Decree No. 173/2007/NĐ-CP On the organization and operation of marine pilots

 

DECREE

ON THE ORGANIZATION AND OPERATIONS OF MARITIME PILOTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Maritime Code of Vietnam dated June 14, 2005;
Pursuant to the Enterprise Law dated November 29, 2005;
Considering the proposal of the Minister of Transport,

DECREE:

Chapter 1:
GENERAL PROVISIONS

Article 1Scope of regulation and applicable subjects

1. This Decree stipulates on the organization and operations of maritime pilots.

2. This Decree applies to organizations of maritime pilots (referred to as pilot companies), persons performing maritime pilot duties (referred to as pilots), and agencies, organizations, and individuals related to the organization and operations of maritime pilots in Vietnam.

Article 2Definitions

1. Compulsory pilotage area (referred to as compulsory pilotage area) is the limited part within port waters or offshore oil exploitation areas, defined from the pilot boarding area to the wharf, berth, anchorage area, transshipment area, storm shelter, shipbuilding-repair yard, offshore oil port, and vice versa, where ships must use a pilot to guide the vessel according to the provisions of the Maritime Code of Vietnam. A compulsory pilotage area includes one or more pilotage routes.

2. Non-compulsory pilotage area (referred to as non-compulsory pilotage area) is the water area that is not a compulsory pilotage area as specified in Clause 1 of this Article.

3. Pilot boarding area is the limited part within the compulsory pilotage area for vessels to anchor and board or disembark pilots. 4. Pilotage route is the voyage route of vessels guided by a pilot from the pilot boarding area to the wharf, berth, anchorage area, transshipment area, storm shelter, shipbuilding-repair yard of a port or offshore oil port within the compulsory pilotage area.

Chapter 2:

ORGANIZATION AND OPERATIONS OF MARITIME PILOTS
Principles of organization and operations of maritime pilots

Article 3. 1. Maritime pilot service is a public utility service and a business service subject to conditions as prescribed in Article 4 of this Decree.

2. A pilot company only operates in one compulsory pilotage area.

3. In a compulsory pilotage area, there may be one or more pilot companies operating based on the number of pilotage routes in that compulsory pilotage area.

4. One pilotage route is provided with maritime pilot services by only one pilot company.

5. The State uniformly manages the organization and operations of maritime pilots to ensure maritime safety, maritime security, and prevention of environmental pollution.

Conditions for organization and operations of pilot companies

Article 41. A pilot company is a state-owned enterprise with 100% state capital.

2. It has sufficient numbers of pilots of various ranks and means of transporting pilots as prescribed by the Director of the Vietnam Maritime Administration.

3. It is assigned plans or orders to provide pilotage services in compulsory pilotage areas or specific pilotage routes.

Establishment and registration of pilot companies

Article 5The establishment and registration of pilot companies shall be carried out in accordance with the provisions of the Enterprise Law.

Procedures for assigning pilotage areas or pilotage routes

Article 6. 1. Documents for requesting assignment of pilotage areas or pilotage routes:

a) Request letter;

b) Copy of the Business Registration Certificate of the Company;

c) List of pilots accompanied by copies of certificates of professional qualifications for maritime pilots and copies of certificates of pilotage areas for each pilot;

d) List of means of transporting pilots accompanied by copies of registration certificates of those means. 2. Procedure for assigning pilotage areas or pilotage routes:

a) The pilot company submits to the Vietnam Maritime Administration the documents as prescribed in Clause 1 of this Article;

b) The Director of the Vietnam Maritime Administration decides to assign pilotage areas or pilotage routes to the company within 15 working days from the date of receipt of complete and valid documents; in case of non-approval, a written response with reasons must be provided.

Rights, obligations, and responsibilities of pilot companies

1. Organize and fully meet the demand for providing maritime pilot services in compulsory pilotage areas or assigned pilotage routes, ensuring service quality, maritime safety, maritime security, and prevention of environmental pollution as prescribed by law.

Article 7. 2. Develop plans for authorities to consider assigning plans or orders and organize their implementation.

3. Prepare daily pilotage schedules, notify the Port Maritime Authority to coordinate implementation; in case of changes, promptly notify and specify the reasons. If a pilot is specifically requested by the shipowner or the shipowner's representative, the General Director of the pilot company must comply; if unable to comply, clearly state the reasons and arrange another pilot to replace.

