Circular No. 19/2013/TT-BGTVT on the application of international rules to prevent collisions between ships at sea

CIRCULAR

Regulations on the application of international rules

for to prevent collision between ships at sea

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the International Regulations for Preventing Collisions at Sea 1972, as amended in 1981, 1987, 1989, 1993, 2001, and 2007, adopted by the International Maritime Organization;

Considering the proposals of the Director of the Vietnam Maritime Administration and the Director of the Department of Transport Safety;

The Minister of Transport hereby promulgates these Circulars regulating the application of the International Regulations for Preventing Collisions at Sea,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These Circulars regulate the application of the International Regulations for Preventing Collisions at Sea 1972 and its amendments and supplements.

2. This Circular applies to:

a) Seagoing vessels, military vessels, public service vessels, fishing vessels, inland waterway vessels, and seaplanes of Vietnam operating in port waters, shipping channels, and Vietnamese territorial seas and high seas;

b) Foreign seagoing vessels operating in port waters, shipping channels, and Vietnamese territorial seas.

Article 3. In case the International Maritime Organization amends or supplements the International Regulations for Preventing Collisions at Sea, such amendments and supplements shall be applied.

Article 2. Liability

Article 1. No provision in these Circulars shall exempt a ship or its owner, master, or crew from liability for consequences arising from non-compliance with the provisions of these Circulars or from neglecting any precaution required by usual practice or special circumstances.

Article 2. When interpreting and applying the provisions of these Circulars, due regard must be given to all dangers to navigation and collision, as well as to all special circumstances, including limitations imposed by the nature of a vessel that make it impossible to comply with the provisions of these Circulars to avoid immediate danger.

Article 3. Explanation of Terms

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

Article 1. "Vessel" means any waterborne craft or floating device used or capable of being used for transportation on water, including non-displacement vessels, hovercraft, and seaplanes.

Article 2. "Mechanical vessel" means a vessel propelled by machinery.

Article 3. "Sailing vessel" means a vessel propelled solely by sails, including a vessel equipped with mechanical propulsion but not using it for propulsion.

Article 4. "Fishing vessel engaged in fishing" means a vessel engaged in fishing with nets, lines, trawls, or other fishing gear which restricts her ability to maneuver, but does not include a vessel engaged in fishing with lines or other gear that do not restrict her ability to maneuver.

Article 5. "Seaplane" means an aircraft capable of operation on water.

Article 6. "Vessel restricted in her ability to maneuver" means a vessel which, due to some exceptional circumstance, is unable to maneuver as required by these Circulars and therefore cannot keep out of the way of another vessel.

Article 7. "Vessel restricted in her ability to maneuver" means a vessel whose ability to maneuver is restricted by the work she is engaged in and therefore cannot keep out of the way of another vessel. "Vessel restricted in her ability to maneuver" includes the following specific cases:

a) A vessel engaged in laying, picking up, or maintaining buoys, cables, or pipelines;

b) A vessel engaged in dredging, surveying, or underwater operations;

c) A vessel engaged in replenishment while underway, transferring personnel, food, or cargo;

d) A vessel engaged in servicing aircraft taking off or landing;

e) A vessel engaged in mine clearance operations;

f) A vessel engaged in towing operations which prevent her from altering course.

Article 8. "Vessel restricted in her draft" means a mechanically propelled vessel whose ability to deviate from her course is severely restricted due to the relationship between her draft and the depth and width of the water available.

Article 9. "Vessel underway" means a vessel not at anchor, nor made fast to the shore, nor aground.

Article 10. "Length" and "breadth" of a vessel mean the maximum length and breadth of the vessel.

Article 11. A vessel is only considered to be in sight of another vessel when she can see it with the naked eye.

Article 12. "Restricted visibility" means a state in which visibility is restricted by fog, mist, rain, snow, sandstorms, or any other similar causes.

Article 13. "Hovercraft" means a vessel capable of moving by several modes of operation, and when in its principal mode of operation, it skims the surface of the water by virtue of surface effect.

Chapter II

RULES OF NAVIGATION AND MANOEUVRE

Section 1

NAVIGATION IN ALL CONDITIONS OF VISIBILITY

Article 4. Scope of Regulation of Section I Chapter II of the Circular

The provisions of this Section apply under all conditions of distant visibility.

