
maritime zones, but within 48 hours before arriving at the pilot-taking/returning
places, the ship owners or their agents shall have to notify such to the
director of the port authorities where the ships arrive in.
5. "Paper asking for permission for ships
port call" shall contain the following details:
- The ships name, type, nationality, call signal
and registration place;
- The names and addresses of ship owners, ship
operators (if any);
- The length, width, height and water line of
the ship;
- Total holding capacity, full tonnage, volume
and type of cargo onboard the ship;
- The number of crew members, passengers and
other persons onboard the ship;
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- The name and address of the ship owners
representative or agent.
6. In order to promptly clear all procedures for
ships to enter ports and proceed with the operation plans of ships and ports,
the ship owners may send through their representatives or agents or directly to
the port authority where their ships arrive at all papers related to ships,
cargo, crews and passengers; or even through electronic communication means.
5. Article 12 is amended,
supplemented as follows:
Foreign vessels are exempt from procedures to
apply for permission for port call in the following cases and under the
following conditions:
1. For vessels bearing nationality flags of
foreign countries which have signed with Vietnam maritime agreements, within no
more than 48 hours before their estimated arrival at pilot-taking/-returning
places, they must notify such to the directors of the port authorities where
they shall arrive at.
2. The ship captains must take their ships to
the ports water zones or other water areas for temporary anchorage for the
following urgent reasons:
a) Asking for emergency to crew members or
passengers onboard their ships;
b) Sheltering from storms;
c) Handing over people, assets, vessels saved on
the sea;
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In the above-mentioned cases, the captains must
quickly seek ways and means to contact the port authorities or competent
Vietnamese authorities in the nearest places, and at the same time are obliged
to prove that their actions are necessary and justified. All acts of abusing
the above-mentioned provisions shall be handled according to law.
6. Article 20 is amended,
supplemented as follows:
In order to proceed with procedures for ships to
enter ports, the ship captains shall have to ready the following papers:
1. Papers to be produced:
a) Ship registration certificate or certificate
of the ships nationality;
b) Certificate of maritime safety and
environmental pollution prevention by ships, granted by competent bodies;
c) Permit for use of ships radio (if it is
Vietnamese sea-going ship);
d) International vaccination certificates of
crew members and passengers;
e) Certificate of raticide or raticide
exemption;
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g) Crew members passports or book (or other
equivalent papers) and passengers passports;
h) Crew members directory books (if it is
Vietnamese ship);
i) Certificates of professional qualifications
of ship captain, officers and other crew members;
k) Certificate of ship owners civil liability
insurance, if it is ship used exclusively for the transport of petroleum and
the products thereof as well as other hazardous commodities;
l) The permit granted by the competent State
body of Vietnam for foreign vessels to operate in Vietnam according to the
provisions in Items 2, 3 and 4, Clause 3, Article 1 of this Decree.
m) Foreign exchange declaration or luggage books
of crew members, if it is foreign ship or Vietnamese ship returning from
abroad.
2. Papers which must be submitted:
a) The permit to leave the last port 01 copy
b) Quarantine-free certificates 01 copy each
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d) Ship arrival declaration 02 copies (according
to set form)
e) Crew members and passengers health
declaration 02 copies (according to set form)
f) Brief declaration of personal effects 01 copy
(according to set form)
g) Cargo diagram and goods brief declaration 05
copies (according to set form)
h) Hazardous goods brief declaration 05 copies
(according to set form)
i) Declaration on the ships reserve stores 05
copies (according to set form)
j) Animal quarantine declaration 01 copy
(according to set form)
k) Crew members list 05 copies (according to set
form)
l) List of passengers or other people onboard
the ship 05 copies (according to set form)
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n) Declaration on tools banned from use at ports
01 copy
o) Crew members and passengers application for
going
ashore (if it is foreign ship) 01 copy (according to set form).