4. Coordinate with organizations ensuring maritime safety, port enterprises, shipowners' agents, and relevant agencies and organizations in the area to organize safe and effective provision of maritime pilot services.

5. Manage the activities of pilots to ensure timely response to demands for providing maritime pilot services and the diligence of pilots while performing their duties.

6. Fulfill other rights, obligations, and responsibilities of pilot companies as prescribed by law.

Legal status of pilots

1. Maritime pilots are advisors to the Master in navigating vessels in accordance with maritime conditions in the pilotage area. The use of maritime pilots does not exempt the Master from command responsibility for the vessel.

Article 82. During pilotage, maritime pilots are under the command of the Master of the vessel being piloted.

3. The Master of the vessel being piloted has the right to choose a maritime pilot or suspend the operation of a maritime pilot and request replacement of a maritime pilot if the maritime pilot fails to meet professional requirements or does not meet the conditions prescribed by law. In case of suspension or replacement of a maritime pilot, the Master of the vessel being piloted must promptly inform the General Director of the pilot company and the General Director of the relevant Port Maritime Authority.

Responsibilities of pilots

1. Perform rights and obligations as prescribed in Articles 172, 173, 175, and related provisions of the Maritime Code of Vietnam.

Article 9Responsibilities of the pilot

1. Perform rights and obligations as prescribed in Articles 172, 173, 175, and related provisions of the Vietnam Maritime Code.

2. Strictly comply with the vessel pilotage arrangement proposed by the Ship Captain based on the directive of the Pilotage Company Director. In cases of refusal to pilot due to valid reasons, immediately report to both the Pilotage Company Director and the Maritime Port Office Director for prompt resolution.

3. Wear uniforms as prescribed by the Director General of the Vietnam Maritime Administration.

4. Strictly prohibit any actions that cause difficulties, harassment, or other negative behaviors towards enterprises or vessels requesting pilotage services.

Article 10. Exemptions and permissions for self-pilotage within mandatory pilotage areas

1. Foreign vessels with a gross tonnage under 100 GT, Vietnamese passenger vessels, oil-carrying vessels, liquefied gas carriers with a gross tonnage under 1,000 GT, and other Vietnamese vessels with a gross tonnage under 2,000 GT are exempt from maritime pilotage fees.

2. Vessels with a Vietnamese captain who has been issued a certificate of piloting competency and a certificate of piloting area suitability corresponding to the type of vessel and the pilotage area where the vessel operates are permitted to self-pilot but must notify the relevant Maritime Port Office in advance.

3. Encourage enterprises to organize training for pilots to enable self-pilotage in accordance with regulations.

1. Pilotage fees are a revenue source for the state budget. The Maritime Port Office collects and remits these fees to the state budget.

2. The Ministry of Transport shall issue standards for public service pilotage activities.

3. The Ministry of Finance shall establish unit prices for pilotage public service products based on the proposal of the Ministry of Transport; coordinate with the Ministry of Transport to define the financial mechanism for pilotage service activities.

Article 12. Responsibilities for managing maritime pilotage activities

1. The Ministry of Transport shall uniformly manage national maritime pilotage activities in Vietnam through the Vietnam Maritime Administration.

2. The Director General of the Vietnam Maritime Administration shall be responsible for:

a) Announcing the vessel pilotage routes in mandatory pilotage areas;

b) Specifying the minimum number of pilots of various categories and means of transporting pilots along each pilotage route;

c) Deciding on the allocation of pilotage activity areas or pilotage routes to pilotage companies.

3. The Maritime Port Office shall be responsible for managing maritime pilotage activities in its designated area according to this Decree and other relevant laws.

Chapter 3:
IMPLEMENTING PROVISIONS

Article 13. Reorganizing existing maritime pilotage units under the Vietnam Maritime Administration

The Minister of Transport shall decide on the separation and merger of existing maritime pilotage units under the Vietnam Maritime Administration into independent pilotage companies.

Article 14. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette and revokes all previous provisions inconsistent with this Decree.

Article 15Responsibility for Implementation

1. The Ministry of Transport shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, heads of agencies at the ministerial level, heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government, Directors of the Vietnam Maritime Administration, and related agencies, organizations, and individuals are responsible for implementing this Decree./.