Circular No. 07/2015/TT-BGTVT stipulates maritime signals and maritime notifications in coastal waters and territorial seas of Vietnam, applicable to organizations and individuals investing in construction, management, and operation of maritime signals; it also stipulates procedures for publishing maritime notifications. This Circular takes effect from June 1, 2015.
적용 범위
Organizations and individuals investing in construction, management, and operation of maritime signals and maritime notifications; related organizations and individuals, vessels operating in coastal waters and territorial seas of Vietnam.
핵심 사항
- The Vietnam Maritime Administration is responsible for state management of maritime signals and publication of maritime notifications.
- Organizations and individuals must establish maritime signals when managing exploitation of dedicated shipping channels or using specific water areas.
- Procedure for approval of establishment of maritime signals: The Vietnam Maritime Administration examines and approves within five working days.
- Publication of periodic maritime notifications about technical parameters of shipping channels, construction zones at sea or underwater structures must be carried out according to regulations.
- Transmission of maritime notifications at least twice a day and continuously four times a day until new notifications are issued.
🌐 이 문서의 사회적 영향
- Facilitating maritime traffic activities and ensuring safety for vessels.
- Reducing the risk of accidents caused by obstacles and inaccuracies in maritime signal positions.
- Receiving and promptly processing information related to maritime safety from organizations and individuals.
❓ 자주 묻는 질문
What responsibilities does the Vietnam Maritime Administration have?
The Vietnam Maritime Administration implements state management of maritime signals and publication of maritime notifications throughout the country.
Which organizations and individuals must establish maritime signals?
Organizations and individuals have the obligation to establish maritime signals when managing exploitation of dedicated shipping channels or using specific water areas such as geological exploration zones, fishing, and aquaculture.
What is the duration for publishing maritime notifications?
The Vietnam Maritime Administration has the responsibility to publish maritime notifications within five working days from receipt of complete files.
Which organizations and individuals have the right to request provision of maritime notifications?
Organizations and individuals specified in Article 2 of this Circular have the right to request provision of maritime notifications.
How is a maritime notification about newly discovered dangerous obstacles published?
Upon receiving information, the authorized organization for publishing maritime notifications must verify and immediately publish a maritime notification about newly discovered dangerous obstacles.
전문
CIRCULAR
Regulations on maritime signals and maritime notificationsi
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Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
Based on Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;
Based on Decree No. 146/2013/NĐ-CP dated October 30, 2013 of the Government on the announcement of maritime routes and traffic separation in Vietnam's territorial waters;
At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration,
The Minister of Transport issues this Circular to regulate maritime signals and maritime notifications.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates investment in construction, management, and operation of maritime signals and maritime notifications in seaport waters and Vietnam’s marine areas.
Article 2. Applicability
This Circular applies to organizations and individuals investing in construction, management, and operation of maritime signals and maritime notifications; organizations and individuals related thereto, and vessels operating in seaport waters and Vietnam’s marine areas.
Article 3. Explanation of Terms
In this Circular, the following terms shall be understood as follows:
1. Vessels include merchant ships, military ships, public service ships, fishing boats, inland waterway vessels, seaplanes, and other watercraft.
2. Maritime signals are devices or structures, vessels established and operated on the surface of the water or on land to guide mariners and relevant organizations and individuals in determining the direction and position of vessels.
3. Maritime notifications are documents issued by competent authorities providing information and guidance to mariners and relevant organizations and individuals to ensure maritime safety, maritime security, and environmental protection.
4. Water areas, maritime zones include pilot reception areas, quarantine areas, turning areas, anchorage areas, cargo transfer areas, and storm shelters within seaport waters.
5. Public maritime channel is a seaport channel invested in construction and managed for common use of seaports.
6. Dedicated maritime channel is a branch seaport channel and other maritime channels invested in construction and managed for dedicated port operations.
