Circular No. 02/2024/TT-BQP on inspection work for military ships

 

CIRCULAR

ON THE INSPECTION WORK OF MILITARY SHIPS

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the General Staff of the Vietnam People's Army;

The Minister of National Defense issues this Circular on the inspection work of military ships.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the inspection of military ships and the management of the inspection work of military ships within the Ministry of National Defense.

Article 2. Applicability

This Circular applies to inspection agencies and facilities for military ships; agencies, units managing and using military ships; facilities constructing and repairing military ships; agencies, units, organizations, and individuals related to the inspection work of military ships.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Inspection of military ships is the activity of inspecting, classifying, and issuing certificates of technical safety and environmental protection for military ships during construction, conversion, modernization, acceptance, procurement, importation, repair at medium level or above (hereinafter referred to as repair), and operation and use.

2. Approval of guidance documents for military ships is the process of checking, reviewing, and confirming that guidance documents comply with national standards, national technical regulations, and relevant international treaties.

3. Approval of design documents for military ships is the process of checking, reviewing, and confirming that design documents comply with national standards, national technical regulations, and relevant international treaties or other standards accepted by the Ministry of National Defense.

4. Industrial products are materials, supplies, machines, equipment used in the construction, conversion, modernization, and repair of military ships.

5. Construction of military ships includes activities of building new, converting, and modernizing military ships.

a) Building new military ships is the process of using supplies, equipment, weapons, gear, and labor to construct ships according to approved design and technology documents.

b) Conversion of military ships is the process of combining repair and changes to structure and equipment to transform part or all of the functions and configuration of military ships according to approved design documents.

c) Modernization of military ships involves combining repair, upgrading, and replacing weapons and technical equipment to enhance the combat and technical capabilities of military ships according to approved design documents.

6. Repair of military ships is the comprehensive set of forms and measures aimed at rectifying defects, restoring and maintaining the combat and technical capabilities, durability, reliability of ships and synchronous technical equipment on board.

Article 4. Principles of inspection of military ships

1. New-built, converted, modernized, purchased, imported, received, repaired, and currently operating military ships must be inspected and issued certificates of technical safety and environmental protection according to national standards, national technical regulations, relevant international treaties, state regulations, and the Ministry of National Defense.

2. The inspection work of military ships must ensure independence, honesty, objectivity, compliance with mission requirements, and adherence to national standards, national technical regulations, relevant international treaties, state regulations, the Ministry of National Defense, or other standards accepted by the Ministry of National Defense.

3. The inspection work of military ships shall be carried out by inspection agencies and facilities within the Military. External inspection organizations (hereinafter referred to as external inspection organizations) may only conduct inspections of military ships upon permission from the Ministry of National Defense.

4. Inspection facilities and inspectors of military ships can only carry out inspection contents within the scope and tasks assigned; they must be consistent with the inspection fields and specialties recognized by competent authorities.

5. Agencies, units, organizations, and individuals related to the inspection work of military ships must strictly comply with the provisions of state regulations, the Ministry of National Defense, and regulations on protecting state secrets and military secrets.

6. Inspection activities do not replace the work or responsibilities of technical inspection agencies, quality inspection agencies under the user units, shipbuilding and repair facilities, and industrial product manufacturing facilities used for shipbuilding and repair.

Article 5. Prohibited Acts

1. Using military vessels without inspection registration or when the technical safety and environmental protection certificate has expired.

2. Using design documents that have not been reviewed by the inspection authority.

3. Conducting inspections beyond the assigned functions and authorities.

4. Obstructing inspection activities or interfering with the inspection results of the inspection authority and inspectors.

5. Disclosing confidential information during the inspection of military vessels.

Article 6. Types of Inspections for Military Vessels

1. The types of inspections for military vessels include:

a) Initial inspection, including: Technical inspection and supervision of newly built vessels; vessels received, purchased, imported, or changed inspection organizations;

b) Periodic inspection, including: Annual inspection; dock inspection; regular inspection for operational military vessels;

c) Unusual inspection;

d) Conversion, modernization, repair inspection.

