Circular No. 15/2012/TT-BGTVT on the provision and use of life jackets and personal floating devices on inland waterway passenger vessels crossing rivers.

CIRCULAR

Regulations on the provision and use of life jackets and individual floating survival equipment on inland waterway passenger vessels crossing rivers

individual on a cross-river passenger transport vehicle

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Department of Traffic Safety,

The Minister of Transport issues this Circular regulating the provision and use of life jackets and individual floating survival equipment on inland waterway passenger vessels crossing rivers.

Article 1. Scope of Regulation

This Circular regulates the provision and use of life jackets and individual floating survival equipment on inland waterway passenger vessels crossing rivers.

Article 2. Applicability

This Circular applies to organizations and individuals related to the operation of inland waterway passenger vessels crossing rivers.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Life jacket (hereinafter referred to as "life jacket") is a type of garment manufactured for wearing, with the function of keeping a person afloat on the water surface.

2. Individual floating survival equipment (hereinafter referred to as "individual floating equipment") is a lifesaving device that can be handheld or worn on the body, with the function of keeping a person afloat on the water surface while maintaining its shape and technical characteristics throughout its operation underwater (except for round buoys and life jackets).

3. Inland waterway passenger vessel is an inland waterway vessel with or without a motor, used for transporting passengers and goods across rivers.

4. Operator of river passenger wharf is an organization or individual using an inland waterway wharf for business and exploitation of river passenger transport.

Article 4. Provision and arrangement of life jackets and individual floating equipment on inland waterway passenger vessels

1. Inland waterway passenger vessels must provide sufficient quantities of life jackets and individual floating equipment to ensure they meet the number of all persons carried on the vessel (including passengers, crew members, and drivers).

2. Life jackets and individual floating equipment used on inland waterway passenger vessels must comply with quality standards and be stored dry, clean, and ensure their technical safety performance when in use.

3. Life jackets and individual floating equipment must be placed in convenient locations, easily visible, accessible, and not obstructing the view of the driver of the inland waterway vessel.

Article 5. Use of life jackets and individual floating equipment on inland waterway passenger vessels

All passengers, crew members, and drivers on inland waterway passenger vessels must wear life jackets or carry (wear) individual floating equipment throughout the journey from departure until safely berthing.

Article 6. Responsibilities of the operator of river passenger wharf

1. To promote and encourage owners of vessels, passengers participating in inland waterway passenger transport to strictly comply with the provisions of this Circular.

2. To allow vessels to operate at the wharf only when they have fully complied with the regulations of the Law on Inland Waterway Traffic and the provisions of Articles 4 and 5 of this Circular.

3. To jointly bear responsibility related to traffic accidents occurring during river passenger transport in cases where vessels are allowed to depart from the wharf when crew members, drivers, and passengers are not wearing life jackets or carrying (wearing) individual floating equipment according to the prescribed manner.

Article 7. Responsibilities of the Owner of the Transport Means, Crew Members, and Drivers of River Passenger Transport Means

1. The owner of river passenger transport means shall be responsible for equipping life jackets and personal floating devices on the transport means to ensure sufficient quantity and quality that meets technical standards and requirements as prescribed.

2. Crew members and drivers of river passenger transport means shall be responsible for:

a) Before allowing the transport means to depart from the wharf, they must provide each passenger on board with one (01) life jacket or one (01) personal floating device for use;

b) Guide and require passengers on the transport means to wear life jackets or hold (wear) personal floating devices according to the correct method throughout the journey of the transport means.

3. Refuse transportation for passengers who do not comply with wearing life jackets or using personal floating devices according to the prescribed method.

4. Bear responsibility related to incidents or traffic accidents occurring during river passenger transport when passengers do not wear life jackets or hold (wear) personal floating devices according to the correct method.

Article 8. Responsibilities of Passengers

1. Strictly follow the guidance of crew members and drivers regarding the implementation of regulations on wearing life jackets or holding (wearing) personal floating devices according to the correct method on river passenger transport means throughout the journey of the transport means.

2. Bear responsibility for consequences resulting from non-compliance with regulations and guidance on wearing life jackets or holding (wearing) personal floating devices according to the correct method when participating in traffic by river passenger transport means.

Article 9. Responsibilities of Traffic Inspectors and Local Authorities at Commune Level

1. Regularly monitor and inspect passenger transport activities at river passenger wharfs.

2. Suspend operations in cases where transport means are not equipped with sufficient life jackets and personal floating devices as prescribed.

3. Organize propaganda and raise public awareness about wearing life jackets or holding (wearing) personal floating devices according to the correct method.

4. If passengers do not comply with wearing life jackets or holding (wearing) personal floating devices according to the correct method, request and guide passengers to wear life jackets or hold (wear) personal floating devices.

Article 10. Responsibilities of the Department of Transport

1. Inspect and audit the implementation of this Circular at river passenger wharfs within the administrative boundaries of provinces and cities.

2. Compile a list of transport means operating at river passenger wharfs for consolidation, monitoring, and inspection.

3. Report periodically every quarter and annually to the People's Committee of the province or centrally-administered city and the Vietnam Inland Waterways Administration on the implementation of this Circular (before the 20th day of the last month of each quarter).

Article 11. Responsibilities of the Vietnam Inland Waterways Administration.

1. Urge, direct, and monitor and inspect localities in organizing and implementing this Circular and inspecting its implementation nationwide.

2. Receive reports from localities and units on the implementation situation and compile reports to the Ministry of Transport quarterly (before the 25th day of the last month of each quarter) on the implementation of this Circular.

Article 12. Implementation Provisions

1. This Circular takes effect from July 15, 2012.

2. The Head of the Ministry's Office, the Head of the Ministry's Inspectorate, Heads of Departments under the Ministry, the Director of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport, Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular./.