7. Dedicated cargo transfer area is a water area invested in construction and managed for dedicated port operations.
Chapter II
MARITIME SIGNALS
Section 1
INVESTMENT AND CONSTRUCTION OF MARITIME SIGNALS
Article 4. Planning for Development of the Maritime Signal System
1. The Minister of Transport approves the planning for development of the maritime signal system.
2. The Vietnam Maritime Administration leads and coordinates with units ensuring maritime safety and relevant organizations to develop the planning for development of the maritime signal system, submit it to the Minister of Transport for approval, and manage its implementation according to the approved plan.
Article 5. Principles for Investment in Construction of Maritime Signals
1. Investment in construction of maritime signals must comply with the approved planning, provisions of this Circular, laws on investment and construction. Maritime signals must be located at necessary positions to ensure maritime safety.
2. The Vietnam Maritime Administration manages state administration over investment in construction of maritime signals according to the approved planning.
Article 6. Investment in Construction of Maritime Signals
1. Depending on the scale, nature, and characteristics of the project for investment in maritime signals from state funds, the Minister of Transport considers and decides on investment or delegates authority to the Director of the Vietnam Maritime Administration to consider and decide on investment.
2. Units ensuring maritime safety have the responsibility to promptly establish maritime signals for immediate safety assurance, while immediately reporting to the Vietnam Maritime Administration and the Port Maritime Office in the area.
3. Organizations and individuals have the obligation to establish maritime signals when managing and operating dedicated maritime channels or using the following water areas:
a) Areas for geological exploration, oil and gas extraction;
b) Fishing and aquaculture areas;
c) Construction sites, salvage and rescue areas;
d) Areas for laying submarine cables or pipelines, underwater structures, and equipment affecting maritime activities;
đ) Training areas: military, search and rescue, fire prevention and control, oil spill response;
e) Areas for ocean data collection systems;
g) Entertainment, tourism, and sports areas.
4. Organizations and individuals constructing works crossing maritime channels have the obligation to establish maritime signals to ensure maritime safety.
5. Organizations and individuals specified in Clause 3 and Clause 4 of this Article must obtain the approval of the Vietnam Maritime Administration regarding the location, scale, and type of maritime signals as prescribed in Article 7 of this Circular before establishing maritime signals.
6. Establishment of maritime signals must comply with national technical standards for maritime signals.
Article 7. Procedure for Approval to Establish Marine Navigation Marking
1. Organizations and individuals shall submit one set of application files directly or through postal services or other appropriate means to the Vietnam Maritime Administration, including:
a) An application form of organizations and individuals according to the model prescribed in Appendix 1 of this Circular;
b) The technical design of marine navigation marking.
2. The procedure for receiving and processing the files is as follows:
a) In case of direct submission, if the file is complete, a receipt will be issued and a result delivery date will be scheduled within the prescribed time limit; if the file is incomplete, it will be returned immediately with instructions to complete the file;
b) In case of submission through postal services or other appropriate means, if the file is incomplete within two working days from the date of receipt, the Vietnam Maritime Administration shall issue a document requesting organizations and individuals to supplement and complete the file;
c) Within five working days from the date of receipt of the file as prescribed, the Vietnam Maritime Administration shall issue a document approving the establishment of marine navigation marking. If approval is not granted, a written response must be provided with clear reasons stated.
Section 2
MANAGEMENT AND OPERATION OF MARINE NAVIGATION MARKINGI
Article 8. Responsibilities for Managing Marine Navigation Marking
1. The Vietnam Maritime Administration shall implement state management over marine navigation marking throughout the country.
2. Port maritime authorities shall be responsible for inspecting and supervising the operation of the marine navigation marking system in port waters and their respective areas of management.
3. Units ensuring maritime safety shall directly manage, operate, and be responsible for the activities of marine navigation marking in the assigned areas.
4. Organizations and individuals specified in Clause 3 and Clause 4 of Article 6 of this Circular shall organize the management, operation, and bear responsibility for the activities of marine navigation marking which they have invested in constructing.
Article 9. Responsibilities of Units Managing and Operating Marine Navigation Marking
1. Develop periodic plans for repairing, renovating, and upgrading marine navigation marking and submit them for approval by competent authorities.
2. Regularly maintain and service marine navigation marking to ensure that its technical parameters always comply with published maritime notices.
