Circular No. 14/2016/TT-BGTVT guides the weighing and confirming the total weight of international maritime container transport, stipulates the applicable subjects, methods, and responsibilities of related parties.
Đối tượng áp dụng
Vietnamese organizations and individuals and foreign organizations and individuals related to the weighing and confirming the total weight of international maritime container transport
Các điểm cốt lõi
- All international maritime containers must be weighed and confirmed for their total weight (Article 4).
- The consignor uses one of two methods to confirm the total weight of the container: weighing the fully loaded container or weighing each cargo lot and adding the container's tare weight (Article 4.2).
- Confirmation of the total weight of the container shall be carried out according to the form prescribed in the Appendix attached hereto, sent to the shipmaster or his representative, port enterprise, either electronically or on paper (Article 5).
- Containers may only be loaded onto ships after meeting the conditions for confirming the total weight of the container and not exceeding the allowable total weight of the container (Article 6).
- The consignor must provide confirmation of the total weight of the container to the port enterprise, shipmaster or his representative, and retain this confirmation (Article 9.2).
🌐 Tác động xã hội từ văn bản này
- Enhance maritime safety through accurate control of container weights.
- Cause difficulties for maritime transport enterprises in managing and coordinating containers.
- Require close cooperation between the consignor, port enterprise, and shipmaster.
❓ Câu hỏi thường gặp
Must international maritime containers be weighed and confirmed for their total weight?
Must be weighed and confirmed in accordance with Article 4 of this Circular.
What method does the consignor use to confirm the total weight of the container?
Use one of two methods: weigh the fully loaded container or weigh each cargo lot and add the container's tare weight (Article 4.2).
What responsibility does the consignor have when providing confirmation of the total weight of the container?
Responsible for the accuracy of the confirmation and must retain this confirmation (Article 9.2).
When can containers be loaded onto ships?
After meeting the conditions for confirming the total weight of the container and not exceeding the allowable total weight of the container (Article 6).
To whom is the information on confirmation of the total weight of the container sent?
Sent to the shipmaster or his representative, port enterprise, either electronically or on paper (Article 5).
Toàn văn
CIRCULAR
Guidelines for the verification of the total weight of containers
in international maritime transport
_____________________
Pursuant to the Maritime Code of Vietnam dated June 14, 2005;
Pursuant to Regulation VI/2 of the International Convention on Safety of Life at Sea 1974, as amended by Resolution MSC.380 (94);
Pursuant to Circular MSC.1/Circ.1475 of the International Maritime Organization concerning guidelines for the total weight of containers carrying cargo;
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;
At the proposal of the Director of the Department of Science and Technology and the Director of the Vietnam Maritime Administration,
The Minister of Transport issues this Circular guiding the verification of the total weight of containers in international maritime transport.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the verification of the total weight of containers in international maritime transport.
Article 2. Applicability
This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the verification of the total weight of containers in international maritime transport.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. The consignor is an organization or individual owning the goods or authorizing a legitimate organization or individual to be named on the bill of lading or transport document or to conclude a multimodal transport contract.
2. The total weight of a container includes the weight of the cargo, the weight of dunnage, packing materials, securing materials, and the weight of the container shell.
3. Verification of the total weight of a container is a document recording the total weight of a container in international maritime transport provided by the consignor.
4. The weighing unit is an organization or individual with equipment for determining the total weight of a container that has been calibrated according to the legal provisions on measurement. The weighing unit may be the consignor or an organization or individual providing the service.
Chapter II
VERIFICATION OF THE TOTAL WEIGHT OF CONTAINERS
Article 4. Verification of the total weight of containers
1. All containers in international maritime transport must be verified for their total weight.
2. Depending on the type of cargo, the consignor uses one of the two methods to verify the total weight of the container:
a) Weighing the fully loaded container;
b) Weighing each cargo load within the container, adding the weights of other components inside the container, and adding the weight of the container shell.
3. The cost of verifying the total weight of the container is agreed upon by the parties involved.
Article 5. Verification of the total weight of containers
1. Verification of the total weight of containers is carried out according to the form prescribed in the Appendix attached to this Circular.
2. Verification of the total weight of containers is sent to the ship's captain or his representative and the port company through electronic data or paper copies in either of the following ways:
a) The consignor sends it to the ship's captain or his representative, who then forwards it to the port company;
b) The consignor sends it simultaneously to the ship's captain or his representative and the port company.
Article 6. Conditions for loading containers onto ships
Containers can only be loaded onto ships after meeting the following conditions:
1. The ship's captain or his representative and the port company have received the verification of the total weight of the container as stipulated in Article 5 of this Circular.
2. The total weight of the container does not exceed the maximum allowable total weight specified on the Container Safety Certificate.
Chapter III
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
Article 7. Responsibilities of the Vietnam Maritime Administration
1. Take the lead and coordinate with relevant agencies to organize the implementation of the provisions of this Circular.
2. Direct maritime port inspection units to organize inspections and supervision of the confirmation of the total weight of international sea container shipments.
3. Promote, disseminate, and guide the contents of the provisions of this Circular to shippers, shipping companies, and port enterprises.
Article 8. Responsibilities of port enterprises
1. Implement the provisions of this Circular and related laws concerning the control of vessel loading weights.
2. Publicly notify shippers, shipping lines, and other relevant parties about the implementation of the confirmation of the total weight of containers.
3. Agree with the master or the representative of the master on the use of the information confirming the total weight of containers provided by the shipper or the representative of the shipper.
Article 9. Responsibilities of shippers
1. Implement the provisions of this Circular and related laws concerning the confirmation of the total weight of containers.
2. Provide the confirmation of the total weight of containers as stipulated in Article 5 of this Circular to port enterprises, masters, or representatives of port enterprises and masters.
3. Be responsible for the accuracy of the confirmation of the total weight of containers and must retain the confirmation of the total weight of containers.
Article 10. Responsibilities of weighing units
1. Must conduct calibration of weighing equipment in accordance with regulations.
2. Be responsible for the results of determining the total weight of containers through weighing.
Chapter IV
ORGANIZATION AND IMPLEMENTATION
Article 11. Effective Date
In the course of implementation, if any difficulties arise, please promptly report to the Ministry of Finance for further study and supplementary guidance./.
Article 12. Implementation Organization
The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Directors of maritime port inspection units, Heads of relevant agencies, units, and organizations and individuals involved are responsible for implementing this Circular./.
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