|
THE MINISTRY OF
TRANSPORT
-------
|
SOCIALIST REPUBLIC OF
VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.: 27/2011/TT-BGTVT
|
Hanoi, April 14, 2011
|
CIRCULAR
ON
THE IMPLEMENTATION OF THE AMENDMENT 2002 TO INTERNATIONAL CONVENTION FOR THE SAFETY
OF LIFE AT SEA 1974 ENCLOSED WITH THE INTERNATIONAL SHIP AND PORT FACILITY
SECURITY CODE
Pursuant to Vietnamese Maritime Code dated June
14, 2005;
Pursuant to the Government's Decree No.
51/2008/ND-CP dated April 22, 2008, defining the functions, tasks, powers and
organizational structure of the Ministry of Transport;
Pursuant to the Decision No. 191/2003/QD-TTg
dated September 16, 2003 by the Prime Minister on approval for the Amendment
2002 to a number of chapters of the International Convention for the safety of
life at sea 1974;
Pursuant to the 2002 Amendments to the
International Convention for the safety of life at sea 1974 enclosed with the
International Ship and Port Facility Security Code;
The Minister of Transport provides regulations
on the application of the Amendment 2002 to International Convention on safety
of life at sea 1974 enclosed with the International Ship and Port Facility
Security Code and procedures for the issuance of certificates according to the
provisions of the International Ship and Port Facility Security Code as
follows:
Chapter I
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Scope of
regulation
This circular provides for the application of
the Amendment 2002 to International Convention on safety of life at sea 1974
(hereinafter referred to as the 1974 SOLAS Convention) enclosed with the
International Ship and Port Facility Security Code (hereinafter referred to as
the ISPS Code) and procedures for the issuance of certificates according to the
provisions of the ISPS Code.
Article 2. Regulated
entities
1. This Circular applies to Vietnamese and
foreign organizations/individuals relating to the assessment, approval and
issuance of the security certificate to the following types of ships that are
operated on international route:
a) Passenger ship;
b) Cargo ship with total capacity of 500 GT and
higher;
c) Mobile offshore drilling unit.
2. This Circular applies to Vietnamese and
foreign organizations/individuals relating to the assessment, approval and
issuance of the security certificate to seaports that accept ships operated on
international route specified in clause 1 of this Article.
Article 3.
Responsibilities of organizations under the ISPS Code
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Vietnam Maritime Administration – Maritime
authorities with function of competent agencies shall:
a) Guide the Seaport enterprises to build up the
Seaport security plan, check and grant approval for the Seaport security plan
and the amendments to it;
b) Check and issue the Certificate of compliance
of a port facility according to the form provided in Appendix I of this
Circular and conduct inspections at the port every year;
c) Guide the implementation of the “Security
commitment” according to the form in Appendix II of this Circular;
d) Work as the communication focus point to
receive, treat and transmit maritime security information from and to sea-going
ships, shipping companies, seaport enterprises and concerned agencies;
dd) Exchange information with the International
Maritime Organization on the implementation of the Amendment 2002 to the 1974
SOLAS Convention and the ISPS Code in Vietnam;
e) Issue the “Continuous Synopsis Record for
Ship” according to the form in Appendix III of this Circular.
2. Responsibilities of the Vietnam Register
The Vietnam Register, as a recognized security,
shall:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Check and grant approval for the Ship
security assessments;
c) Check and grant approval for the Ship
security plans;
d) Conduct inspections of the Security system
and security equipment on ship at the request of the ISPS Code and issue the
International certificate of ship security and the Temporary international
certificate of ship security.