3. Promptly repair and rectify marine navigation marking when it is damaged, lost, or incorrect.
4. Timely prepare documentation to determine the extent of damage, loss, or error of marine navigation marking and send it to the competent authority for investigation and handling if necessary or at the request of the competent authority.
5. Report in writing on the operational status of marine navigation marking to the Vietnam Maritime Administration every quarter according to the model prescribed in Appendix 2 of this Circular.
6. When there are changes in the characteristics of marine navigation marking compared to published maritime notices, timely notify the competent organization to publish the maritime notice.
Article 10. Protection of Marine Navigation Marking
1. All organizations and individuals have the responsibility to protect marine navigation marking.
2. Organizations and individuals who engage in acts of destruction, theft, or damage to marine navigation marking shall be dealt with according to the provisions of the law.
3. Organizations and individuals who achieve outstanding results in protecting marine navigation marking shall be rewarded according to regulations.
Chapter III
MARITIME NOTICES
Article 11. Principles for Publishing Marine Notices
1. Marine notices must be promptly published by authorized organizations to relevant agencies and organizations.
2. Marine notices shall simultaneously be broadcast through coastal radio stations and other appropriate communication means.
Article 12. Classification of Marine Notices
Based on their purpose, marine notices are classified as follows:
1. Marine notices regarding maritime signal activities:
a) Marine notices concerning the establishment of new maritime signals: visual, radio, and sound signals, once established, must publish marine notices regarding their location, function, and operational characteristics according to the model specified in Appendix 3 of this Circular;
b) Marine notices concerning changes in the operational characteristics of maritime signals: when maritime signals have changed their operational characteristics from those previously announced, marine notices regarding such changes must be published according to the model specified in Appendix 4 of this Circular;
c) Marine notices concerning the temporary suspension of maritime signals: when maritime signals can no longer operate according to their previously announced characteristics, marine notices regarding the temporary suspension of these signals must be published according to the model specified in Appendix 5 of this Circular;
d) Marine notices concerning the resumption of maritime signals: after repairs to maritime signals are completed, marine notices regarding the resumption of these signals must be published according to the model specified in Appendix 6 of this Circular;
đ) Marine notices concerning the cessation of maritime signals: after maritime signals cease to be effective and are removed, marine notices regarding the cessation of these signals must be published according to the model specified in Appendix 7 of this Circular.
2. Marine notices regarding technical parameters of shipping channels, waters before port terminals, and areas of water:
a) Shipping channels, waters before port terminals, and areas of water, after construction, dredging maintenance, renovation, and upgrading, must be surveyed for depth to publish marine notices and periodically surveyed and published; in cases of new construction, renovation, and upgrading, bottom obstructions must be swept;
b) Every three (03) years, the Ministry of Transport publishes the List of Periodic Surveys of Public Shipping Channels, Areas of Water (excluding dedicated cargo transfer zones) based on proposals from the Vietnam Maritime Administration, which are based on recommendations from maritime safety assurance units;
c) Every three (03) years, the Vietnam Maritime Administration publishes the List of Periodic Surveys of Dedicated Shipping Channels, Waters Before Port Terminals, and Dedicated Cargo Transfer Zones based on proposals from local Harbor Marine Services;
d) Units responsible for maritime safety assurance are responsible for surveying the depths of public shipping channels, areas of water (excluding dedicated cargo transfer zones) to publish marine notices;
đ) The surveying of depths and sweeping of obstructions for dedicated shipping channels, waters before port terminals, and dedicated cargo transfer zones must be carried out by organizations with measurement and survey functions. Organizations and individuals managing and operating dedicated shipping channels, waters before port terminals, and dedicated cargo transfer zones bear responsibility for the accuracy of the measurement and survey data provided for publishing marine notices and must bear full responsibility for any losses related to the accuracy of such data;
e) The depth surveys and obstruction sweeps stipulated in points d and đ of this clause must be conducted strictly in accordance with the methods and technical procedures prescribed by the Ministry of Transport;
g) Marine notices prescribed in this clause must follow the models specified in Appendices 8 and 9 of this Circular.