2. The contents and deadlines for each type of inspection for military vessels shall be carried out according to the provisions of the national standards system, national technical regulations, and the regulations of the Ministry of National Defense.

Specific requirements for each inspection round will be adjusted appropriately based on the type of vessel, actual technical condition, operating area, age of the vessel, results of previous inspection rounds, and the unit's usage plan.

Article 7. System of Inspection Authorities and Facilities for Military Vessels

1. The Bureau of Standards-Measurement-Quality Control is the agency responsible for advising the Chief of General Staff to assist the Minister of National Defense in formulating policies and measures to implement state management over the inspection of military vessels.

2. Inspection authorities at various levels for military vessels: Have the function of advising commanders to organize the implementation of the inspection work for military vessels within their assigned scope and authority.

3. Inspection facilities for military vessels: Directly carry out the contents of the inspection work for military vessels within their assigned scope and authority.

Chapter II

CONTENTS OF THE INSPECTION WORK FOR MILITARY VESSELS

Article 8. Review of Design Documents and Guidance Materials for Military Vessels

1. Technical design documents, guidance materials for military vessels, and completion files must be reviewed and certified by the inspection facility or organization to meet the requirements of national standards, national technical regulations, and relevant international treaties to satisfy the approved configuration and combat-technical performance of the vessel.

2. Contents of the review of design documents and guidance materials for military vessels

a) Checking and evaluating the completeness of the set of design documents and guidance materials for military vessels according to the requirements of applicable national standards, national technical regulations, and relevant international treaties;

b) Checking and evaluating the completeness of content, accuracy, and consistency between explanatory documents, calculations, and drawings with the provisions of national standards, national technical regulations, and relevant international treaties.

3. Application for review documents, including:

a) Request for review;

b) Design documents and guidance materials for military vessels as prescribed;

c) Other related documents.

4. The design review request form according to Form No. 01; the design review certification form according to Form No. 02 attached to this Circular.

Article 9. Inspection and Issuance of Safety and Environmental Protection Certificates for Military Vessels Received, Purchased, or Imported

1. Military vessels received, purchased, or imported must be inspected and issued safety and environmental protection certificates by the inspection organization before being put into operation.

2. Content of Inspection and Issuance of Certificates

a) For vessels that have been inspected and issued safety and environmental protection certificates by the registration organization

The inspection content includes: reviewed design documents (if available), registration files, and related technical documents; on-site inspection to assess the vessel's technical condition against the design documents and registration files. If the inspection results meet the technical standards and regulations, the registration organization will issue a safety and environmental protection certificate for military vessels.

b) For vessels not yet inspected and issued safety and environmental protection certificates by the registration organization

The inspection content includes: reviewed design documents; if the vessel does not have accompanying design documents, the purchasing, importing, or receiving unit shall cooperate with the design consulting organization to recreate the design documents, submit them for review by the registration organization, and report to the competent authority for approval; inspect the accompanying files and technical documents; conduct on-site inspection to assess the vessel's technical condition against the approved design documents. If the inspection results meet the technical standards and regulations, the registration organization will issue a safety and environmental protection certificate for military vessels.

3. Documents for Requesting Inspection Include:

a) Inspection Request Form;

b) Design documents and registration files as stipulated in points a and b, Clause 2, Article 9 of this Circular;

c) Other related documents.

4. The Inspection Request Form according to Model No. 03; The Safety and Environmental Protection Certificate according to Model No. 4a attached to this Circular.

Article 10. Inspection and Issuance of Certificates for Industrial Products Used in Building and Repairing Military Vessels

1. Industrial products used for building new, converting, modernizing, and repairing military vessels must be inspected and issued industrial product certificates by the inspection organization to ensure compliance with design documents, national standards, national technical regulations, and state regulations, including those of the Ministry of National Defense.

