Circular No. 14/2017/TT-BGTVT guiding certain provisions of the Government's Decree No. 70/2016/NĐ-CP dated July 1, 2016 on conditions for providing maritime safety services

CIRCULAR

Guidelines for certain provisions of Decree No. 70/2016/NĐ-CPdated July 1, 2016 of

the Government on conditions for providing maritime safety assurance services

Pursuant to the Vietnam Maritime Code on November 25, 2015;

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;

Pursuant to Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for providing maritime safety services;

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 provide guidelines for certain provisions of Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for providing maritime safety assurance services.

Article 1. Scope of Regulation

This Circular specifies in detail the requirements for wharves, production workshops, channel management stations, traffic control stations, vessels, equipment, and the minimum number of pilots of enterprises providing maritime safety assurance services as stipulated in Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for providing maritime safety assurance services.

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the provision of maritime safety assurance services in Vietnam.

Article 3. Detailed regulations concerning wharves, production workshops, equipment, and specialized vessels of enterprises providing services for establishing, operating, maintaining, and repairing maritime signals, water areas, sea zones, public maritime channels, and shipping routes.

1. Wharves must have sufficient capacity to ensure safe entry and exit for specialized vessels as provided for in Clause 3 of this Article. The storage area behind the wharf must have a minimum area to ensure warehousing of goods loaded and unloaded at the wharf and to serve the establishment, operation, maintenance, and repair of maritime signals.

2. Production workshops and maintenance facilities for maritime signals must have a total minimum area of 600 square meters. Minimum equipment for maintaining maritime signals as specified in Appendix 1 attached to this Circular.²The minimum equipment for serving the maintenance of marine navigation signals as prescribed in Appendix 1 attached hereto.

3. Specialized vessels must have a structure and operational area suitable to serve the work of establishing, operating, maintaining, repairing, and continuously monitoring the maritime signal system, and be equipped with cranes or lifting devices to ensure the movement and lifting of maritime signals, means of transport, materials, machinery, and goods.

Article 4. Detailed regulations concerning wharves, production workshops, and specialized vessels of enterprises providing services for establishing, operating, maintaining, and repairing maritime signals, water areas, sea zones, and specialized maritime channels.

1. Wharves, production workshops, and specialized vessels (or contracts for leasing specialized vessels) of enterprises providing services for establishing, operating, maintaining, and repairing maritime signals, water areas, sea zones, and specialized maritime channels as stipulated in Article 3 of this Circular.

2. For specialized maritime channels that are not more than five nautical miles long and have no more than ten maritime signals, enterprises providing services must meet the following requirements:

a) Have a wharf or a contract for leasing a wharf with sufficient capacity to ensure safe entry and exit for specialized vessels as provided for in point c of Clause 2 of this Article;

b) Have a production workshop or a contract for leasing a production workshop and maintenance facility for maritime signals with a total minimum area of 200 square meters;²;

c) Have specialized vessels (or a contract for leasing specialized vessels) with an operational area suitable to serve the work of establishing, operating, maintaining, repairing, and continuously monitoring the maritime signal system.

Article 5. Detailed provisions for specialized vessels and surveying equipment of enterprises providing survey services in water areas, maritime zones, public shipping channels, and maritime routes for the issuance of Maritime Notices.

1. Specialized vessels must have capabilities and operational areas suitable for the survey area.

2. They must be equipped with complete surveying and measurement equipment in accordance with the provisions set out in Appendix 2 attached to this Circular.

Article 6. Detailed provisions for specialized vessels and surveying equipment of enterprises providing survey services in water areas, maritime zones, and specialized shipping channels for the issuance of Maritime Notices.

Specialized vessels and surveying equipment of enterprises providing survey services in water areas, maritime zones, and specialized shipping channels for the issuance of Maritime Notices shall comply with the provisions stipulated in Article 5 of this Circular.

Article 7. Detailed provisions for specialized traffic control stations and boats of enterprises providing traffic control services to ensure maritime safety in water areas, maritime zones, and public shipping channels.

1. Specialized traffic control stations must be designed to ensure working and living conditions for the traffic control staff and be suitable for the operational area. The minimum equipment of specialized traffic control stations is specified in Appendix 3 attached to this Circular.

2. Boats used for traffic control must meet technical safety requirements and have suitable operational areas.

Article 8. Detailed provisions for specialized traffic control stations and boats of enterprises providing traffic control services to ensure maritime safety in water areas, maritime zones, and specialized shipping channels.

Specialized traffic control stations and boats providing traffic control services to ensure maritime safety in water areas, maritime zones, and specialized shipping channels shall comply with the provisions stipulated in Article 7 of this Circular.

Article 9. Detailed provisions for specialized survey vessels and surveying and mapping equipment of enterprises providing survey, construction, and issuance of nautical charts for port waters, shipping channels, and maritime routes; construction and issuance of maritime safety literature and publications.

1. Specialized survey vessels as prescribed in Clause 1 of Article 5 of this Circular.

2. Surveying equipment as prescribed in Appendix 2 attached to this Circular and must include software for editing and publishing paper and electronic nautical charts.

Article 10. Detailed provisions on the minimum number of pilots of various categories and pilot transfer vehicles of enterprises providing marine pilotage services.

1. The minimum number of pilots of various categories is calculated based on the pilotage route, the number of ships, and the tonnage of ships operating on the route over the past three years; the maximum number of working days per year for workers as stipulated by law. The minimum number of pilots on each route must ensure sufficient service needs for 24/7 ship pilotage every day of the week and at least 10% reserve of the total number of pilots.

2. The minimum number of pilot transfer vehicles is calculated based on the distance from the pilot pick-up point to the pilot drop-off point, the time required for pilot transfer, the operational area, and the annual number of ships piloted. Pilot transfer vehicles must be suitable for the meteorological and hydrological conditions of the area.

3. The Vietnam Maritime Administration, based on the provisions of Clauses 1 and 2 of this Article, shall announce the minimum number of pilots of various categories for each pilotage route and the minimum number of pilot transfer vehicles for enterprises providing marine pilotage services.

Article 11. Effective Date

1. This Circular takes effect from July 1, 2017.

2. Three Appendices are attached to this Circular.

Article 12. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.

Respectfully submitted to: The State Bank of Vietnam Branch in the Region ...

(Issued together with Circular No. /2017/TT-BGTVT

dated month day 2017 of the Minister of Transport)

MINIMUM EQUIPMENT FOR MAINTENANCE AND SIGNALING

DIRECTOR OF THE STATE BANK OF VIETNAM

(Issued together with Circular No. /2017/TT-BGTVT

dated month day 2017 of the Minister of Transport)

SURVEYING AND MEASUREMENT EQUIPMENT

Tel:

(Issued together with Circular No. /2017/TT-BGTVT

dated month day 2017 of the Minister of Transport)

MINIMUM EQUIPMENT FOR THE OBSERVATION STATION

* The power of the equipment specified in this Appendix is the minimum power