3. Marine notices regarding newly discovered dangerous obstructions: when maritime accidents or incidents cause ship sinkings or when dangerous obstructions that threaten maritime safety are discovered, marine notices regarding these obstructions must be published according to the model specified in Appendix 10 of this Circular.
4. Marine notices regarding construction sites at sea or within shipping channels: areas where construction projects at sea or within shipping channels affect maritime operations must publish marine notices regarding these projects according to the model specified in Appendix 11 of this Circular.
5. Marine notices regarding underwater structures or structures crossing shipping channels:
a) Underwater structures passing through shipping channels must publish marine notices regarding their location, depth, and other safety conditions;
b) Structures crossing shipping channels must publish marine notices regarding the navigable clearance, air draft clearance, and other safety conditions.
Marine notices prescribed in this clause must follow the model specified in Appendix 12 of this Circular.
6. Marine notices regarding the division of maritime traffic lanes or restrictions on navigation, or the temporary suspension of shipping channel operations: in special circumstances requiring vessels to deviate from their routes, restrict navigation, or temporarily suspend shipping channel operations, marine notices regarding the division of maritime traffic lanes, restrictions on navigation, or the temporary suspension of shipping channel operations must be published according to the model specified in Appendix 13 of this Circular.
7. Marine notices regarding restricted or prohibited maritime activity zones: in cases where a sea area is used for military exercises, waste dumping, anchoring prohibition zones, search and rescue drills, oil spills or hazardous substance incidents, land reclamation, scientific research, fishing, aquaculture, recreation, tourism, sports, oceanographic data collection systems, or other civilian activities that may pose dangers to vessels navigating in the area, marine notices regarding these zones must be published according to the model specified in Appendix 14 of this Circular.
8. A maritime notice regarding retransmitted information, navigational guidance information related to maritime activities: information on security, weather conditions, hydrology, earthquakes, tsunamis, health, epidemics, search and rescue operations, and other specialized information relevant to the activities of people and vessels within the port waters and on Vietnam's territorial seas must be published in a maritime notice.
9. A maritime notice regarding the announcement of maritime routes and traffic separation schemes in Vietnam’s territorial sea: when implementing the announcement of maritime routes and traffic separation schemes in Vietnam’s territorial sea, a maritime notice must be published according to the model specified in Appendix 15 of this Circular.
Article 13. Content and requirements for maritime notices
1. The content of maritime notices must be clear, concise, easy to understand, and fully and accurately reflect the necessary information.
2. Requirements for maritime notices:
a) Positions in maritime notices shall be based on the VN-2000 coordinate system and the WGS-84 coordinate system, with accuracy to 1/10 second;
b) Depths in maritime notices shall be the depth of the shallowest point in the area to be notified, measured in meters from the "zero" chart datum, with accuracy to 1/10 meter;
c) Place names in maritime notices shall be taken from place names recorded on charts or in other published maritime documents. In cases where place names have not been recorded in these documents, the commonly used name of the locality shall be used;
d) The language used in maritime notices shall be Vietnamese;
đ) The effective date and expiration date of maritime notices (if applicable).
Article 14. Authority to publish maritime notices
1. Maritime safety assurance units shall implement the publication of maritime notices stipulated in Clauses 1, 2, 3, 4, and 5 of Article 12 of this Circular.
2. Port maritime authorities shall implement the publication of maritime notices stipulated in Clauses 6, 7, and 8 of Article 12 of this Circular within the scope of port waters and the areas under their management.
3. The Vietnam Maritime Administration shall implement the publication of maritime notices stipulated in Clause 9 of Article 12 of this Circular.
Article 15. Responsibilities of agencies and organizations
1. The Vietnam Maritime Administration shall manage the state administration of the publication of maritime notices.
2. Responsibilities of organizations authorized to publish maritime notices:
a) Publish complete, accurate, and timely necessary information;
b) Promptly correct and republish maritime notices when errors or changes in the content of the maritime notices are discovered.
3. Organizations providing data and information for the publication of maritime notices shall bear legal responsibility for the accuracy of the data and information they provide.
Article 16. Procedures for publishing maritime notices on the establishment of new maritime signals
The procedures for publishing maritime notices on the establishment of new maritime signals shall be implemented in accordance with Article 28 of Decree No. 21/2012/NĐ-CP dated March 21, 2012, of the Government on the management of ports and maritime channels.
