Joint Circular No. 12/2005/TTLT/BTM-BTNMT-BGTVT guiding safety conditions for the marine environment in the operation of supplying fuel to ships

CIRCULAR

Guidelines for Marine Environmental Safety Conditions

for Supplying Oil to Seagoing Ships

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On the basis of the Environmental Protection Law dated December 27, 1993;

Pursuant to the Vietnam Maritime Code dated June 30, 1990;

Pursuant to Decree No. 160/2003/NĐ-CP dated December 18, 2003 of the Government on managing maritime activities at seaports and maritime zones of Vietnam;

Pursuant to Decision No. 187/2003/QĐ-TTg dated September 15, 2003 of the Prime Minister on issuing the Regulations on Managing Petroleum Business;
The Ministries of Trade, Natural Resources and Environment, and Transport hereby issue guidelines on the conditions for marine environmental safety concerning supplying oil to seagoing ships as follows:

I. GENERAL PROVISIONS

Article 1. These joint Circulars guide the conditions for marine environmental safety concerning supplying oil to seagoing ships and apply to enterprises supplying oil to seagoing ships and specialized vessels supplying oil.

2. Explanation of terms

1. Sources of funding for school health work include:

a. Oil includes petroleum products used as fuel and lubricating oils used on seagoing ships.

b. An oil supply ship is a specialized vessel carrying oil to supply oil to seagoing ships.

c. An enterprise supplying oil to seagoing ships is an organization or individual from all economic sectors registered in the service of supplying seagoing ships by the competent authority.

d. Supplying oil to seagoing ships is the activity of providing oil from oil supply ships to seagoing ships.

đ. An oil spill incident is the phenomenon of oil spilling into the sea, river, lagoon, or bay caused by oil supply activities, leading to marine environmental pollution.

Chapter II. CONDITIONS FOR ENTERPRISES TO SUPPLY OIL TO SEAGOING SHIPS

1. For enterprises supplying oil to seagoing ships:

a. To arrange sufficient manpower, equipment, specialized technical devices, and have appropriate operating procedures ready to prevent fires, explosions, and address oil spills, protecting the environment according to Vietnamese laws and related international treaties that Vietnam has signed or joined. Personnel involved in oil supply must be proficiently trained in fire and explosion prevention.

b. To develop plans and measures to respond to oil spills, invest in necessary equipment, and organize forces to promptly and effectively prevent and respond to oil spills according to the provisions of the local authority at Decision No. 129/2001/QĐ-TTg dated August 29, 2001 of the Prime Minister.

c. To establish regulations for inspecting, using, and operating oil supply vessels and ensuring safety requirements during oil supply activities.

d. To maintain close communication with firefighting authorities, Departments of Natural Resources and Environment, and Marine Port Authorities in the area to be prepared for cooperation in responding to oil spills and preventing fires and explosions.

đ. In case of an oil spill, the oil-supplying enterprise must mobilize all resources promptly, actively organize responses and remediation of the oil spill, limit environmental pollution, and report the situation and development of the oil spill to the Department of Natural Resources and Environment and Marine Port Authority in a timely manner. At the same time, they must bear responsibility for compensating losses caused by the oil spill according to the law.

2. For oil supply ships:

a. Marine equipment and pollution prevention equipment must be inspected by the Vietnamese Inspection Bureau or foreign inspection organizations authorized by the competent authority to issue certificates of technical safety according to Vietnamese laws.

b. To have insurance for the civil liability of the ship owner.

c. Fire and explosion prevention equipment and measures to respond to oil spills, according to the law and relevant international treaties.

d. The ship captain must develop plans and measures to respond to oil spills, regularly organize training and drills to improve skills in responding to oil spills, and supervise compliance with fire and explosion prevention regulations.

đ. Crew members working on oil supply ships must have special training certificates issued by the competent authority.

e. To maintain clear and complete logbook records.

3. When receiving oil, the oil-supplying enterprise and oil supply ships must:

a. Prepare firefighting equipment, explosion prevention equipment, measures to respond to oil spills, and pollution prevention equipment.

b. Close the side doors on the side where the oil supply ship is located.

c. Adhere to technical safety procedures and rules when receiving oil.

d. Arrange personnel to stand guard at the oil reception point.

đ. Not allow other ships or watercraft to dock alongside the oil supply ship and not pump oil through pipes, hoses, or connectors that do not meet technical standards.

In addition to the above regulations, when operating, oil supply ships must comply fully with Vietnamese laws and relevant international treaties.

Chapter III. INSPECTION, SUPERVISION AND HANDLING OF VIOLATIONS

1. The Marine Port Authority shall take the lead in coordinating with the Departments of Natural Resources and Environment and Trade to inspect and supervise the implementation of these joint Circulars regarding the supply of oil to seagoing ships according to their respective specialties.

2. Any organization or individual violating this Circular will be subject to legal penalties according to the current law based on the severity of the violation.

3. These joint Circulars shall take effect fifteen days after publication in the Official Gazette.