The list of industrial products subject to inspection and issuance of certificates is applied according to the regulations of the state and the Ministry of National Defense.

2. Content of Inspection and Issuance of Certificates

a) For domestically manufactured industrial products, inspected and technically supervised by the military vessel registration organization

The inspection and technical supervision content includes: checking the certification of production capacity of the manufacturing organization by the authorized organization; reviewing the technical design of industrial products; inspecting production stages; conducting factory tests and issuing industrial product certificates.

b) For imported industrial products without technical inspection and supervision by the military vessel registration organization

The inspection content includes: origin certificates, quality certificates, industrial product certificates from the registration organization or equivalent certificates, test reports, and related documents; inspecting the conformity of industrial products with accompanying technical documents; issuing industrial product certificates.

3. Documents for Requesting Inspection Include:

a) Inspection Request Form;

b) Technical documents as stipulated in points a and b, Clause 2, Article 10 of this Circular;

c) Other related documents.

4. The Inspection Request Form according to Model No. 05; The Industrial Product Certificate according to Model No. 06 attached to this Circular.

Article 11. Technical inspection, supervision, issuance of safety and environmental protection certificates for military vessels during new construction, conversion, modernization, and repair

1. Military vessels undergoing new construction, conversion, modernization, and repair must be subject to technical inspection, supervision, and issuance of safety and environmental protection certificates according to state regulations, the Ministry of National Defense's regulations, and relevant international treaties.

2. Contents of technical inspection, supervision, and issuance of certificates

a) Inspection of compliance with technical requirements, national standards, national technical regulations, and other relevant provisions; conformity with approved technical design documents and repair plans.

b) Supervision of technological process transitions during construction.

c) Participation in technical acceptance at docks, on rivers, or at sea, including live firing tests (if applicable) to assess the technical safety quality of the vessel and installed equipment according to the approved technical design and repair plan.

d) Participation in final acceptance, issuance of safety and environmental protection certificates for military vessels.

3. Documents for Requesting Inspection Include:

a) Inspection Request Form;

b) Technical design documents and repair plans as stipulated in point a, Clause 2, Article 11 of this Circular;

c) Other related documents.

4. Application for inspection form No. 07; Safety and environmental protection certificate form No. 4a attached as an appendix to this Circular.

Article 12. Inspection and issuance of safety and environmental protection certificates for military vessels during operation and use

1. Military vessels in operation and use must undergo inspection by the registration authority to maintain their classification; issuance of safety and environmental protection certificates according to national standards, national technical regulations, and state and Ministry of National Defense regulations.

2. Content of Inspection and Issuance of Certificates

a) Inspection of registration files: In addition to the registration files specified in Clause 2, Article 13 of this Circular, depending on the purpose, characteristics, nature, and level of equipment on board, it is necessary to inspect calibration/determination documents for measuring instruments; inspection reports for equipment with strict technical safety requirements, maritime safety; permits for transporting dangerous goods.

b) Inspection of hull structure and testing the operation of installed technical equipment to evaluate the technical safety quality and environmental protection status.

c) Testing the operation of the vessel, issuance of safety and environmental protection certificates for military vessels.

3. Documents for Requesting Inspection Include:

a) Inspection Request Form;

b) Registration files and various certificates as stipulated in point a, Clause 2, Article 12 of this Circular;

c) Other related documents.

4. Application for inspection form No. 08; Safety and environmental protection certificate form No. 4b attached as an appendix to this Circular.

Article 13. Issuance of registration files for military vessels

1. Conditions for issuing registration files for vessels

Military vessels that have undergone technical inspection and supervision by the registration authority, ensuring technical safety quality and environmental protection, meeting national standards, national technical regulations, relevant international treaties, state regulations, and Ministry of National Defense regulations shall be issued registration files.

2. The registration file of each vessel includes:

a) Vessel technical inspection logbook;

b) Safety and environmental protection certificate;

c) Reports on technical inspections from specialized departments; Technical condition inspection reports of the vessel.