Article 17. Procedures for publishing maritime notices on changes in characteristics, temporary suspension, restoration, and termination of maritime signal operations
1. The unit managing and operating maritime signals shall submit one set of application files for the publication of maritime notices directly or through the postal service or other appropriate means to the organization authorized to publish maritime notices as stipulated in Article 14 of this Circular. The file shall include:
a) An application form for the publication of maritime notices on the operation of maritime signals according to the model specified in Appendix 16 of this Circular;
b) A record confirming the status of maritime signals.
2. The procedure for receiving and processing the files is as follows:
Within the latest 24 hours from the time of receiving the file as prescribed, the organization authorized to publish maritime notices shall be responsible for publishing the maritime notice. If the conditions for publication are not met, it must respond in writing and specify the reasons.
Article 18. Procedure for Announcing Periodic Maritime Notices on Technical Parameters of Shipping Channels, Waters Before Piers, and Water Areas
1. For dedicated shipping channels, waters before piers, and dedicated cargo transfer areas that are announced periodically: the project investor or operator shall submit one set of application documents directly or through the postal system or other appropriate means to the organization authorized to announce maritime notices as stipulated in Article 14 of this Circular, including:
a) An application form of the project investor or operator according to the model prescribed in Appendix 16 of this Circular;
b) Survey result verification record;
c) Depth survey charts, survey reports, and related documents collected at the site.
2. The procedure for receiving and processing the files is as follows:
a) In case of direct submission, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled within the prescribed time limit; if the documents are incomplete according to regulations, they will be returned immediately with instructions for the project investor or operator to supplement and complete them.
b) In case of submission through the postal system or other appropriate means, if the documents are incomplete according to regulations, within two working days from the date of receiving the documents, the organization authorized to announce maritime notices shall issue a written request for the project investor or operator to supplement and complete the documents.
c) Within five working days from the date of receiving all required documents as stipulated in Clause 1 of this Article, the organization authorized to announce maritime notices shall be responsible for announcing the maritime notice. If the conditions for announcement are not met, a written response must be provided stating the reasons.
3. For maritime notices on technical parameters of public shipping channels, water areas (excluding dedicated cargo transfer areas) that are announced periodically, the organization authorized to announce maritime notices shall implement the announcement of the maritime notice after obtaining the acceptance report of the survey results, depth survey charts, survey reports, and related documents collected at the site.
Article 19. Procedure for First Announcement of Maritime Notices on Technical Parameters of Shipping Channels, Waters Before Piers, and Water Areas After Construction, Dredging, Maintenance, Improvement, and Upgrading
1. The project investor or operator shall submit one set of application documents directly or through the postal system or other appropriate means to the organization authorized to announce maritime notices as stipulated in Article 14 of this Circular, including:
a) An application form of the project investor or operator according to the model prescribed in Appendix 16 of this Circular;
b) A copy of the reply document from the competent authority regarding compliance with the port planning;
c) A copy of the approved technical design;
d) A copy of the completion drawings;
đ) The acceptance handover record of the completed works;
e) The acceptance record of the survey results and obstacle detection;
g) Depth survey charts, survey reports, and related documents collected at the site;
h) Survey route chart for obstacle detection.
2. The procedure for receiving and processing the files is as follows:
a) In case of direct submission, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled within the prescribed time limit; if the documents are incomplete according to regulations, they will be returned immediately with instructions for the project investor or operator to complete them.
b) In case of submission through the postal system or other appropriate means, if the documents are incomplete according to regulations, within two working days from the date of receiving the documents, the organization authorized to announce maritime notices shall issue a written request for the project investor to supplement and complete the documents;
c) Within five working days from the date of receiving all required documents as stipulated in Clause 1 of this Article, the organization authorized to announce maritime notices shall be responsible for announcing the maritime notice. If the conditions for announcement are not met, a written response must be provided stating the reasons.
