Circular No. 06/2015/TT-BGTVT on the operating area of cargo ships in the Gulf of Northern Vietnam

CIRCULAR

Regulations on the operating area of cargo ships in the Gulf of Northern Vietnam 

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

BASED ON THE GOVERNMENT DECREE NO. 107/2012/NĐ-CP OF DECEMBER 20, 2012 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORTATION;

At the proposal of the Director of the Transport Department and the Director of the Vietnam Ship Survey Corporation,

The Minister of Transport hereby promulgates this Circular to regulate the operating areas and equipment of Vietnamese steel-hulled cargo ships with a gross tonnage (GT) of 300 or more (hereinafter referred to as ships) operating in the Gulf of Northern Vietnam within Vietnamese territorial waters.

Article 1. Scope of Regulation

This Circular applies to organizations and individuals involved in activities related to the ships as stipulated in Article 1 of this Circular.

Article 2. Applicability

The Gulf of Northern Vietnam

Article 3. Explanation of Terms

1. is a semi-enclosed bay bounded to the north by the coastline of the mainland territories of Vietnam and China, to the east by the coast of the Leizhou Peninsula and Hainan Island of China, to the west by the coast of Vietnam's mainland, and to the south by a straight line connecting the most protruding point of the outer edge of Ong Ca Cape - Hainan Island of China at geographic coordinates of latitude 18°31'19" North, longitude 108°41'17" East, through Con Co Island of Vietnam to a point on Vietnam's coast at geographic coordinates of latitude 16°57'40" North and longitude 107°08'42" East. Limited class I, II, or III ships

2. are ships designated with restricted operation zone markings according to Section 2.1.2-4(1)(a) Chapter 2, Part 1A of the National Technical Regulation "Classification and Construction Rules for Steel-Hulled Ships" (QCVN 21: 2010/BGTVT). In addition to the provisions of this Circular, ships must comply with the regulations of the National Technical Regulation Classification and Construction Rules for Steel-Hulled Ships (QCVN 21: 2010/BGTVT), the National Technical Regulation on Safety Equipment for Ships (QCVN 42: 2012/BGTVT), the National Technical Regulation on Marine Pollution Prevention Systems for Ships (QCVN 26: 2014/BGTVT), the National Technical Regulation on Measurement of Ship Gross Tonnage (QCVN 63: 2013/BGTVT), the National Technical Regulation on Ship Anti-Collision Systems (QCVN 74: 2014/BGTVT), the National Technical Regulation Cargo Handling Equipment for Ships (QCVN 23: 2010/BGTVT), and other relevant laws and regulations.

Article 4. Application of Law

Where the legal normative documents and national technical regulations cited in this Circular are amended, supplemented, or replaced by other documents, the amended, supplemented, or replacing documents shall be applied.

Article 5. Operating Area of Ships in the Gulf of Northern Vietnam

1. The operating area of ships must comply with the provisions of the National Technical Regulation Classification and Construction Rules for Steel-Hulled Ships (QCVN 21: 2010/BGTVT).

2. Limited class II ships may operate beyond 50 nautical miles from shore or sheltered areas if weather conditions ensure significant wave height (Hs) does not exceed 4.0 meters and wind speed does not exceed Force 6 Beaufort.

3. Limited class III ships may operate beyond 20 nautical miles from shore or sheltered areas if weather conditions ensure significant wave height (Hs) does not exceed 2.5 meters and wind speed does not exceed Force 5 Beaufort, while also complying with the provisions of Clause 2 of Article 6 of this Circular.

4. Weather information specified in Clauses 2 and 3 of this Article shall be obtained from the Central Meteorological and Hydrological Forecasting Center's weather bulletin.

4. The weather information specified in Clauses 2 and 3 of this Article is obtained from the weather bulletin of the National Centre for Hydro-meteorological Forecasting.

Article 6. Equipment of vessels operating in the Gulf of Northern Vietnam

1. The equipment of vessels must comply with the provisions of the National Technical Regulations set forth in Clause 1, Article 4 of this Circular.

2. Limited Class III vessels as stipulated in Clause 3, Article 5 of this Circular, in addition to complying with the provisions of Clause 1 of this Article, shall also meet the following requirements:

a) The main engine of the vessel must be equipped with a backup lubricating oil pump, a backup cooling water pump, and a backup air compressor;

b) The vessel must be equipped with two generator sets, each capable of providing sufficient electrical energy for safe operation of the vessel;

c) If transformers are required to supply electrical power to the equipment on board, then the vessel must be equipped with two transformers, each capable of providing sufficient electrical energy for safe operation of the vessel;

d) Life-saving rafts arranged on each side of the vessel must have the capacity to carry all persons on board.

Article 7. Responsibilities of the Vietnam Maritime Administration

Implement technical inspection, supervision, and issue certificates regarding technical safety and environmental pollution prevention according to regulations for vessels specified in Article 1 of this Circular.

Article 8. Responsibilities of ship design, construction, restoration, repair, and operation facilities

Fully implement the provisions of this Circular and other relevant laws in the design, construction, restoration, repair, and operation of vessels.

Article 9. Responsibilities of ship owners, vessel operators, and captains

1. Ship owners and vessel operators are responsible for organizing guidance and training for captains and crew members on board to fully implement the provisions of this Circular and other relevant laws.

2. During vessel operation, the captain must continuously monitor weather forecast information and actual sea conditions to make decisions about changing course, route, speed of the vessel, or seeking shelter to ensure safety.

Article 10. Effective Date

This Circular takes effect from May 15, 2015.

Article 11. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterways Administration, Heads of agencies and units under the Ministry of Transport, and related organizations and individuals are responsible for implementing this Circular.

2. In the process of implementation, if any difficulties arise, related agencies, organizations, and individuals should report them to the Ministry of Transport for timely resolution./.