Circular No. 17/2018/TT-BGTVT on the management and exploitation of Automatic Identification System (AIS) information for vessels

CIRCULAR

Regulations on management and exploitation of automatic identification information for vessels hệ thống thông tin nhận dạng tự động của tàu thuyền 

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

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

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

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;

1. Amending Clause 2 Article 2 as follows:

At the proposal of the Director of the Department of Science and Technology, the Director of the Vietnam Maritime Administration, and the Director of the Vietnam Inland Waterways Administration;

The Minister of Transport hereby issues this Circular to regulate the management and exploitation of automatic identification information for vessels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the management and exploitation of automatic identification information for vessels that are required to install Automatic Identification System (AIS) equipment and operate in port waters, coastal transport routes, inland waterway transport routes from the coast to islands, and inland port and wharf waters within the range of AIS messages received by shore-based AIS stations.

Article 2. Applicability

This Circular applies to organizations and individuals, both domestic and foreign, related to the management and exploitation of automatic identification information for vessels as specified in Article 1 of this Circular.

Article 3. Explanation of Terms

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

1. Vessels refer to sea-going ships and inland waterway vessels that are required to install AIS equipment as stipulated in Article 1 of this Circular.

2. AIS stands for Automatic Identification System. This system includes the following basic components:

a) AIS equipment is a technical component installed on vessels with the function of transmitting and receiving AIS messages;

b) Shore-based AIS station is a technical component installed on land with the function of receiving AIS messages transmitted from AIS equipment; processing, temporarily storing, and transmitting the data back to the AIS data center; and transmitting information to AIS equipment (if applicable);

c) AIS data center is a technical component on land with the function of receiving AIS messages from shore-based AIS stations; storing, processing, and providing AIS information to users through the Internet environment.

3. AIS message is encoded information transmitted from AIS equipment. An AIS message includes basic information such as vessel identification code, vessel name, IMO number (if available), call sign (if available), vessel type, vessel dimensions (length and width), position, speed, and course of the vessel.

4. AIS information is information processed and provided by the AIS data center including basic information such as vessel identification code, vessel name, IMO number (if available), call sign (if available), vessel type, vessel dimensions (length and width), position, speed, and course of the vessel.

Article 4. Principles for managing and exploiting AIS information

1. AIS information shall be exploited and utilized for purposes of supporting safety assurance, security, accident investigation, search and rescue operations, administrative violation handling in maritime and inland waterway sectors; preventing environmental pollution from vessels, and serving specialized state management in these sectors.

2. Management and exploitation of AIS information must comply with the provisions of this Circular and other relevant laws.

Chapter II

MANAGEMENT AND EXPLOITATION OF AIS INFORMATION

Article 5. Management of installation and operation of AIS equipment on vessels

1. AIS equipment installed and configured on vessels must have the minimum information specified in Clause 3, Article 3 and must comply with current national technical standards for AIS.

2. After installation and configuration, and during its use on vessels, AIS equipment must be inspected by authorized agencies or organizations according to current regulations.

3. AIS equipment must operate continuously 24 hours a day, seven days a week.

4. AIS equipment must undergo regular technical inspections and maintenance in accordance with the manufacturer's recommendations.

Article 6. Requirements for AIS Data Centers and Shore-based AIS Stations

1. AIS Data Center:

a) The AIS Data Center must have the function of integrating AIS messages sent from shore-based AIS stations for processing and storage; it must have an appropriate interface for accessing and exploiting AIS information through the Internet environment; it must have data export capabilities;

b) The AIS Data Center must have the ability to store data for a minimum period of three years;

c) The AIS Data Center must be ensured for data security and safety.

2. Shore-based AIS Station:

a) The shore-based AIS station must have the function of directly receiving AIS messages transmitted from AIS equipment installed on vessels operating within the message reception area of the shore-based AIS station. The shore-based AIS station may also have the function of transmitting information to AIS equipment upon request;

b) Shore-based AIS stations must be established as a system to ensure full coverage of maritime areas including port waters, coastal transport routes, inland waterway transport routes from the coast to islands, and port and inland waterway wharves;

c) Shore-based AIS stations must be connected to the AIS Data Center to transfer AIS messages received from AIS equipment installed on vessels to the AIS Data Center.

Article 7. Management of AIS Information Provision and Usage

1. AIS information shall be provided to organizations and individuals upon request. The usage of AIS information must comply with the intended purpose as stipulated in Clause 1, Article 4 of this Circular.

2. AIS information shall be provided in the form of database access accounts; or provided via electronic information portals or websites of units responsible for providing information; or supplied as specific cases to organizations and individuals for exploitation.

3. The Vietnam Inland Waterways Administration, Vietnam Marine Electronics Joint Stock Company Limited, Maritime Security Information Center, Port Maritime Supervision Units, and Inland Waterway Port Supervision Units under the Vietnam Inland Waterways Administration shall be responsible for organizing the provision of AIS information in accordance with the provisions of this Circular.

Article 8. Responsibilities of Relevant Authorities and Organizations in Managing, Exploiting, and Providing AIS Information

1. The Vietnam Maritime Administration shall be responsible for:

a) Organize and manage state activities related to the operation of AIS Data Centers and shore-based AIS stations to meet management, exploitation, and provision requirements of AIS information within their jurisdiction;

b) Direct Vietnam Marine Electronics Joint Stock Company Limited to organize the provision of complete access accounts and AIS information to Port Maritime Supervision Units, Maritime Security Information Center, and other relevant authorities and organizations when requested for the purposes specified in Clause 1, Article 4 of this Circular;

c) Direct Port Maritime Supervision Units and Maritime Security Information Center to organize the management and exploitation of AIS information for the purposes specified in Clause 1, Article 4 of this Circular.