3. Responsibilities of Port authorities
Port authorities shall:
a) Guide the port enterprise to conduct port
security assessments;
b) Check and grant approval for the port
security assessment and issue the Certificate of Appraisal – Approval according
to the form in Appendix IV of this Circular;
c) Examine and supervise the security activities
at port facilities;
d) Carry out other tasks authorized by Vietnam
Maritime Administration.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Provide training in security at port
facilities according to the standard programs of the International Maritime
Organization and issue the Certificate of training in security at port facility
according to the form in Appendix V of this Circular;
b) Report to Vietnam Maritime Administration the
list of people that have been issued with the Certificate of training in
security at port facility.
5. Responsibilities of port enterprises
a) Preside over the assessment of security at
port facilities and draw up the Port security assessment according to the form
in Appendix VI and the consultancy of representatives of Customs authorities at
port, Port officials who have finished training in security at port facilities
(such officials shall not participate in the consideration and approval for
port security assessment), Security police, Waterway traffic police (if any)
and Checkpoint border police.
b) Draw up Plans on security at port facility
according to the form in Appendix VII.
c) Conduct internal assessment regarding
security at port facilities and organize meetings with representatives of
authorities at port facilities for consideration and assessment of the Internal
assessment of security at port facilities (using the form in Appendix VIII) to
have the Certificate of compliance of a port facility verified every year.
d) Conduct security inspections at port
facilities according to the contents in the form provided in Appendix IX for
re-assessment and re-establishment of port security plans when the Certificate
of compliance of a port facility expires.
dd) Ensure the sufficiency of port security
officials and establish port security organizations (large-scale ports
enterprise having multiple sub-ports may establish Port security divisions with
members including representatives of Port director, representatives of director
of divisions in charge of developing, personnel organization or technical
issues, officials provided with training in port and expected to be accredited
to port authorities; small-scale port enterprises having one or two ports
(wharves) may establish Port security divisions including a member of the
leadership of port, officials in charge of port security, port development or
technical issues at port, officials provided with training in port security and
expected to be accredited to port authorities).
e) Establish the port security system at the
request of the ISPS Code.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Conduct ship security assessment.
b) Draw up ship security plans.
c) Arrange officers expected to be concurrently
the Ship security officers and officials expected to be Company security
officials to receive training from the Vietnam Register.
d) Ensure that ships fulfill the requirements
for ship security assessment; formulation of ship security plans for appraisal,
approval and issuance of the International certificate of ship security and the
Temporary international certificate of ship security. Concurrently, ensure that
such ships are issued with Continuous Synopsis Record for Ship and the Security
commitment.
dd) Provide ships with equipment specified in
the Amendment 2002 to the 1974 SOLAS Convention and appoint a desk officer to
be concurrently the ship security officer of each ship within management and
one or a number of officials to be the company security officials.
Chapter II
PROCEDURES
FOR ISSUANCE OF CERTIFICATES TO SHIP SECURITY SYSTEMS, PRCEDURES FOR APPROVAL
FOR SHIP SECURITY PLANS AND PROCEDURES FOR ISSUANCE OF CERTIFICATES TO SHIP
SECURITY OFFICERS AND COMPANY SECURITY OFFICIALS
Article 4. Procedures
for issuance of the international certificates of ship security
1. Procedures
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The Vietnam Register shall receive and check
the application; if the application is unsatisfactory, the Vietnam Register
shall guide the shipping company to complete; otherwise, the Vietnam Register
shall send the shipping company a notification of time and location of
assessment at the request of the company.
c) The Vietnam Register shall conduct the
assessment of ship security system on the ship.
d) When the assessment finishes, if the ship
security system is not conformable with the requirements in the ISPS Code, a notification
shall be sent to the shipping company for repair; otherwise, the Vietnam
Register shall issue the shipping company with the International certificate of
ship security using the form in Appendix XI or Appendix XII.
2. Implementing method
a) The shipping company may send 01 application
by post or by fax, mail or submit directly at the Vietnam Register.
b) The shipping company may receive the response
by post or directly at the Vietnam Register.
3. Content and quantity of application:
a) The application shall include the application
form provided in Appendix X.
b) Quantity: 01 application.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Requirement: the ship security system must
satisfy the requirements specified in the ISPS Code.