Article 5. Lookout

All vessels must continuously maintain lookout by sight and hearing in a proper manner, and must use all available equipment appropriate to the circumstances and current conditions to fully assess the situation and collision risk.

Article 6. Safe Speed

All vessels must always maintain a safe speed so that they can effectively manage to avoid collisions and be able to stop within the necessary distance limits in permissible circumstances and conditions. To determine a safe speed, the following factors must be considered:

1. For all vessels:

a) Conditions of distant visibility;

b) Traffic density, including the concentration level of fishing vessels or any other types of vessels;

c) Maneuvering capability and particularly the necessary stopping distance for the vessel and its ability to turn under existing conditions;

d) At night, the presence of shore lights or the diffusion of light from vessel lights;

đ) Wind, sea wave, ocean current conditions, and proximity to maritime obstructions;

e) The relationship between draft and available depth.

2. For vessels using radar:

a) Characteristics, effectiveness, and limitations of the radar equipment;

b) Limitations in the use of radar range scales;

c) Sea conditions, meteorological factors, and other sources of radar interference affecting target detection;

d) Radar's inability to detect small vessels, ice floes, and other floating objects at suitable distances;

đ) Radar's ability to detect the number, position, and movement of vessels;

e) The accuracy of assessing distant visibility when using radar to measure distance to vessels or nearby targets.

Article 7. Risk of Collision

1. Vessels must use all available equipment appropriate to the circumstances and current conditions to determine if there is a risk of collision. If it cannot be confirmed, it must be assumed that such a risk exists.

2. Fully utilize the vessel's radar equipment, observe at long ranges early to detect collision risks and conduct radar avoidance maneuvers or systematically track detected targets.

3. Do not draw conclusions based on incomplete information, especially information provided by radar.

4. In determining whether there is a risk of collision, consider the following factors:

a) There is a risk of collision when the bearing of the vessel does not noticeably change;

b) A collision risk may still occur even if a noticeable change in bearing is observed, particularly when approaching a very large vessel, a tug convoy, or another vessel at close range.

Article 8. Action to Avoid Collision

1. When performing collision avoidance maneuvers as prescribed in this Chapter, if circumstances permit, they must be carried out decisively, promptly, and in accordance with the experience of experienced seafarers.

2. When changing course or speed, or both simultaneously, to avoid collision, if circumstances permit, changes must be significant enough to be easily recognized visually or by radar; avoid making gradual changes to course or speed.

3. If there is sufficient water area, changing course alone may be considered the most effective action to avoid getting too close to another vessel, provided that the maneuver is timely, effective, and does not lead to another dangerous situation.

4. Collision avoidance actions with another vessel are actions leading to passing at a safe distance. The effectiveness of collision avoidance actions must be carefully checked until the other vessel has completely passed and is far away.

5. If necessary to avoid collision or to gain more time to assess situations, vessels must reduce speed or stop propulsion by stopping engines or reversing.

6. Vessels that, according to the provisions of this Circular, shall not obstruct the safe passage of other vessels, when circumstances require, must maneuver early to provide sufficient distance for the safe passage of the other vessel.

7. Vessels shall not obstruct the safe passage of other vessels, and shall not be exempted from responsibility if they approach another vessel to the extent that it leads to a collision risk, and when maneuvering, they must fully comply with the provisions of this Chapter.

8. Priority vessels, which are not obstructed by other vessels in their passage, still have the obligation to fully comply with the provisions of this Chapter when two vessels approach each other with a risk of collision.

Article 9. Navigation in Narrow Channels

1. Vessels navigating in narrow channels or ship canals, if practical conditions allow and ensure safety, must stay close to the right-hand side of the channel or canal.

2. Vessels less than 20 meters in length or sailing vessels shall not obstruct vessels that can only safely navigate within the limits of a narrow channel.

3. Fishing vessels shall not obstruct other vessels navigating within the limits of a narrow channel.

4. Vessels shall not cross a narrow channel if doing so would obstruct vessels that can only safely navigate within the limits of that narrow channel. The vessel being cut off may use the signals prescribed in Clause 4, Article 34 of this Circular if it suspects the other vessel intends to cross its path.