3. Validity period of the registration file

a) The vessel technical inspection logbook is issued upon initial inspection and remains valid until exhausted. During each type of inspection, the inspector must confirm the technical condition of the vessel and equipment in the logbook.

b) The safety and environmental protection certificate for the vessel has a maximum validity period of 12 (twelve) months. Before the expiration date, the vessel must undergo inspection and evaluation of its technical condition by the registration authority and obtain a new certificate.

c) The safety and environmental protection certificate ceases to be valid if any of the following violations occur: The vessel does not undergo inspection as required or fails inspection requirements; after scrapping or suffering accidents or technical failures rendering it non-operational; when changing the structure or machinery, technical equipment during repair, conversion, or modernization without technical inspection and supervision by the registration authority; violation of the vessel's purpose and operational conditions confirmed in the issued certificate; tampered or unclear data.

Chapter III

MANAGEMENT OF MILITARY VESSEL REGISTRATION WORK

Article 14. Contents of State Management on Military Vessel Inspection Work

1. Drafting legal normative documents, internal administrative procedures, regulations, rules, plans on military vessel inspection work; disseminating, promoting, and guiding the implementation thereof.

2. Building, perfecting, and managing the system of inspection agencies and facilities, the team of military vessel inspectors; organizing training and professional development for military vessel inspection work.

3. Directing, guiding, and organizing inspections of agencies and units implementing military vessel inspection work in accordance with state regulations and the Ministry of National Defense.

4. Issuing management regulations on the use of seals, symbols, stamps, forms, and professional certificates in military vessel inspection activities.

5. Implementing inspection and complaint resolution work; handling violations to ensure that military vessel inspection activities comply with state and Ministry of National Defense regulations within their authority.

6. Building and managing databases serving military vessel inspection work.

7. Summarizing and reporting the results of military vessel inspection work as prescribed.

Article 15. Management of Inspection Files

1. Inspection files for each type of vessel must be complete and appropriate to the purpose, characteristics, nature, and level of equipment on board; they must also conform to national standards, technical regulations, state regulations, the Ministry of National Defense, and relevant international treaties.

2. Inspection files shall be established in three sets distributed as follows: one set for the vessel, one set for the using unit, and one set for the inspection facility. When a vessel undergoes modification, modernization, or is decommissioned, the using unit shall recover the inspection file and submit it to the inspection facility.

3. The ship captain is responsible for managing, using, and preserving the inspection file on board the vessel. Upon job transfer or absence, the ship captain must hand over the inspection file to the replacement.

4. In case of loss or damage to the inspection file, timely reports must be made to the competent authority for verification and issuance of supplementary or replacement files.

5. When a vessel is transferred to a new unit, the inspection file must be fully handed over along with the vessel.

Article 16. Management of Quantity, Quality, and Inspection Periods

1. Inspection agencies at all levels and using units are responsible for keeping track of the quantity, quality, and inspection periods of military vessels within their jurisdiction; regularly monitoring, registering, summarizing, and reporting according to regulations.

2. Based on the inspection period, usage plan, annual repair plan, the inspection facility will coordinate with the military vessel using unit to develop an inspection plan as prescribed.

Article 17. Management of Seals, Symbols, Stamps, Forms, and Professional Certificates for Inspection

1. Seals, symbols, stamps, forms, and professional certificates for inspection include: seals, symbols, stamps, and professional certificates of inspection agencies and facilities, and of inspectors; technical inspection logs, various types of certificates, inspection records, and technical inspection reports of inspection facilities as prescribed.

2. Managing and using seals, symbols, stamps, forms, and professional certificates for inspection in accordance with state and Ministry of National Defense regulations.

Article 18. Inspection of Military Vessel Inspection Work

1. Agencies and units shall base their functions and tasks to build inspection plans, submit them for approval by the competent authority, and organize their implementation.

