Joint Circular No. 10/1998/TTLT/BGTVT-BQP-BNV guides the implementation of certain points of Government Decree No. 40/CP on ensuring traffic order and safety for inland waterways concerning military forces.

JOINT CIRCULAR

Guidelines for implementing certain points of Decree 40/CP of the Government on ensuring traffic order and safety for inland waterways concerning armed forces
To strictly implement Decree 40/CP dated July 5, 1996 of the Government on ensuring traffic order and safety for inland waterways, the Ministry of Transport, the Ministry of National Defense, and the Ministry of Home Affairs jointly issue guidelines for implementing certain points regarding registration, management, and technical inspection of inland waterway vessels belonging to the armed forces as follows:

I- REGISTRATION, MANAGEMENT AND TECHNICAL INSPECTION OF INLAND WATERWAY VESSELS BELONGING TO THE ARMED FORCES

All inland waterway vessels under the Ministry of National Defense and the Ministry of Home Affairs (referred to as vessels of the armed forces) must be registered, managed, and subject to technical safety inspections in accordance with regulations when participating in inland waterway traffic.

A- REGARDING VESSELS USED FOR SECURITY AND NATIONAL DEFENSE TASKS

1- The registration, management, and technical inspection of vessels used for military tasks shall be regulated by the Ministry of National Defense; vessels of the public security force used for security and order tasks shall be regulated by the Ministry of Home Affairs.

After registration, these vessels must mark their license plates according to regulations and when participating in traffic, they must have the following types of documents:

- Certificate of Registration;

- Permit to Circulate;

- Technical Inspection Number;

- Crew Directory Number;

- Vessel History;

- Voyage Log, Engine Log;

- Order to Use Vessel.

2- The Vietnam Vehicle Inspection Agency shall conduct technical inspections of vessels used for security and national defense tasks upon request from the Department of Transportation - Ministry of National Defense or the Department of Waterway Traffic Police - Ministry of Home Affairs.

B- REGARDING VESSELS OF ENTERPRISES UNDER THE ARMED FORCES

1- Inland waterway vessels of enterprises under the armed forces must be registered with license plates, managed, and subject to technical inspections in accordance with regulations of the Ministry of Transport.

License plates of vessels under the Ministry of National Defense will include two uppercase letters "QP"; those of vessels under the Ministry of Home Affairs will include two uppercase letters "CA" after the alphanumeric registration sequence.

2- The Department of Transportation - Ministry of National Defense and the Department of Waterway Traffic Police - Ministry of Home Affairs are responsible for notifying the Vietnam River Transport Administration of lists of vessels of enterprises under the armed forces and coordinating to transfer files to the registration and management agencies of the Departments of Transport and Public Works where the units are headquartered to complete registration and management procedures as prescribed.

After registering vessels of enterprises under the armed forces, the Departments of Transport and Public Works are responsible for notifying the Vietnam River Transport Administration, the Department of Transportation - Ministry of National Defense, and the Department of Waterway Traffic Police - Ministry of Home Affairs for coordinated management.

C- MANAGEMENT, USE, AND CHANGE OF PURPOSE OF USE OF VESSELS OF THE ARMED FORCES

1- Vessels of the armed forces may only be used for the purposes and functions registered, except in cases of emergency concerning national defense and security as ordered by the Commander of Military Region, Corps, Service, Branch, Provincial Public Security Director, or higher authority.

2- When performing combat, support, patrol, or inspection duties, or being mobilized for urgent national defense and security tasks, vessels of the armed forces may carry military insignia, public security insignia, and other priority signals as prescribed.

3- In cases where vessels of enterprises under the armed forces are transferred to perform security and national defense tasks or vice versa, based on decisions by competent authorities, the registration and management agencies of the Ministry of Transport, Ministry of National Defense, and Ministry of Home Affairs must notify each other in writing and process file transfers accordingly.

4- Annually, the Department of Transportation - Ministry of National Defense, the Department of Waterway Traffic Police - Ministry of Home Affairs, and the Vietnam River Transport Administration - Ministry of Transport will coordinate to inspect and evaluate the current status of registration and management of vessels of enterprises under the armed forces at units and localities to ensure inland waterway traffic safety.

II- CREW ON INLAND WATERWAY VESSELS OF THE ARMED FORCES

1- The crew composition and positions on vessels used for security and national defense tasks shall be regulated by the Ministry of Home Affairs and the Ministry of National Defense. The crew directory includes military personnel, defense industry workers, or public security officers.

