Decision No. 170/2004/QD-BGTVT on the application of the 2002 amendments and supplements to the SOLAS Convention 74 and the International Ship and Port Facility Security Code (ISPS)

DECISION OF THE MINISTER OF TRANSPORT

Regarding the application of the 2002 amendments and additions to the SOLAS Convention 74

and the International Code for the Security of Ships and for Ports

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 191/2003/QĐ-TTg dated September 16, 2003 of the Government approving the 2002 amendments and additions to certain chapters of the International Convention on Safety of Life at Sea;

Pursuant to the provisions of the 2002 amendments and additions to the SOLAS Convention 74 issued together with the International Code for the Security of Ships and for Ports (hereinafter referred to as the ISPS Code);

1. ATTACH HERETO is the List of certificates and documents for Vietnamese seagoing ships and government service ships pursuant to this Decision.

DECISION:

Article 1. The scope of application of the 2002 amendments and additions to the SOLAS Convention 74 and the ISPS Code

1. The following types of ships operating on international routes:

a) Passenger ships;

b) Cargo ships with a total gross tonnage of 500 GT or more;

c) Offshore mobile drilling units.

2. Seaports receiving ships operating on international routes as specified in Clause 1 of this Article;

3. Ship companies operating on international routes as specified in Clause 1 of this Article (hereinafter referred to as ship companies);

4. Enterprises managing and operating seaports as specified in Clause 2 of this Article (hereinafter referred to as port enterprises).

Article 2. Responsibilities and authorities of the Vietnam Maritime Administration

The Vietnam Maritime Administration - the specialized maritime administration agency of the State performs the function of "Competent Authority", with responsibilities and authorities as follows:

1. Organizing training for port security officers with contents consistent with the standard program of the International Maritime Organization;

2. Guiding port enterprises to assess port security and develop Port Security Plans;

3. Approving Port Security Assessments, Port Security Plans, and any supplements or amendments to Port Security Plans;

4. Issuing "Port Facility Security Certificates" according to the form prescribed in Appendix 1 of this Decision;

5. Implementing the recording of "Ship Security Records" according to the form prescribed in Appendix 2 of this Decision;

6. Guiding the implementation of "Security Declarations" according to the form prescribed in Appendix 3 of this Decision;

7. Serving as the point of contact for receiving, processing, and transmitting maritime security information with ships, ship companies, port enterprises, and relevant agencies;

8. Exchanging information with the International Maritime Organization regarding the implementation of the 2002 amendments and additions to the SOLAS Convention 74 and the ISPS Code in Vietnam;

9. Performing other related tasks as required by the 2002 amendments and additions to the SOLAS Convention 74 and the ISPS Code.

Article 3. Responsibilities and authorities of the Vietnam Ship Survey Bureau

The Vietnam Ship Survey Bureau performs the function of "Recognized Security Organization", with responsibilities and authorities as follows:

1. Organizing training for ship security officers and company security officers with contents consistent with the standard program of the International Maritime Organization;

2. Approving ship security assessments;

3. Approving ship security plans;

4. Inspecting ship security systems and equipment according to the requirements of the ISPS Code and issuing "International Ship Security Certificates" according to the form prescribed in Appendix 4 and "Temporary International Ship Security Certificates" according to the form prescribed in Appendix 5 of this Decision;

5. Performing other related tasks as required by the 2002 amendments and additions to the SOLAS Convention 74 and the ISPS Code when authorized by the Ministry of Transport.

Article 4. Responsibilities of the Shipping Company

1. Organize security assessments for vessels specified in Clause 1, Article 1 of this Decision;

2. Develop security plans for vessels specified in Clause 1, Article 1 of this Decision;

3. Arrange for Deck Officers who are expected to be appointed as Security Officers on board ships and staff who are expected to be appointed as Company Security Officers to participate in training courses organized by the Vietnam Ship Registry;

4. Ensure that vessels specified in Clause 1, Article 1 of this Decision fully and promptly comply with requirements for: conducting ship security assessments; developing ship security plans to be reviewed, approved, and issued with either an International Ship Security Certificate or an Interim International Ship Security Certificate. At the same time, ensure these vessels are issued with a Ship Record Book and a Security Declaration for use when necessary;

5. Equip vessels specified in Clause 1, Article 1 of this Decision with equipment as amended and supplemented in 2002 under the SOLAS Convention 74 and the ISPS Code, and designate a Deck Officer to concurrently hold the position of Ship Security Officer on each vessel under their management, and one or more staff members to hold the position of Company Security Officer;

6. Comply with other security requirements for ships as prescribed by competent authorities;

Article 5. Responsibilities of Port Enterprises

1. Organize security assessments for ports specified in Clause 2, Article 1 of this Decision;

2. Develop security plans for ports specified in Clause 2, Article 1 of this Decision;

3. Ensure there are sufficient Port Security Officers;

4. Establish a Port Facility Security System in accordance with the requirements of the ISPS Code;

5. Comply with other security requirements for ports as prescribed by competent authorities;

Article 6. Responsibilities of Advisory Agencies of the Ministry of Transport

1. The Cadre and Civil Servant Department shall take the lead in researching and proposing additional regulations regarding the role of Deck Officers responsible for ship security duties and regulations on training and instruction for Ship Security Officers;

2. The Legal Affairs Department shall regularly urge and inspect the implementation of this Decision;

Article 7. Implementation Provisions

This decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Heads of the Ministry's Office, relevant Departments of the Ministry of Transport, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Ship Registry, the Heads of relevant agencies, units, and individuals are responsible for implementing this Decision./.