7. Article 21 is amended,
supplemented as follows:
When carrying out procedures for port leave, the
ship captains shall have to ready the following papers:
1. Papers which must be produced:
a) Payment papers or other papers as currently
prescribed in order to prove that the ship has paid all relevant debts;
b) Certificates of maritime safety and
environmental pollution prevention by ships, granted by competent bodies (in
case of any change as compared with the time when the ship entered the port);
c) Crew members passports or books, or
equivalent papers and passengers passports;
d) Certificates of professional qualifications
of ship captain, officers and other crew members (in case of any change as
compared with the time when the ship entered the port)
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2. Papers which must be submitted:
a) Assorted permits granted by the Port
Authorities or agencies, organizations performing the State management at ports
to ships, crew members and passengers onboard the ships during the ships stay
in ports (for recovery).
b) Ship departure declaration 2 copies
(according to set form)
c) Brief declaration of goods onboard the ships
3 copies (according to set form)
d) Brief declaration of personal effects 1 copy
(according to set form)
e) Declaration on crew members and passengers
health 1 copy (according to set form)
f) List of crew members 5 copies (according to
set form).
Within 4 hours at most before the ships leave
ports, the captains shall have to submit to the Port Authorities the "ship
departure declaration".
8. Article 26 is amended,
supplemented as follows:
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2. Those Vietnamese captains who have obtained
Vietnamese maritime pilotage certificates suitable to the types of ship and the
pilotage zones where the ships are operating may themselves pilot their ships
but have to ensure safety.
9. Article 27 is amended,
supplemented as follows:
1. Except for urgent cases which require pilots
to lead the ships in order to avoid accidents, the request for pilots must be
notified to the Pilotage Company and the Port Authority at least 6 hours before
the estimated time of picking up the pilot onto the ships.
2. If after the request for pilot is made, there
is any wish to change the pilot-pickup hour or to cancel the pilot request,
such must be notified to the Pilotage Company and the Port Authority at least 3
hours before the estimated time of picking up the pilot onto the ship.
3. The pilots shall have to await at the agreed
places for 4 hours at most as from the estimated hour of picking up the pilots
onto the ships; if past this time limit, the pilots have not been picked up,
the pilot request is regarded as having been cancelled and the ship owners
shall have to pay for the pilots waiting according to current regulations.
4. Within one hour after receiving the request
for pilot, the Pilotage Company shall have to confirm and notify the Port
Authority and the captain of the ship asking for pilot or the ship owner�s agent of the locations and
estimated time for the pilot to embark the ship. If the pilot embarks the ship
later than the schedule and at wrong places, thus forcing the ship to wait or
to move to another place, such Pilotage Company shall have to pay for the ship�s waiting according to
current regulations.
10. Article 30 is
amended, supplemented as follows:
When carrying out activities in seaport water
zones and other maritime zones, the captains shall have to strictly abide by
the following regulations:
1. To abide by all ship- mobilizing orders of
the Port Authority directors and always maintain contact with the Port
Authority on the notified channels.
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3. In relevant areas, to fully comply with the
regulations on speed on ship lanes, alarming signals, warning regimes and other
regulations. To take initiative in moving at a reasonable safe speed when
traveling through areas with underwater activities, channel dredging
activities, signal buoy floating, rescue and salvage, fishery activities, or
when passing by other vessels which are anchoring and mooring.
4. Beyond the prescribed hours, not to travel
under high-voltage power transmission lines, in narrow channels or areas with
other restrictions.
5. Anchoring machines and other similar
equipment must be always in the ready position so as to be able to quickly
execute orders of the captains.
6. Not to drag or pull anchors under water when
operating in channels, canals, except for urgent cases where it is forced to do
so to restrict the ships momentum or to avoid possible accidents.
7. Vietnamese and foreign ships of 70 m or more
in length, when entering or leaving docks and ship-mooring buoys or when making
turns or moving to other locations for moorage and anchorage, must be led by
towage ships. Depending on the practical conditions on maritime safety in the
areas, Vietnam Maritime Bureau shall specify the quantity and capacity of
towage ships to support the above-named ships when they operate in ports. The
captains of ships of under 70m in length, when their ship operate in ports, may
request the support by towage ships, if deeming so necessary.
11. Articles 57, 58, 59
and 60 are cancelled under the provisions in Decree No.92/1999/ND-CP of
September 4, 1999 of the Government on sanctioning administrative violations in
the maritime field.
12. Article 61 is
amended, supplemented as follows:
The Minister of Communications and Transport
shall have to organize and guide the implementation of this Regulation.
Article 2.- This Decree takes
effect 15 days after its signing.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai