Circular No. 17/2009/TT-BGTVT on Marine Accident Investigation Reports

CIRCULAR

Regarding Marine Accident Investigation Reports

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- Based on the Maritime Code of Vietnam dated June 14, 2005;

- Based on 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;The Governor of the State Bank of Vietnam issues a Circular amending and supplementing certain legal normative documents concerning administrative procedures and formalities in the field of foreign exchange management.”

The Minister of Transport hereby stipulates matters concerning Marine Accident Reports and Investigations as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular stipulates regulations on reporting and investigating marine accidents.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to marine accident reports and investigations in the following cases:

1. Marine accidents involving Vietnamese merchant ships.

2. Marine accidents involving foreign merchant ships when operating in:

a) Port waters, inland waters, and territorial seas of Vietnam;

b) Vietnam's Exclusive Economic Zone in cases where such accidents involve Vietnamese vessels, offshore structures, or cause incidents and environmental pollution.

3. Marine accidents occurring to public service vessels, fishing vessels, inland waterway vessels, and seaplanes in Vietnamese port waters.

Article 3. Classification of Marine Accidents

Based on the degree of damage, marine accidents are classified as follows:

1. A particularly serious marine accident is a marine accident causing one of the following damages:

a) Causing death or disappearance of more than three people;

b) Causing injury or harm to health of ten people with each person having a disability rate of 31% or higher;

c) Causing injury or harm to health of six or more people with each person having a disability rate of 61% or higher;

d) Causing damage valued at five billion Vietnamese dong or more for property, material costs for repairs, towing, salvaging, and disposal of sunken vessels; costs for repairing underwater and surface structures; costs for clearing shipping lanes; costs for incident resolution and environmental pollution control;

d) Blocking shipping lanes for 48 hours or longer;

e) Causing simultaneous damage to human life and health and property and materials from two or more of the cases specified in Clause 2 of this Article.

2. Serious marine accidents are those causing one or more of the following damages:

a) Causing death or disappearance of one to three people;

b) Causing injury or harm to health of five to ten people with each person having a disability rate of 31% or higher;

c) Causing injury or harm to health of three to five people with each person having a disability rate of 61% or higher;

d) Causing damage valued from one billion to less than five billion Vietnamese dong for property, material costs for repairs, towing, salvaging, and disposal of sunken vessels; costs for repairing underwater and surface structures; costs for clearing shipping lanes; costs for incident resolution and environmental pollution control;

đ) Blocking shipping lanes for 24 to less than 48 hours.

3. Less serious marine accidents are those occurring in cases not specified in Clauses 1 and 2 of this Article.

Chapter II

MARINE ACCIDENT REPORT

Article 4. Marine Accident Reports

1. Marine accident reports include Urgent Reports, Detailed Reports, and Periodic Reports as prescribed in Appendices 1, 2, and 3 of this Circular.

2. The content of marine accident reports must be truthful, accurate, and submitted within the prescribed time limit.

Article 5. Urgent Report

1. The Immediate Report shall be carried out as follows:

a) The master of a merchant ship or the highest-ranking responsible person on other vessels must immediately submit an Urgent Report to the nearest maritime port authority. If these persons cannot submit the Urgent Report, the shipowner, owner of other vessels, or agent of the vessel involved in the accident shall have the responsibility to report.

b) Upon receiving an Urgent Report or learning about a marine accident, the maritime port authority shall immediately forward the Urgent Report or relevant information to the following entities:

- Vietnam Maritime Administration;

- The company ensuring maritime safety, if the accident causes damage or loss of functionality of navigational aids or affects the safety of vessels;

- Organizations or individuals managing or operating facilities or equipment, if the accident causes damage to such facilities or equipment;

- Department of Natural Resources and Environment, Department of Agriculture and Rural Development, if the accident causes or has the potential to cause incidents and environmental pollution or damage to fishery resources.

2. In cases of marine accidents involving Vietnamese merchant ships operating in the waters of another country, the master or owner of the ship must report according to the requirements of the coastal state where the accident occurred and submit an Urgent Report to the Vietnam Maritime Administration within 24 hours from the time of the accident. If the accident is particularly serious, the master or owner of the ship must inform the Vietnamese representative agency in the coastal state where the accident occurred to seek assistance in resolving the issue.

3. In cases of marine accidents involving Vietnamese merchant ships operating in the high seas, the master or owner of the ship must immediately submit an Urgent Report to the Vietnam Maritime Administration within 24 hours from the time of the accident.

4. The Immediate Report may be transmitted directly or sent through appropriate communication methods.

5. For particularly serious marine accidents, upon receiving the Immediate Report, the Vietnam Maritime Administration must immediately report to the Ministry of Transport.

Article 6. Detailed Report

Following the Urgent Report, the master must submit a Detailed Report within the time limits prescribed below:

1. In cases of marine accidents occurring in port waters and inland waters, the Detailed Report must be submitted to the maritime port authority in that area within 24 hours from the time of the accident.