2. The Vietnam Inland Waterways Administration shall be responsible for:

a) Organizing and managing state activities related to the operation of AIS Data Centers and shore-based AIS stations to meet management, exploitation, and provision requirements of access accounts, account management, and AIS information within their jurisdiction;

b) Directing subordinate Inland Waterway Port Supervision Units to organize the management and exploitation of AIS information for the purposes specified in Clause 1, Article 4 of this Circular;

c) Leading the establishment of economic and technical standards for the operation and maintenance of the AIS System managed and operated by the Vietnam Inland Waterways Administration;

d) Managing and operating the AIS Data Center of the Vietnam Inland Waterways Administration for the purposes specified in Clause 1, Article 4 of this Circular.

3. Port Maritime Supervision Units shall be responsible for:

a) Organizing the management and exploitation of AIS information of vessels operating in port waters and inland waterway transport routes from the coast to islands within their jurisdiction for the purposes specified in Clause 1, Article 4 of this Circular. Inspecting and supervising the implementation of this Circular's regulations for vessels required to install AIS equipment operating within their jurisdiction;

b) Regularly using AIS information to monitor the speed, direction, and position of vessels operating in port waters and inland waterway transport routes from the coast to islands within their jurisdiction;

c) Extracting AIS data and sharing AIS information for the purposes specified in Clause 1, Article 4 of this Circular at the request of competent state management agencies;

d) Managing, operating, and maintaining the AIS Data Center and shore-based AIS stations of their unit to receive, exploit, and share AIS information of vessels operating in port waters for the purposes specified in Clause 1, Article 4 of this Circular.

4. Inland Waterway Port Supervision Units under the Vietnam Inland Waterways Administration shall be responsible for:

a) Organizing the management and exploitation of AIS information of vessels operating in port waters, inland waterway wharves, and inland waterways within their jurisdiction for the purposes specified in Clause 1, Article 4 of this Circular. Inspecting and supervising the implementation of this Circular's regulations for vessels required to install AIS equipment operating within their jurisdiction;

b) Regularly using AIS information to monitor the speed, direction, and position of vessels operating in port waters, inland waterway wharves, and inland waterways within their jurisdiction;

c) Extracting AIS data and sharing AIS information for the purposes specified in Clause 1, Article 4 of this Circular at the request of competent state management agencies;

d) Managing and operating shore-based AIS stations to receive, exploit, and share AIS information of vessels operating within their jurisdiction for the purposes specified in Clause 1, Article 4 of this Circular.

5. The Maritime Security Information Center shall be responsible for:

a) Organizing the management and exploitation of AIS information of vessels operating on coastal transport routes and inland waterway transport routes from the coast to islands under the jurisdiction of the Vietnam Maritime Administration;

b) Regularly using AIS information to monitor the speed, direction, and position of vessels operating on coastal transport routes and inland waterway transport routes from the coast to islands under the jurisdiction of the Vietnam Maritime Administration;

c) Reporting to the Vietnam Maritime Administration regarding violations of maritime laws by vessels.

d) Extract AIS data and share AIS information to serve the purposes specified in Clause 1, Article 4 of this Circular upon request from competent state management agencies.

6. The Vietnam Maritime Electronic Information Joint Stock Company Limited shall be responsible for:

a) Organizing the management, operation, and maintenance of the AIS data center and shore-based AIS station of the unit to ensure continuous and stable operation;

b) Providing access accounts, managing access account information, and providing AIS information to maritime port offices, maritime security information centers, and other relevant agencies and organizations when requested to serve the purposes specified in Clause 1, Article 4 of this Circular;

c) Reporting to the Vietnam Maritime Administration on the provision of access accounts and AIS information periodically every quarter or submitting ad hoc reports when required;

d) Developing and upgrading software for managing and exploiting AIS information according to the requirements of state management agencies to manage and exploit AIS information as prescribed in this Circular;

đ) Extract AIS data and share AIS information to serve the purposes specified in Clause 1, Article 4 of this Circular upon request from competent state management agencies.

7. Ship owners, vessel owners, and shipmasters shall be responsible for:

a) Maintaining the operation of the AIS equipment installed on ships on a 24/7 basis to transmit AIS messages in accordance with the design function of the equipment. In case the AIS equipment is damaged, immediate notification must be made to the maritime port office or inland waterway port office under the Vietnam Inland Waterways Administration;

b) Immediately notifying the maritime port office or inland waterway port office under the Vietnam Inland Waterways Administration of any changes to information related to the ship's identification code, ship name, IMO number (if applicable), call sign (if applicable), ship type, ship dimensions (length, width);

c) Recording the operation and exploitation of the AIS equipment in the ship's logbook.

8. Users of AIS information shall be responsible for:

a) Securing the AIS access account information provided;

b) Exploiting and using AIS information in accordance with the purposes specified in Clause 1, Article 4 of this Circular.

Chapter III

IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from July 1, 2018.

Article 10. Implementation Organization

The Director of the Office, the Inspector General, the Heads of Departments, the Directors of the Vietnam Maritime Administration, the Directors of the Vietnam Inland Waterways Administration, and related organizations and individuals are responsible for implementing this Circular./.