5. Overtaking in a channel or narrow channel:

a) In a channel or narrow channel, overtaking is only permitted when the overtaken vessel has maneuvered to allow safe overtaking, and the vessel intending to overtake must give appropriate sound signals indicating its intention as prescribed in Point a, Clause 3, Article 34 of this Circular. If the overtaken vessel agrees, it must give appropriate sound signals as prescribed in Point b, Clause 3, Article 34 of this Circular and maneuver to allow the other vessel to pass safely. If there is still doubt, the signals prescribed in Clause 4, Article 34 of this Circular may be given.

b) This does not exempt vessels overtaking from complying with the requirements set forth in Article 13 of this Circular.

6. Vessels approaching a bend or a narrow section of the channel where other vessels may not be visible due to obstructions shall proceed with particular caution, enhance vigilance, and sound appropriate signals as prescribed in Clause 5 of Article 34 of this Circular.

7. If circumstances permit, all vessels must avoid anchoring in narrow channels.

Article 10. Navigation in Traffic Separation Schemes

1. This applies to traffic separation schemes that have been accepted by the International Maritime Organization and it does not relieve any vessel from its obligations under any other provision.

2. Vessels navigating within a traffic separation scheme must:

a) Follow the designated traffic lane and the general direction of traffic flow within that lane;

b) To the extent practicable, keep clear of the separation zone or separation line of the traffic separation scheme;

c) In general, enter or leave the traffic separation scheme at its ends, but when entering or leaving from either side within the scheme, they must do so on a course as nearly as practicable at right angles to the general direction of traffic flow;

3. If feasible, vessels must avoid crossing the traffic separation scheme, but if necessary to cross the scheme, they must do so on a course as nearly as practicable at right angles to the general direction of the channel.

4. Use of waters adjacent to shore:

a) Vessels shall not use waters adjacent to shore for passage when such vessels can safely navigate through an appropriate traffic lane contiguous to the traffic separation scheme. However, vessels less than 20 meters in length, sailing vessels, and fishing vessels may use waters adjacent to shore.

b) Notwithstanding the provisions of point a of this clause, vessels may use waters adjacent to shore when such vessels are on a course to enter or leave a port, offshore structure or facility, pilot station, or any other location within waters adjacent to shore, or to avoid an imminent danger.

5. Generally, vessels that are not entering, leaving, or crossing the traffic separation scheme shall not enter or cross the separation zone or separation line of the traffic separation scheme except:

a) In case of emergency to avoid an imminent danger;

b) For fishing within the separation zone.

6. Vessels navigating near the ends of a traffic separation scheme must exercise extreme caution.

7. To the extent practicable, vessels should avoid anchoring within the limits of the traffic separation scheme or in areas close to the ends of the scheme.

8. Vessels not using the traffic separation scheme must navigate at a sufficient distance from the scheme as practicable.

9. Fishing vessels must not impede the passage of any vessel navigating within the traffic separation scheme.

10. Vessels less than 20 meters in length or sailing vessels must not impede the passage of motor vessels navigating within the traffic separation scheme.

11. Vessels restricted in their ability to maneuver while engaged in tasks ensuring maritime safety within the traffic separation scheme are exempted from compliance with the requirements set forth in this Article to the extent necessary to perform those tasks.

12. Vessels restricted in their ability to maneuver while performing tasks of laying, maintaining, or retrieving submarine cables within the traffic separation scheme are exempted from compliance with the requirements set forth in this Article to the extent necessary to perform those tasks.

PART II

Article ON OBSERVING OTHER VESSELS

BY DAY

Article 11. Scope of Regulation of Section II Chapter II of the Circular

The provisions of this Section apply to vessels when they see each other with the naked eye.

Article 12. Sailing Vessels

1. When two sailing vessels approach each other with a risk of collision, one of them must give way to the other according to the following rules:

a) When two sailing vessels are on opposite tacks, the vessel on the starboard tack must give way to the vessel on the port tack;

b) When both sailing vessels are on the same tack, the vessel going with the wind must give way to the vessel going against the wind;

c) If a sailing vessel on the port tack sees another vessel ahead but cannot determine whether that vessel is on the port or starboard tack, it must give way to that vessel.

2. For the purposes of this Article, the windward side of a sailing vessel is the side opposite to the side where the main sail is being blown by the wind, or in the case of a vessel with a square rig, the side opposite to the side where the largest fore-and-aft sail is being blown by the wind.

Article 13. Overtaking Vessels

1. Irrespective of any provisions in Section I and Section II Chapter II, all overtaking vessels must have the responsibility to give way to the vessel being overtaken.