Article 20. Procedures for Publishing Marine Notices on Construction Areas of Offshore Projects or Within Shipping Channels
1. The project investor or operator shall submit one set of application documents directly or through the postal system or other appropriate means to the organization authorized to announce maritime notices as stipulated in Article 14 of this Circular, including:
a) An application form of the project investor or operator according to the model prescribed in Appendix 16 of this Circular;
b) A copy of the technical design approved by the competent authority;
c) A copy of the document approving the construction activities issued by the competent authority;
d) A copy of the layout plan or construction site plan;
đ) A copy of the traffic safety assurance plan approved by the competent authority;
e) The main technical parameters of the construction vessels.
2. The procedure for receiving and processing the files is as follows:
a) In case of direct submission, if the application is complete, issue a receipt and schedule the result delivery within the prescribed time limit; if the application is incomplete, return it immediately and guide the project owner or operator to complete and supplement the application;
b) In case of submission through the postal system or other appropriate means, if the documents are incomplete according to regulations, within two working days from the date of receiving the documents, the organization authorized to announce maritime notices shall issue a written request for the project investor or operator to supplement and complete the documents.
c) Within five working days from the date of receiving all required documents as stipulated herein, the organization with authority to publish marine notices shall be responsible for publishing the marine notice. If the conditions for publication are not met, a written response must be provided with clear reasons stated.
Article 21. Procedures for Publishing Marine Notices on Submarine Structures or Structures Crossing Shipping Channels
1. The project investor or operator shall submit one set of application documents directly or through the postal system or other appropriate means to the organization authorized to announce maritime notices as stipulated in Article 14 of this Circular, including:
a) An application form of the project investor or operator according to the model prescribed in Appendix 16 of this Circular;
b) A copy of the technical design approved by the competent authority;
c) A copy of the completion drawing;
d) The acceptance record for the handover of the structure for use;
đ) The inspection record for the clearance of obstructions;
e) The main technical parameters of the structure.
2. The procedure for receiving and processing the files is as follows:
a) In case of direct submission, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled within the prescribed time limit; if the documents are incomplete according to regulations, they will be returned immediately with instructions for the project investor or operator to supplement and complete them.
b) In case of submission through the postal system or other appropriate means, if the documents are incomplete according to regulations, within two working days from the date of receiving the documents, the organization authorized to announce maritime notices shall issue a written request for the project investor or operator to supplement and complete the documents.
c) Within three working days from the date of receiving all required documents as stipulated, the organization with authority to publish marine notices shall be responsible for publishing the marine notice. If the conditions for publication are not met, a written response must be provided with clear reasons stated.
Article 22. Procedures for Publishing Marine Notices on Restricted or Prohibited Sea Areas for Maritime Activities
1. The project investor or operator shall submit one set of application documents directly or through the postal system or other appropriate means to the organization authorized to announce maritime notices as stipulated in Article 14 of this Circular, including:
a) An application form of the project investor or operator according to the model prescribed in Appendix 16 of this Circular;
b) A chart or nautical map showing the restricted or prohibited sea areas for maritime activities;
c) A copy of the approval document of the competent authority as prescribed by law (if applicable);
d) Necessary documents and information related to the restricted or prohibited sea areas for maritime activities (if applicable).
2. The procedure for receiving and processing the files is as follows:
a) In case of direct submission, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled within the prescribed time limit; if the documents are incomplete according to regulations, they will be returned immediately with instructions for the project investor or operator to supplement and complete them.
b) In case of submission through the postal system or other appropriate means, if the documents are incomplete according to regulations, within two working days from the date of receiving the documents, the organization authorized to announce maritime notices shall issue a written request for the project investor or operator to supplement and complete the documents.
c) Within three working days from the date of receiving all required documents as stipulated, the organization with authority to publish marine notices shall be responsible for publishing the marine notice. If the conditions for publication are not met, a written response must be provided with clear reasons stated.
Article 23. Publishing Marine Notices on Newly Discovered Dangerous Obstructions
Upon receiving information about maritime accidents or incidents causing ship sinking or upon discovering dangerous obstructions affecting maritime safety, the organization with authority to publish marine notices shall be responsible for inspecting, surveying, and publishing the marine notice on newly discovered dangerous obstructions.
