Decision No. 19/2005/QĐ-BGTVT stipulates safety conditions for inland waterway vessels that must be registered but are not subject to inspection.

Pursuant to …;

Regulations on safety conditions for inland waterway vessels that must be registered but are not subject to inspection

must be registered but does not fall under inspection and examination requirements

THE MINISTER OF TRANSPORTATION

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

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government detailing the implementation of certain provisions of the Law on Inland Waterway Traffic;

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

At the proposal of the Director of the Science and Technology Department and the Director of the Vietnam Vehicle Inspection Agency,

DECISION:

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates safety conditions, methods for determining basic dimensions, determining carrying capacity, and marking safe draft lines for inland waterway vessels that must be registered but are not subject to inspection.

2. This Decision applies to:

a) Vessels without engines with a total deadweight from 1 ton to less than 5 tons or with a carrying capacity from 5 people to 12 people;

b) Vessels with main engine power under 5 horsepower or with a carrying capacity under 5 people.

3. This Decision does not apply to inland waterway vessels engaged in national defense, security, or fishing.

Article 2. Interpretation of Terms

In this Decision, the following terms shall be understood as follows:

1. Safety conditions are the minimum conditions of the vessel to ensure safety when the vessel operates on inland waterways.

2. Basic dimensions include: maximum length, maximum width, side height, and draft of the vessel.

3. Dry side is the height of the vessel's hull from the top edge of the safe draft mark to the deck edge.

4. Carrying capacity of the vessel is the total deadweight or number of people carried by the vessel corresponding to the safe draft mark.

5. Life-saving equipment are floating devices used as lifebuoys.

Article 3. Safety Conditions

1. The vessel's body must be sturdy, free from holes, and free from water leakage inside; it must have a white light if operating at night; passenger-carrying vessels must provide sufficient seating for passengers to balance on the vessel and must have adequate life-saving equipment for the permitted number of passengers.

2. The machinery installed on the vessel must be easy to start, secure, safe, and operate stably.

3. The dry side of cargo-carrying vessels must be at least 100mm; the dry side of passenger-carrying vessels must be at least 200mm.

4. The vessel must be measured to determine its dimensions, carrying capacity, and marked with a safe draft line.

Article 4. Determination of Basic Dimensions, Determination of Carrying Capacity, and Marking of Safe Draft Lines for Vessels

1. Determination of Basic Dimensions of the Vessel

a) Maximum length (denoted as L_max ), measured in meters, taken along the longitudinal centerline on the deck from the stern to the bow of the vessel;

b) Maximum width (denoted as B_max ), measured in meters, taken across the widest part of the vessel on the deck;

c) Side height (denoted as D), measured in meters, taken from the bottom of the vessel to the deck edge at the midpoint of the length L_max ;

d) Draft (denoted as d), measured in meters, taken from the bottom of the vessel to the top edge of the safe draft mark at the midpoint of the length L_max.

2. Determination of Carrying Capacity of the Vessel

a) For cargo-carrying vessels: carrying capacity is the total deadweight (from 1 ton to less than 5 tons) directly loaded and balanced on the vessel corresponding to a dry side of the vessel of 100mm.

b) For passenger-carrying vessels: carrying capacity is the number of people (from 5 people to 12 people for non-motorized vessels; and under 5 people for motorized vessels with main engine power under 5 horsepower) seated and balanced on the vessel corresponding to a dry side of the vessel of 200mm.

3. Marking of Safe Draft Lines for Vessels

The safe draft line of the vessel is marked with a paint line of a different color from the side color of the vessel, the paint line being 25mm thick and 250mm long horizontally on both sides at the midpoint of the length L_max ; 100mm from the deck edge for cargo-carrying vessels; 200mm from the deck edge for passenger-carrying vessels.

Article 5. Responsibilities of the vehicle owner

1. Measure basic dimensions, determine carrying capacity, and paint safe draft marks on the vehicle in accordance with Article 4 of this Decision. Bear responsibility for the accuracy of measurement data and the painting of safe draft marks on the vehicle.

2. Declare the safety conditions of the vehicle according to the form prescribed in Appendix 1 of this Decision.

3. Have the responsibility to maintain and ensure the safety conditions of the vehicle as stipulated in Article 3 of this Decision when the vehicle is in operation.

Article 6. Responsibilities of the registration authority

The Department of Transport (Public Works) or the agency authorized to register vehicles shall be responsible for registering the vehicle when the vehicle owner submits the declaration of safety conditions of the vehicle and complies with regulations on the registration of inland waterway vessels.

Article 7. Responsibilities of the inspection authority

Units under the Department of Transport (Public Works) or units under the Vietnam Maritime Administration Inspection Bureau shall be responsible for guiding the vehicle owner to determine basic dimensions, determine carrying capacity, and paint safe draft marks on the vehicle at the request of the vehicle owner to prepare the declaration of safety conditions of inland waterway vessels.

Article 8. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 9. Director of the Office; Inspector General; Heads of Departments: Science and Technology, Legal Affairs, Transportation, Cadre and Civil Servant Organization, Finance; Director of the Vietnam Maritime Administration Inspection Bureau; Director of the Vietnam Inland Waterways Administration; Directors of Departments of Transport, Public Works; Heads of organizations and individuals related to the scope of responsibilities to implement this Decision.