2. A vessel is considered an overtaking vessel when it approaches another vessel from more than 22.5° abaft the beam of the latter, i.e., at night, the overtaking vessel can only see the stern light of the vessel being overtaken and not its sidelights.

3. In cases of doubt as to whether a vessel is overtaking another vessel or not, it shall be deemed to be an overtaking vessel and appropriate maneuvers shall be made.

4. Any subsequent changes in the relative positions of the two vessels shall not be considered as the overtaking vessel changing course to cross ahead of the other vessel under this Circular, nor shall it relieve the overtaking vessel of its obligation to give way until the overtaking vessel has passed safely clear and is well clear astern of the vessel being overtaken.

Article 14. Head-on Situations

1. When two power-driven vessels meet head-on or nearly head-on with a risk of collision, each vessel must turn to starboard so that both vessels pass each other on their port sides.

2. Vessels are considered to be meeting head-on when one vessel sees another vessel directly ahead or nearly ahead of its bow and:

a) At night, it sees the masthead lights of the other vessel in a line or nearly in a line or sees both sidelights;

b) During the day, it observes the other vessel under an angle corresponding to the angle at which the other vessel observes it.

3. In cases where a vessel cannot ascertain whether it is meeting another vessel head-on or not, it shall be deemed to be meeting head-on and appropriate maneuvers shall be made.

Article 15. Crossing Situations

When two power-driven vessels are crossing such that there is a risk of collision, the vessel which has the other on its starboard side must give way to the other and if the circumstances permit, must avoid passing ahead of the other vessel.

Article 16. Actions of vessels required to give way

Vessels that have the responsibility to give way to other vessels must, when conditions permit, promptly and decisively maneuver to keep well clear of the other vessels.

Article 17. Actions of vessels being given way

1. General principles:

a) When a vessel is being given way by another vessel, it shall maintain its course and speed;

b) If the vessel being given way determines that the vessel required to give way has not acted appropriately according to this Circular, then the vessel being given way may take action on its own to avoid collision.

2. When a vessel being given way maintains its course and speed and notices that it is very close to the other vessel and cannot avoid the risk of collision relying solely on the maneuvers of the other vessel, it must also take the best possible measures to maneuver its vessel to avoid collision.

3. A power-driven vessel maneuvering to avoid collision with another power-driven vessel crossing its path as specified in point b Clause 1 of this Article, if circumstances permit, shall not change course to starboard if the other vessel is on its starboard side.

4. This provision does not exempt a vessel required to give way from its responsibility towards other vessels.

Article 18. Relative responsibilities between vessels

Except for the cases stipulated in Articles 9, 10, and 13 of this Circular, specifically:

1. Power-driven vessels underway must give way to:

a) Vessels unable to maneuver;

b) Vessels restricted in their ability to maneuver;

c) Fishing vessels;

d) Sailing vessels.

2. Sailing vessels underway must give way to:

a) Vessels unable to maneuver;

b) Vessels restricted in their ability to maneuver;

c) Fishing vessels.

3. Fishing vessels underway, to the extent necessary, must give way to:

a) Vessels unable to maneuver;

b) Vessels restricted in their ability to maneuver.

4. Vessels restricted in draft:

a) Any vessel, except those unable to maneuver or restricted in their ability to maneuver, if circumstances permit, shall not impede the safe passage of vessels restricted in draft displaying signals as prescribed in Article 28 of this Circular;

b) Vessels restricted in draft must act with extreme caution and pay particular attention to their situation.

5. Watercraft operating on water surfaces, generally must keep clear of all vessels and not obstruct their movements. However, when there is a risk of collision, watercraft must also comply with the provisions of this Chapter.

6. Air cushion vehicles:

a) Air cushion vehicles when taking off, landing, or flying close to the water surface must keep clear of other vessels and avoid hindering their operations;

b) Air cushion vehicles when moving on the water surface must comply with the provisions of this Section as power-driven vessels.

Chapter III

NAVIGATION OF VESSELS IN REDUCED VISIBILITY

Article 19. Navigation of vessels in reduced visibility

1. This applies to vessels that cannot see each other visually while navigating in or near areas where visibility is restricted.

2. All vessels must navigate at a safe speed appropriate to the prevailing circumstances and restricted visibility conditions. Power-driven vessels must have their engines ready for immediate maneuvering when necessary.

3. When applying the provisions of Section I of this Chapter, all vessels must exercise extreme caution and consider their actions in accordance with the actual circumstances and restricted visibility conditions.

