Circular No. 07/2019/TT-BGTVT amending and supplementing certain articles of Circular No. 52/2017/TT-BGTVT on the maintenance of maritime works issued on December 29, 2017 by the Minister of Transport.

CIRCULAR

Amending and supplementing certain articles of Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on the maintenance of maritime works

Pursuant to the Vietnam Maritime Code 2015;

Decree No. 43/2018/NĐ-CP dated March 12, 2018 of the Government on the management, use, and exploitation of maritime infrastructure assets;

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At the proposal of the Director of the Department of Transport Infrastructure and the Director General of the Vietnam Maritime Administration;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

1. Amending Clause 2 Article 2 as follows:

WHEREAS, Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

Decree No. The Minister of Transport hereby promulgates this Circular amending and supplementing certain articles of Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on the maintenance of maritime works,

Article 1. Amending and supplementing certain articles of Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on the maintenance of maritime works

1. Clause 1, Article 2 shall be amended as follows:

"1. Maritime works include: Ports; wharves; mooring buoys; anchorage areas, transfer areas, storm shelters; coastal radio stations; shipbuilding and repair facilities: shipbuilding jetties, ship repair basins and other ship lifting facilities (ramps, piers, ship lift platforms); shipping channels; lighthouses and lighthouse stations; buoys, beacons, buoy management stations; offshore structures (breakwater islands, floating multi-purpose ports); maritime traffic surveillance and control systems (VTS); wave barriers; sand barriers; flow direction revetments; shore protection revetments; oil drilling platforms and research facilities (observation stations, observation wells)."

"Article 6a. Forms of maintenance for maritime works invested in and managed by the State
1. The forms of maintenance for maritime works invested in and managed by the State include: Quality-based maintenance; Actual volume-based maintenance; Maintenance combined with product recovery.

d) Do not select individuals or organizations whose legal representatives have been convicted by a final and binding judgment for crimes related to joint ventures and cooperations activities, or discovered providing inaccurate or false information about criteria in the registration file at the time of selecting partners for joint ventures and cooperations.
2. The authority to decide on the application of forms of maintenance for maritime works invested in and managed by the State is divided as follows:
a) The Ministry of Transport decides on the application of maintenance forms for maritime works except those specified in Point b of this Clause.
b) The Vietnam Maritime Administration decides on the application of maintenance forms for: Wave barrier systems, sand barrier systems, flow direction revetments, shore protection revetments; Maritime traffic surveillance and control system (VTS).
3. The owner or manager, operator, user of maritime works shall be responsible for supervising and inspecting the maintenance work of maritime works according to the laws on construction project management and related laws."
3. Supplementing Article 6b after Article 6a as follows:

"Article 6b. Maintenance regime for State-invested and managed maritime infrastructure assetsThe maintenance regime for State-invested and managed maritime infrastructure assets shall be carried out in accordance with this Circular."
4. Amending Point e, Clause 1, Article 6 as follows:

"e) Equipment installation history in maritime works accompanied by user and operation manuals provided by the manufacturer."
5. Amending Clause 3, Article 6 as follows:

"3. The investor, owner, or manager, operator, user shall be responsible for compiling a file list, storing files and documents serving maintenance work, and promptly updating changes to maritime works."
6. Amending Clause 2, Article 9 as follows:

"2. Determination of actual costs for implementing the maintenance of maritime works according to Circular No. 03/2017/TT-BXD dated March 16, 2017 of the Ministry of Construction on determining the cost of maintaining construction works and current laws, including preparation costs; implementation costs; construction costs and adjustment of economic-technical norms serving the maintenance of maritime works."
1. This Circular takes effect from April 1, 2019

Article 2. Implementation clause

2. The Heads of the Office, Inspectorate, Department Directors, Director General of the Vietnam Maritime Administration, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.

The Director of the Office, the Inspector General, the Heads of Departments, the Director of the Vietnam Maritime Administration, and the Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Circular./.