2. In cases of marine accidents occurring in territorial seas and exclusive economic zones as specified in point b, Clause 2, Article 2 of this Circular, after the vessel arrives at a designated anchorage in Vietnamese port waters following the accident, the Detailed Report must be submitted to the maritime port authority in that area within 24 hours from the time the vessel arrives at the designated anchorage. If the vessel does not enter Vietnamese port waters after the accident, the Detailed Report must be submitted to the Vietnam Maritime Administration within 48 hours from the time the vessel or crew members of the vessel arrive at the first port of call.

3. In the case of maritime accidents involving Vietnamese ships when operating at sea or in the territorial waters of another country, after the ship docks at a Vietnamese port area following the accident, a detailed report must be submitted to the maritime port authority in that area within 24 hours from the time the ship arrives at the designated anchorage point. If the ship does not dock at a Vietnamese port area after the accident, the detailed report must be sent to the Vietnam Maritime Administration within 48 hours from the time the ship arrives at its first port of call.

Article 7. Periodic Report

Periodic reports shall be carried out as follows:

1. Monthly and annually, the maritime port authority must prepare a written report and submit it to the Vietnam Maritime Administration regarding maritime accidents that occurred according to the model prescribed in Appendix 3 of this Circular.

2. Monthly, every six months, and annually, the Vietnam Maritime Administration must prepare a written report and submit it to the Ministry of Transport regarding maritime accidents according to the model prescribed in Appendix 3 of this Circular within the deadlines set forth below:

a) Deadline for submitting monthly reports: no later than the 15th day of each month;

b) Deadline for submitting semi-annual reports: no later than the 20th day of June;

c) Deadline for submitting annual reports: no later than the 20th day of December.

Chapter III

INVESTIGATION OF MARITIME ACCIDENTS

Article 8. Requirements for investigating maritime accidents

1. Investigating a maritime accident involves determining the conditions, circumstances, causes, or potential causes of the accident in order to implement effective measures to prevent and limit similar accidents.

2. Maritime accidents must be investigated in accordance with regulations, promptly, comprehensively, and objectively.

3. The master, owner, agent, and relevant organizations, entities, or individuals must take appropriate measures to ensure compliance with investigation requirements as stipulated.

Article 9. Cases for investigating maritime accidents

1. Particularly serious and serious maritime accidents must be investigated.

2. Less serious maritime accidents may be investigated or not investigated at the discretion of the director of the maritime port authority.

Article 10. Authority to investigate maritime accidents

1. The director of the maritime port authority is responsible for organizing the investigation of maritime accidents occurring in port waters, inland waterways under their jurisdiction, and other maritime accidents assigned by the Director of the Vietnam Maritime Administration.

2. Upon receiving information about a maritime accident in port waters or inland waterways under their jurisdiction, the director of the maritime port authority must immediately dispatch personnel with specialized expertise to the accident site and board the vessel to inspect the scene, examine work positions, and collect necessary samples for the investigation. During these activities, a record must be made and witnessed and confirmed by an authorized person on board the vessel, while avoiding any impact on the safe operation of the vessel. The dispatched personnel will be members of the Maritime Accident Investigation Team as provided for in Clause 4 of this Article.

3. When necessary, the Director of the Vietnam Maritime Administration decides to organize the investigation of maritime accidents.

4. The organization or entity conducting the investigation of maritime accidents is responsible for issuing a decision to establish the Maritime Accident Investigation Team.

5. During the investigation of maritime accidents, if signs of criminal offenses are discovered, the director of the maritime port authority organizing the investigation must notify the competent investigative authority and transfer related files, documents, and evidence to the investigative authority upon request; before transferring, copies of the files and documents must be made and retained for the purpose of the maritime accident investigation; the transfer of files, documents, and evidence must be recorded in a handover protocol as prescribed.

6. For maritime accidents where other authorities conduct investigations within their jurisdiction, the investigation of maritime accidents shall still be conducted in accordance with this Circular.

Article 11. The Maritime Accident Investigation Team and members of the team

1. Depending on the complexity of the maritime accident, the director of the maritime port authority decides on the number of members of the Maritime Accident Investigation Team, but there must be a minimum of three members directly led by a team leader, assisted by a deputy team leader, and including team members.

2. Members of the Maritime Accident Investigation Team must be personnel of the maritime port authority who have the necessary professional and legal qualifications, appointed by the director of the maritime port authority. In cases of necessity, the members of the team may be decided by the Director of the Vietnam Maritime Administration.

Article 12. Duties and powers of the Maritime Accident Investigation Team

1. Prepare an investigation plan, carry out the investigation of maritime accidents in accordance with this Circular and other relevant laws. Report in writing on the process and results of the maritime accident investigation to the person who issued the decision to establish the Maritime Accident Investigation Team.