4. Vessels that can only detect other vessels by radar must determine whether the situation will lead to a close-quarters situation or collision, and if such a situation occurs, they must take timely measures; if the chosen measure is to change course, to the extent possible, they should avoid:

a) Changing course to port when the other vessel is ahead of the beam and is not overtaking;

b) Changing course towards a vessel located broad on the beam or abaft the beam of their vessel.

5. Unless it is certain that there is no risk of collision, every vessel hearing the fog signal of another vessel estimated to be forward of the beam or unable to avoid a close-quarters situation with a vessel forward of the beam must reduce speed to the minimum necessary to maintain steerage-way. If deemed necessary, the vessel must stop and reverse, and in all situations, it must maneuver with extreme caution until the risk of collision is eliminated.

Chapter III

LIGHTS AND SIGNALS

Article 20. Scope of Regulation of Chapter III of the Circular

1. The provisions of this Chapter shall be applied under all weather conditions.

2. The provisions concerning lights shall be applied from sunset to sunrise and during this period vessels shall not display other lights that may cause confusion with the lights prescribed in this Article or reduce visibility at a distance or impair their distinctive character or interfere with the proper lookout.

3. Lights prescribed in this Circular may also be displayed from sunrise to sunset when visibility is restricted or in other circumstances considered necessary.

4. The provisions relating to shapes shall be applied during daylight hours.

5. The lights and shapes prescribed in Clauses 1, 2, 3, and 4 of this Article shall comply with the requirements set forth in Appendix I of this Circular.

Article 21. Definitions

1. "Stern light" means a white light placed on the vertical plane of the vessel's stern, showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side.

2. "Side lights" mean a green light on the starboard side and a red light on the port side, each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side.

On vessels less than 20 meters in length, the side lights may be combined in one lantern carried on the vertical plane of the vessel.

3. "Steering light" means a white light placed as far forward as practicable on the vessel's steering position, showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light from right ahead to 67.5 degrees on each side.

4. "Towing light" means a yellow light having the characteristics of the steering light prescribed in Clause 3 of this Article.

5. "All-round light" means a light showing an unbroken light over an arc of the horizon of 360 degrees.

6. "Flashing light" means a light flashing at regular intervals of not more than 120 flashes per minute.

Article 22. Visibility of Lights

The lights described in these Articles shall have sufficient luminous intensity as prescribed in Point 8 of Appendix I of this Circular to be visible at the following minimum distances:

1. On vessels 50 meters in length or more, there must be:

a) A masthead light visible for six nautical miles;

b) Side lights visible for three nautical miles;

c) A stern light visible for three nautical miles;

d) A towing light visible for three nautical miles;

e) A white, red, green or yellow all-round light visible for three nautical miles.

2. On vessels 12 meters in length or more but less than 50 meters, there must be:

a) A masthead light visible for five nautical miles, if the vessel's length is less than 20 meters then three nautical miles;

b) Side lights visible for two nautical miles;

c) A stern light visible for two nautical miles;

d) A towing light visible for two nautical miles;

e) A white, red, green or yellow all-round light visible for two nautical miles.

3. On vessels less than 12 meters in length, there must be:

a) A masthead light visible for two nautical miles;

b) Side lights visible for one nautical mile;

c) A stern light visible for two nautical miles;

d) A towing light visible for two nautical miles;

e) A white, red, green or yellow all-round light visible for two nautical miles.

4. On small vessels difficult to detect or on objects being towed, there must be a white all-round light visible for three nautical miles.

Article 23. Power-driven vessels underway

1. Power-driven vessels underway shall exhibit:

a) A masthead light forward;

b) A second masthead light aft higher than the forward masthead light. However, power-driven vessels less than 50 meters in length need not carry a second masthead light;

c) Side lights;

d) A stern light.

2. Power-driven vessels running on air cushion in a state without waterborne support while underway, in addition to the lights prescribed in Clause 1 of this Article, shall exhibit a yellow flashing light all-round.

3. Air cushion vessels with wings when taking off, landing or flying close to the surface, in addition to the provisions of Clause 1 of this Article, shall exhibit a high-intensity red flashing light all-round.