2. The content of the inspection includes:

a) Implementation of inspection contents as stipulated in Articles 8, 9, 10, 11, 12, and 13 of this Circular;

b) Compliance with regulations stipulated in Articles 15, 16, and 17 of this Circular;

c) Inspecting actual vessels and some technical installations on board to evaluate the inspection outcomes.

Article 19. Reporting System

1. Inspection agencies, inspection facilities, and units using military vessels shall implement the reporting system according to their分级权限，包括：

a) Semi-annual report: In accordance with Form No. 09 attached to this Circular;

b) Annual report: In accordance with Form No. 10 attached to this Circular;

c) Ad hoc report: In accordance with Form No. 11 attached to this Circular.

2. Reporting time:

a) Semi-annual report: Before June 25 each year;

b) Annual report: Before December 25 each year;

c) Ad hoc report: To be applied when a vessel encounters accidents, incidents, damage affecting its structure and performance; restricted operations, or upon request from superiors.

Article 20. Ensuring Inspection Work

1. The budget and fuel costs for inspecting newly built, converted, modernized, repaired, received, purchased, or imported military vessels shall be determined in projects and plans approved by competent authorities.

2. The budget and fuel costs for inspecting military vessels during operation and use shall be compiled, reported, and guaranteed by the units using the vessels in accordance with financial and fuel regulations of the Ministry of National Defense.

3. The budget and fuel costs for inspecting inspection work shall be compiled, reported, and guaranteed by the General Department of Standardization-Measurement-Quality Control under the General Staff Headquarters in accordance with financial and fuel regulations of the Ministry of National Defense.

4. The training, seminar, and professional development budget for military vessel inspectors; the budget for purchasing equipment and office supplies to ensure operational capacity shall be compiled, reported, and guaranteed by the inspection agencies and facilities in accordance with state regulations and those of the Ministry of National Defense.

Chapter IV

RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 21. General Staff Headquarters

1. Assist the Minister of National Defense in performing state management functions over military vessel inspections.

2. Specify the organizational system; functions and tasks; working relationships; scope of activities of military vessel inspection agencies and facilities at Article 7 of this Circular.

3. Direct the General Department of Standardization-Measurement-Quality Control

a) Advise the Chief of General Staff to assist the Minister of National Defense on policies and measures to implement state management over inspection work of military vessels; coordinate with the General Department of Military Affairs under the General Staff Headquarters to propose improvements to the system of inspection agencies and facilities to meet requirements and tasks;

b) Lead the drafting, revision, and supplementation of legal normative documents, regulations, and rules on inspection work of military vessels; draft internal administrative procedures specified in Articles 8, 9, 10, 11, 12, and 13 of this Circular, submit them to competent authorities for promulgation and issuance to implement inspection work of military vessels within the Ministry of National Defense;

c) Promote, disseminate, guide, and direct professional operations and organize the implementation of inspection work of military vessels;

d) Manage the quantity and quality of the inspection workforce; organize training and professional development for military vessel inspectors;

đ) Lead and coordinate with relevant agencies and units to develop fuel consumption standards, budgets; data bases serving inspection work of military vessels;

e) Develop annual and ad hoc inspection plans and inspection work plans, report to the Head of the General Staff Headquarters for approval; guide, organize inspections, and report results of inspection work of military vessels as prescribed;

g) Organize printing, distribution, recovery, and cancellation of seals, symbols, certificates, forms, and professional qualification certificates for military vessel inspectors as prescribed;

h) Participate in acceptance boards, appraisal boards, accident investigation boards, and incident investigation boards for military vessels.

Article 22. Agencies and units under the Ministry of National Defense

1. The General Department of Technical Services, the General Department of National Defense Industry, the General Department of Logistics, the Naval Zone, the Border Guard Force, the Coast Guard Command, and related agencies and units

a) Direct subordinate agencies and units to coordinate and organize the implementation of inspection work during the construction, conversion, modernization, repair, acceptance, procurement, import, operation, and use of military vessels in accordance with this Circular;

b) Direct military vessel inspection facilities under their authority to implement inspection work according to their functions, tasks, and assigned scope;

c) Summarize, report on indicators, tasks, and results of military vessel inspection work in accordance with regulations.