2. Use necessary equipment to serve the investigation of maritime accidents.

3. Require parties involved in the maritime accident to take measures to preserve the scene and protect relevant evidence in accordance with the requirements of the maritime accident investigation.

4. Require parties involved in the maritime accident to provide written statements about the conditions, circumstances, developments, and related subjects of the maritime accident. In cases where necessary, they must be notified in advance of the time and place of the interview.

5. Require the master and persons responsible to provide copies of the ship's logs, nautical charts of the area where the ship was involved in the accident, and other necessary documents and records about the ship and its equipment.

6. Require classification and technical supervision organizations, ship owners, agents, marine information organizations, maritime search and rescue distribution centers, traffic control system management centers, maritime safety assurance organizations, marine pilots, and other related organizations or individuals to provide necessary information to serve the investigation of maritime accidents.

7. Inspect and collect copies of registration, inspection, insurance papers of the ship, other necessary documents related to the ship, and professional certificates of crew members to serve the investigation of maritime accidents.

8. Record audio, take photographs, film, survey, request expert examination, and perform other necessary tasks for investigating maritime accidents if deemed necessary.

9. Compile, verify, analyze, evaluate, and propose conclusions regarding the causes of maritime accidents.

10. Prepare reports on the investigation of maritime accidents.

11. Store and preserve files, documents, and evidence related to maritime accidents in accordance with regulations.

Article 13. Time limit for investigating maritime accidents

1. For maritime accidents occurring in port waters and inland waters, the investigation period shall not exceed thirty days from the date of the accident.

2. For maritime accidents occurring in territorial seas and exclusive economic zones as stipulated in point b, Clause 2, Article 2 of this Circular, the investigation period shall not exceed thirty days from the date the vessel arrives at the first Vietnamese port after the accident.

3. For maritime accidents occurring in the high seas and waters of other countries, the investigation period shall be decided by the Director of the Vietnam Maritime Administration.

4. In complex cases, if the investigation of maritime accidents cannot be completed within the prescribed time limits under Clauses 1 and 2 of this Article, based on the proposal of the head of the maritime accident investigation team, the director of the maritime port authority must promptly report in writing to the Director of the Vietnam Maritime Administration for consideration and decision to extend the investigation period; the maximum number of extensions shall not exceed two times, with each extension period not exceeding twenty days.

Article 14. Procedure for conducting investigations of maritime accidents

1. Establish the Maritime Accident Investigation Team.

2. Prepare the Investigation Plan for Maritime Accidents.

3. Implement the Maritime Accident Investigation Plan.

4. Summarize collected information. If necessary, additional inspections and interrogations may be conducted to clarify unresolved issues.

5. Based on the provisions of maritime safety laws, analyze the collected information, including conclusions from material examinations, traces related to the accident.

6. Prepare a report on the investigation of maritime accidents.

Article 15. Report on the investigation of maritime accidents

1. The report on the investigation of maritime accidents includes:

a) A summary of the development of the maritime accident: type of accident, subjects, conditions, circumstances, scene, and other factors related to the accident; human and property losses, environmental damage caused by the accident; results of post-accident remediation measures taken, applied measures, and other relevant issues that need to be addressed;

b) Compilation, analysis, and presentation of evidence proving the factors leading to the cause of the maritime accident based on verification results, evidence collection, scene surveys, interrogations, and expert examinations;

c) Conclusions on the cause or potential causes of the maritime accident;

d) Administrative measures within the jurisdiction of the maritime port director or recommendations for measures to be considered and decided by competent authorities for violations exceeding the jurisdiction of the maritime port director;

đ) Recommendations for preventive measures against similar maritime accidents;

2. The report on the investigation of maritime accidents must be sent to each party involved and to the Vietnam Maritime Administration no later than the end date of the maritime accident investigation period. In cases of particularly serious maritime accidents, the report on the investigation of maritime accidents must be submitted to the Ministry of Transport.

Copies of the report on the investigation of maritime accidents may be provided to individuals or entities directly related to the accident upon written request.

Article 16. Complaints and appeals and resolution of complaints and appeals

Complaints and appeals (if any) related to the investigation of maritime accidents will be resolved in accordance with the law on complaints and appeals.

Article 17. Funding for investigating maritime accidents

1. Funding for investigating maritime accidents is sourced from the regular budget of the maritime port authority.

2. Budget preparation, management, utilization, and settlement of funding for investigating maritime accidents shall comply with regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effectiveness

This Circular takes effect forty-five days from the date of signature and replaces Decision No. 48/2005/QĐ-BGTVT dated September 30, 2005 of the Minister of the Ministry of Transport on reporting and investigating maritime accidents.

Article 19. Implementation

1. The Vietnam Maritime Administration shall be responsible for implementing this Circular.

2. The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of relevant departments under the Ministry of Transport, the Director of the Vietnam Maritime Administration, the Heads of agencies, units, and individuals concerned are responsible for implementing this Circular./.