Article 24. Publishing Marine Notices on Vessel Traffic Separation Schemes or Restrictions on Navigation, Temporary Suspension of Operations in Shipping Channels
Upon receiving the Decision on Vessel Traffic Separation Schemes or Restrictions on Navigation, Temporary Suspension of Operations in Shipping Channels in the area, the organization with authority to publish marine notices shall be responsible for publishing the marine notice.
Article 25. Publishing Marine Notices on Re-transmitted Information and Navigational Warnings Related to Maritime Activities
Upon receiving information on security, meteorological, hydrological, earthquake, tsunami, health, epidemic, search and rescue, and other specialized information relevant to the activities of people and vessels in port waters and on Vietnam's territorial seas, the Port Maritime Authorities shall be responsible for publishing the marine notice on such information.
Article 26. Announcing Maritime Notices on the Declaration of Maritime Routes and Traffic Separation Schemes in Vietnam's Territorial Sea
Upon making a decision or receiving a Decision regarding the declaration of maritime routes and traffic separation schemes in Vietnam's territorial sea, the competent organization responsible for announcing maritime notices shall be responsible for announcing such maritime notices.
Article 27. Transmission of Maritime Notices
1. After being announced, maritime notices must be immediately sent to the Vietnam Maritime Administration, relevant Port Maritime Services, related Pilotage Organizations, the Vietnam Limited Liability Joint Stock Company of Marine Electronic Information, and other relevant organizations and individuals through written means or appropriate electronic methods.
2. The Vietnam Limited Liability Joint Stock Company of Marine Electronic Information shall be responsible for transmitting maritime notices in both Vietnamese and English via the system of Vietnam Coastal Radio Stations using suitable communication methods. The transmission of maritime notices shall follow the model prescribed in Appendix 17 of this Circular.
3. The number of transmissions of maritime notices shall be carried out according to the following provisions:
a) Maritime notices stipulated in Clauses 1, 2, 4, 5, and 9 of Article 12 of this Circular shall be broadcast at least twice a day and continuously for three consecutive days.
b) Maritime notices stipulated in Clauses 3, 6, 7, and 8 of Article 12 of this Circular shall be broadcast continuously four times a day until a new maritime notice replaces it.
c) Based on actual circumstances, the Vietnam Maritime Administration shall consider increasing, decreasing the frequency, or ceasing the transmission of maritime notices stipulated in point b of this clause upon the proposal of the Vietnam Limited Liability Joint Stock Company of Marine Electronic Information.
4. The competent organizations responsible for announcing maritime notices and the Vietnam Limited Liability Joint Stock Company of Marine Electronic Information shall be responsible for posting the full text of maritime notices on their respective electronic information websites.
5. The costs for announcing and transmitting maritime notices shall be funded from the annual operational budget of the agencies and units.
Article 28. Provision of Information for Maritime Notices
1. Organizations and individuals specified in Article 2 of this Circular have the right to request the provision of maritime notices.
2. Organizations and individuals operating within port waters, shipping channels, and Vietnam's territorial sea shall have the obligation to promptly and accurately provide the competent organizations responsible for announcing maritime notices with the following information if discovered:
a) Deviations in the position or operational characteristics of maritime aids to navigation compared to the content of already announced maritime notices;
b) Newly discovered obstructions not yet announced in maritime notices or marked on nautical charts;
c) Other information related to maritime safety.
3. Competent organizations responsible for announcing maritime notices shall be responsible for receiving and verifying the data and information stipulated in Clause 2 of this Article to announce maritime notices as prescribed.
Chapter IV
IMPLEMENTING PROVISIONS
Article 29. Effective Date
1. This Circular takes effect from June 1, 2015, and revokes Circular No. 54/2011/TT-BGTVT dated November 8, 2011, issued by the Minister of Transport concerning maritime aids to navigation and maritime notices.
2. This Circular is accompanied by 17 Appendices.
Article 30. Implementation
The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, General Directors of Marine Safety Assurance Corporations, Directors of Port Maritime Services, General Director of the Vietnam Limited Liability Joint Stock Company of Marine Electronic Information, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.
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