2- The crew composition and positions on vessels of enterprises under the armed forces shall be regulated by the Ministry of Transport. The crew directory includes military personnel, defense industry workers, or public security officers. In special cases, non-affiliated technical crew members may be employed through labor contracts in accordance with current laws.

3- Annually, the Ministry of National Defense and the Ministry of Home Affairs will notify training requirements for their sectors and coordinate with the Ministry of Transport to establish training plans and allocate quotas at inland navigation and maritime schools under the Ministry of Transport for the Ministry of National Defense and the Ministry of Home Affairs.

Military personnel, defense industry workers, or public security officers trained at inland navigation and maritime schools of the military and public security forces according to programs of the Ministry of National Defense and the Ministry of Home Affairs, which are compatible with the training programs of the Ministry of Transport, are eligible to take exams for certificates issued by the Ministry of Transport.

Certificates issued by the Ministry of Transport to military personnel, defense industry workers, or public security officers can be considered for appointment to crew positions on vessels of the armed forces.

III- HARBOURS AND WHARVES OF INLAND WATERWAYS BELONGING TO THE ARMED FORCES

1- Management and operation of harbors and wharves of inland waterways belonging to the armed forces engaged in security and national defense tasks shall be regulated by the Ministry of Home Affairs and the Ministry of National Defense.

2- Military ports and inland waterway wharfs shall comply with the regulations of the Ministry of National Defense or the Ministry of Public Security, in addition to implementing the regulations of the Ministry of Transport on port and inland waterway wharf management and operation.

The Vietnam Inland Waterways Administration is responsible for guiding the installation of signaling systems to define the scope of waters of military ports and inland waterway wharfs.

3- When mooring at civilian ports or inland waterway wharfs, military watercraft must strictly comply with the regulations on port and inland waterway wharf management and operation stipulated by the Ministry of Transport (except in urgent cases concerning security and defense as ordered by competent authorities as provided in Point 1, Section C, Part I of this Circular).

IV- INSPECTION AND HANDLING OF VIOLATIONS

1- Military watercraft operating on inland waterways must strictly comply with the provisions of Government Decree No. 40/CP on ensuring traffic order and safety on inland waterways. All violations of traffic order and safety on inland waterways must be promptly detected and handled according to the law.

2- The inland waterway traffic police force has the authority to inspect and handle, within their jurisdiction, military watercraft violating Government Decree No. 40/CP dated July 5, 1996 on ensuring traffic order and safety on inland waterways, and violating Government Decree No. 24/CP dated April 18, 1996 on handling administrative violations in the field of national defense, as well as other relevant legal provisions.

3- The military vessel inspection force and the military consignment control force have the authority to inspect and supervise compliance with safety regulations and military orders for crew members on military vessels, and handle them according to military orders. For vessels falsely claiming to be military vessels, they shall be handled according to the provisions of Government Decree No. 24/CP dated April 18, 1996. If the authority exceeds their jurisdiction, they must report to the Ministry of National Defense for coordination with relevant agencies to resolve the issue.

4- The inland waterway traffic inspectors have the authority to inspect and handle, within their jurisdiction, military watercraft and military ports and inland waterway wharfs violating regulations on ensuring traffic order and safety as stipulated in the Traffic Works Protection Ordinance, Government Decree No. 40/CP dated July 5, 1996, and Government Decree No. 80/CP dated December 5, 1996. Military watercraft and military ports and inland waterway wharfs must strictly comply with the decisions on handling violations issued by the inland waterway traffic inspectors.

5- The inland waterway traffic police force, military vessel inspection force, and military consignment control force shall develop regular or ad hoc plans to coordinate inspections for ensuring traffic order and safety for military watercraft and ports and inland waterway wharfs; they shall inform each other about violations of traffic order and safety involving military watercraft and ports and inland waterway wharfs to facilitate coordinated resolution.

V- IMPLEMENTATION

The Vietnam Inland Waterways Administration under the Ministry of Transport, the Transportation Department under the Ministry of National Defense, and the Inland Waterway Traffic Police Force under the Ministry of Public Security are responsible for assisting the leadership of their respective ministries in organizing and directing strict implementation of this Circular. Any issues arising during implementation must be promptly reported to the relevant ministries for unified resolution.

This Circular takes effect thirty days from the date of signature./.