2. The General Department of Logistics

Direct the Petroleum Administration to guide relevant agencies and units to prepare fuel plans to ensure the inspection work for military vessels in accordance with this Circular.

3. The Finance Department

Guide relevant agencies and units to prepare budget estimates to ensure the inspection work for military vessels in accordance with this Circular.

Article 23. Project Investors and Ordering Agencies

1. Based on investment policies, plans for new construction, conversion, modernization, acceptance, procurement, and import of military vessels that have been approved, propose contents related to inspection work, report to the Standardization-Measurement-Quality Control Department of the General Staff to compile plans and provide guidance on implementing inspection work.

2. Supervise the results of inspection work in accordance with regulations to ensure technical safety quality and environmental protection of newly constructed, converted, modernized, repaired, accepted, procured, and imported military vessels.

Article 24. Inspection Agencies and Facilities for Military Vessels

1. Military Vessel Inspection Agencies

a) Assist commanders in organizing the implementation of military vessel inspection work in accordance with state regulations, the Ministry of National Defense, and the business guidance and directives of higher-level inspection agencies;

b) Disseminate and promote state regulations, the Ministry of National Defense, and international treaties related to military vessel inspection work;

c) Direct business operations and organize inspections of the implementation of military vessel inspection work content for inspection facilities and units using military vessels;

d) Participate in acceptance boards, appraisal boards, and accident investigation boards for military vessels according to assigned functions and tasks;

đ) Summarize and report the results of military vessel inspection work to commanders and higher-level inspection agencies.

2. Military Vessel Inspection Facilities

a) Develop plans and take the lead in coordinating the implementation of military vessel inspection work within the assigned scope and tasks; bear responsibility for the results of military vessel inspection work;

b) Participate in developing, revising, and supplementing national standards and technical regulations related to military vessel inspection work;

c) Participate in vocational training, evaluation of military vessel inspectors as prescribed;

d) Implement record-keeping, management, and confidentiality of files and documents related to military vessel inspection work as prescribed;

đ) Participate in acceptance boards, appraisal boards, and accident investigation boards for military vessels according to assigned functions and tasks;

e) Summarize and report the results of military vessel inspection work to unit commanders and higher-level inspection agencies.

Article 25. Military ship construction and repair facilities

1. Strictly implement the product quality control procedures; be responsible for the technical safety quality and environmental protection when constructing new, converting, modernizing, and repairing military ships at their own facilities.

2. Coordinate with inspection agencies, inspection facilities, and inspectors to fully carry out inspection work during the construction of new, conversion, modernization, and repair of military ships according to regulations.

Article 26. Units using military ships

1. Organize management and maintenance of the technical safety quality and environmental protection of military ships according to regulations.

2. Coordinate with inspection agencies and inspection facilities to develop inspection plans, implement them, and report on the results of the unit's military ship inspection work according to regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Circular takes effect from February 27, 2024.

2. Repeal Clause 2 of Article 3 of Circular No. 01/2023/TT-BQP dated January 10, 2023, issued by the Minister of National Defense regarding military ship inspectors; repeal Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, and Article 25 of the Regulation on the Organization and Operation of Military Ship Inspection issued pursuant to Decision No. 196/2006/QĐ-BQP dated December 7, 2006, issued by the Minister of National Defense.

3. In cases where legal normative documents serving as the basis or cited in this Circular are amended, supplemented, or replaced by other legal normative documents, the provisions of the newly issued, amended, supplemented, or replaced documents shall apply.

Article 28. Responsibility for Implementation

The Chief of General Staff, heads of subordinate agencies and units under the Ministry of National Defense, and relevant agencies, units, organizations, and individuals are responsible for implementing this Circular./.