4. Power-driven vessels less than 12 meters in length:

a) Power-driven vessels less than 12 meters in length may substitute the lights prescribed in Clause 1 of this Article with a white all-round light and side lights;

b) Power-driven vessels less than seven meters in length and whose speed does not exceed seven knots may substitute the lights prescribed in Clause 1 of this Article with a white all-round light. Such vessels may also exhibit side lights if practicable;

c) Power-driven vessels less than 12 meters in length, if it is impracticable to install a masthead light or a white all-round light on the vertical plane of the vessel, such lights may be installed on a plane equivalent to the vertical plane, provided that the side lights are combined in one light installed on the vertical plane or installed on the same plane as the masthead light or all-round light if practicable.

Article 24. Tugboats and Pushboats

1. Motor vessels engaged in towing shall display:

a) In lieu of the lights prescribed in point a Clause 1 or point b Clause 1 Article 23 of this Circular, two masthead lights on the same vertical line. If the length of the tow from the stern of the tug to the aftmost part of the tow exceeds 200 meters, three such lights shall be displayed;

b) Side lights;

c) Stern light;

d) A towing light vertically below and aft of the stern light;

đ) An all-round diamond shape signal at the most visible location if the length of the tow exceeds 200 meters.

2. When a motor vessel pushes another vessel ahead and they are joined together to form a single rigid unit, it shall be considered a motor vessel and shall display the lights prescribed in Article 23 of this Circular.

3. Motor vessels when pushing ahead or alongside another vessel without forming a single rigid unit shall display:

a) Two masthead lights on the same vertical line in place of the lights prescribed in point a Clause 1 or point b Clause 1 Article 23 of this Circular;

b) Side lights;

c) Stern light.

4. Motor vessels must comply with the provisions of Clause 1 or Clause 3 of this Article and also adhere to the provisions of point b Clause 1 Article 23.

5. Vessels or objects being towed, except those specified in Clause 7 of this Article, shall display:

a) Side lights;

b) Stern light.

c) An all-round diamond shape signal at the most visible location if the length of the tow exceeds 200 meters.

6. Regardless of the number of vessels being pushed alongside or pushed ahead in a group, each vessel must display lights as a separate vessel:

a) For vessels being pushed ahead, side lights forward shall be displayed if not part of a single rigid unit;

b) For vessels being pushed alongside, a stern light and side lights forward shall be carried.

7. Difficult-to-detect vessels or objects being towed, or combinations of such vessels or objects being towed, shall display:

a) When their breadth is less than 25 meters, one all-round white light placed at the foremost part of the vessel or near there, and another all-round white light placed at the sternmost part of the vessel or near there, except for liquid-filled "cylindrical bags" which cannot have lights placed at the foremost part or near there;

b) When their breadth is 25 meters or more, two additional all-round white lights shall be placed at the widest points of the vessel or near there;

c) When their length exceeds 100 meters, additional all-round white lights shall be placed according to point a and point b, but the distance between these lights shall not exceed 100 meters.

d) An all-round diamond shape signal at the sternmost part of the vessel or object being towed or near there, and when the length of the tow exceeds 200 meters, an additional all-round diamond shape signal shall be placed at the most visible location.

8. When vessels or objects being towed cannot display the lights or signals prescribed in Clause 5 or Clause 7 of this Article, every possible means shall be used to illuminate the vessel or object being towed or at least indicate its presence.

9. When ordinary vessels engaged in towing duties cannot carry the lights prescribed in Clause 1 or Clause 3 of this Article, such as when towing distressed vessels or vessels requiring assistance, the towing vessel is not necessarily required to display these lights, but shall take all possible measures to demonstrate the relationship between the towing vessel and the vessel being towed as prescribed in Article 36 of this Circular, primarily by illuminating the towing line.

Article 25. Sailing vessels underway and rowing boats

1. Sailing vessels underway must display:

a) Side lights;

b) Stern light.

2. For sailing vessels with a length of less than 20 meters, the lights prescribed in Clause 1 of this Article may be combined into a three-color light placed at the top of the mast or near the sailmast, where it can be seen most clearly.

3. Sailing vessels underway, in addition to the lights prescribed in Clause 1 of this Article, may also display two lights showing all around the horizon on a vertical line at the top of the mast or near the top of the sailmast, where they can be seen most clearly: red above, green below, but these lights shall not be displayed together with the combined light mentioned in Clause 2 of this Article.

4. Sailing vessels with a length of less than 7 meters, if possible, must display the lights prescribed in Clause 1 or Clause 2 of this Article. When unable to display such lights, they must have a flashlight or a hand-held lamp ready to emit white light to be shown promptly to avoid collision risk.