6. Fees and charges: the applicant shall pay
fees and charges according to the regulations of the Ministry of Finance
directly or through deposits to the Certificate issuer.
Article 5. Procedures
for granting approval for ship security plans
1. Procedures
a) The shipping company shall submit the
application to the Vietnam Register.
b) The Vietnam Register shall receive and check
the application; if the application is unsatisfactory, the Vietnam Register
shall guide the shipping company to complete.
c) The Vietnam Register shall examine the Ship
security plan; if the plan does not satisfy the requirements specified by the
ISPS Code, the Vietnam Register shall notify the shipping company for
completion; if the plan is satisfactory, the Vietnam Register shall grant
approval for the Ship security plan and issue the shipping company with a
Certificate of approval using the form in Appendix XIII.
2. Implementing method
The shipping company may send the application
and receive the response by post or directly at the Vietnam Register.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The application shall include 01 Application
form provided in Appendix X and 02 original copies of the Ship security plan.
b) Quantity: 01 application.
4. Time limitfor responding:
The approval for the Ship security plan and the
Certificate of approval shall be granted not later than 01 working day since
the examination of the Ship security plan finished.
5. Requirement: the ship security plan must
satisfy the requirements specified in the ISPS Code.
6. Fees and charges: the applicant shall pay
fees and charges according to the regulations of the Ministry of Finance
directly or through deposits to the Certificate issuer.
Article 6. Procedures
for issuance of the Professional training certificate for ship security
officers/company security officials
1. Procedures
a) The organization/individual shall submit the
application to the Vietnam Register.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The Vietnam Register shall provide training
and post training tests; if the organization/individual is unsatisfactory, the
Vietnam Register shall send them a notification; otherwise, the Vietnam
Register shall grant them the Professional training certificate for ship
security officers/company security officials using the form in Appendix XIV.
2. Implementing method
The organization/individual may send the
application and receive the response by post or directly at the Vietnam
Register.
3. Content and quantity of application
a) Content of the application:
A written request for permission of
organization/individual; the CV verified by authorized agencies/units and 01
4x6 photo that is taken in the latest 06 months (with full name and date of
birth written on the back side).
b) Quantity: 01 application.
4. Time limit for responding:
The Professional training certificate for Ship
security officers/company security officials shall be granted not later than 01
working day since the training results is got.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Fees and charges: the applicant shall pay
fees and charges according to the regulations of the Ministry of Finance
directly or through deposits to the Certificate issuer.
Chapter III
PROCEDURES
FOR ISSUANCE OF CERTIFICATES RELATING TO PORT SECURITY
Article 7. Procedures
for appraisal – approval for port security assessment
1. Procedures
a) The Port enterprise shall submit the
application to the Port authority in local area.
b) The Port authority shall receive and check
the documents; if the application is unsatisfactory, the Vietnam Register shall
guide the shipping company to complete; otherwise, the Port authority shall
send the shipping company a notification of time of assessment at the port
facility.
c) The Port authority shall conduct port
security assessment at the port facility.
d) When the assessment finishes, if the Port
security assessment satisfy the requirements specified in the ISPS Code,
Director of Port authorities shall issue the Certificate of Appraisal –
Approval.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The port enterprise shall submit the
application by post or directly at a Port authority.
b) The port enterprise may receive the response
by post or directly at the Port authority.
3. Content and quantity of application:
a) The Official application for approval for the
Port security assessment signed by Director of port enterprises (using the form
in Appendix XV);
b) 01 Port security assessment verified by the
Director of the port enterprise on the last page (regarding ports joint venture
with foreigners or foreign entities using ports, the Assessment shall be
translated into English);
c) Quantity: 01 application.
4. Time limit for issuance of the Certificate of
Appraisal – Approval: not later than 03 working days after the assessment.
5. Requirements: The Port security assessment
shall satisfy the regulations specified in the ISPS Code.
6. Fees and charges: the applicant shall pay
fees and charges according to the regulations of the Ministry of Finance
directly or through deposits to the Certificate issuer.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Procedures
a) The Port enterprise shall submit the
application to Vietnam Maritime Administration.
b) Vietnam Maritime Administration shall receive
and check the documents; if the application is unsatisfactory, Vietnam Maritime
Administration shall guide the port enterprise to complete; otherwise, Vietnam
Maritime Administration shall send the port enterprise a notification of time
of assessment at the port.
c) Vietnam Maritime Administration shall examine
the port security plan at the port facility.
d) When the examination finishes, if the Port
security plan satisfy the requirements specified in the ISPS Code, Vietnam
Maritime Administration shall issue the Certificate of compliance of a port
facility.
2. Implementing method
a) The port enterprise shall submit the
application by post or directly at Vietnam Maritime Administration.
b) The port enterprise may receive the response
by post or directly at Vietnam Maritime Administration.
3. Content and quantity of application:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) 01 Port security plan verified by the
Director of the port enterprise (regarding ports joint venture with foreigners
or foreign entities using ports, the Plan shall be translated into English);
b) 01 Port security assessment verified by the
Director of the port enterprise on the last page that is appraised and approved
by a Port authority (regarding ports joint venture with foreigners or foreign
entities using ports, the Assessment shall be translated into English);
d) Quantity: 01 application.
4. Time limit for issuance of the Certificate of
compliance of a port facility: not later than 03 working days after the
examination.
5. Requirements: The Port security plan shall
satisfy the regulations specified in the ISPS Code.
6. Fees and charges: the applicant shall pay
fees and charges according to the regulations of the Ministry of Finance
directly or through deposits to the Certificate issuer.
Article 9. Procedures
for annual verification of the Certificate of compliance of a port facility
1. Procedures
a) The Port enterprise shall submit the
application to Vietnam Maritime Administration.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Vietnam Maritime Administration shall examine
the application and issue the annual verification if the application satisfies
the requirements of the ISPS Code.
2. Implementing method
a) The port enterprise shall submit the
application by post or directly at Vietnam Maritime Administration.
b) The port enterprise may receive the response
by post or directly at Vietnam Maritime Administration.
3. Content and quantity of application:
a) An Official application for examination and
verification of the Certificate of compliance of a port facility of the port
enterprise;
b) 01 internal assessment of port security;
c) The minutes of meetings about consideration
and assessment of the Internal assessment of relevant State management agencies
at port area;
d) The minutes of training or practices
according to the program of Port security plan;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Quantity: 01 application.
4. Time limit of the issuance of the
verification: not later than 05 working days from the day on which the
satisfactory application is received according to the regulations.
5. Requirements: The Port enterprise and the
port facility shall satisfy the regulations specified in the ISPS Code.
6. Fees and charges: the applicant shall pay
fees and charges according to the regulations of the Ministry of Finance
directly or through deposits to the Certificate issuer.
Chapter IV
ORGANIZATION
OF IMPLEMENTATION
Article 10. Effect
1. This Circular comes into effect from May 28th,
2011.
2. The Decision No. 170/2004/QD-BGTVT dated
16/01/2004 by the Minister of Transport on the application of the Amendment
2002 to the 1974 SOLAS Convention and the International Ship and Port Facility
Security Code is annulled by the effect of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Vietnam Maritime Administration and the
Vietnam Register shall be responsible for the implementation of this Circular.
2. the Chief of the Ministry Office, Chief
Inspectors of Ministries, Director of Department affiliated to the Ministry of
Transport, Director of Vietnam Maritime Administration, Director of the Vietnam
Register and Heads of relevant agencies, units and individuals are responsible
for implementing this Circular./.
THE MINISTER
Ho Nghia Dung
ATTACHED FILE
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66