5. Rowing boats may display lights as prescribed for sailing vessels, but when unable to display such lights, they must have a flashlight or a hand-held lamp ready to emit white light to be shown promptly to avoid collision risk.

6. Vessels underway under both sail and engine must display at the foremost part where it can be seen most clearly a cone-shaped signal with its apex pointing downwards.

Article 26. Fishing vessels

1. Fishing vessels underway or at anchor only need to display the lights and signals prescribed in this Article.

2. Fishing vessels using trawling nets or other fishing gear dragged underwater must display:

a) Two lights showing all around the horizon on a vertical line, the upper one green, the lower one white, or a signal consisting of two cones with their apices facing each other, one placed above the other on a vertical line;

b) A high mast light placed above the rear light, showing all around the horizon, green in color. Vessels with a length of less than 50 meters may or may not have this light;

c) When the vessel is still moving, in addition to the lights prescribed in this Clause, they must also display side lights and stern lights.

3. Fishing vessels using fishing gear that is not a trawl net or other gear dragged underwater must display:

a) Two lights showing all around the horizon on a vertical line, the upper one red, the lower one white, or a signal consisting of two cones with their apices facing each other, one placed above the other on a vertical line;

b) When the fishing gear is spread over the sea more than 150 meters away from the vessel horizontally, they must display a white light showing all around the horizon or hoist a cone-shaped signal with its apex upwards on the side where the fishing gear is located;

c) When the vessel is still moving, in addition to the lights prescribed in this Clause, they must also display side lights and stern lights.

4. The signals prescribed in Appendix II of this Circular apply to fishing vessels operating close to each other.

5. Fishing vessels, when not engaged in fishing operations, shall not display the lights or signals prescribed in this Article but shall display the lights or signals prescribed for vessels of the same length.

Article 27. Vessels失去能力的和受到限制的操纵能力的船舶

1. Vessels失去能力的must display:

a) Two red lights showing all around the horizon, placed vertically where they can be seen most clearly;

b) Two spheres or similar shapes placed vertically where they can be seen most clearly;

c) When the vessel is still moving, in addition to the lights prescribed in this Clause, they must also display side lights and stern lights.

2. Vessels受到限制的操纵能力的, except those engaged in mine clearance operations, must display:

a) Three lights showing all around the horizon, placed vertically where they can be seen most clearly, the upper and lower ones red, the middle one white;

b) Three shapes placed vertically where they can be seen most clearly, the upper and lower ones spheres, the middle one diamond;

c) When the vessel is anchored, in addition to the lights or shapes prescribed in points a and b of Clause 2 of this Article, they must also display the lights or shapes prescribed in Article 30 of this Circular;

d) When the vessel is anchored, in addition to the lights or shapes prescribed in points a and b of Clause 2 of this Article, they must also display the lights or shapes prescribed in Article 30 of this Circular.

3. Motor vessels engaged in towing operations that are restricted in their ability to maneuver due to the tug and the towed vessel being unable to deviate from their course must, in addition to the lights or shapes prescribed in points a and b of Clause 2 of this Article, also display the lights or shapes prescribed in Clause 1 of Article 24 of this Circular.

4. Vessels engaged in dredging or underwater work that are restricted in their ability to maneuver must display the lights and shapes prescribed in points a, b, and c of Clause 2 of this Article, and in cases where they obstruct the passage of other vessels, they must also display:

a) Two red lights showing all around the horizon or two spheres hung vertically on the side causing obstruction;

b) Two green lights showing all around the horizon or two diamonds hung vertically on the safe side where other vessels can pass;

c) When the vessel is anchored, they must display the lights or shapes prescribed in points a and b of this Clause instead of the lights or shapes prescribed in Article 30 of this Circular.

5. In cases where the size of the vessel engaged in underwater work does not allow the display of all the lights and shapes prescribed in Clause 4 of this Article, the vessel must display:

a) Three lights showing all around the horizon hung vertically where they can be seen most easily. The upper and lower ones red, the middle one white;

b) An international signal flag "A" made of a rigid material at least 1 meter high. Measures must be taken to ensure that this flag can be seen from all directions.

6. Vessels engaged in mine clearance operations, in addition to the lights prescribed for motor vessels under Article 23 of this Circular or for anchored vessels under Article 30 of this Circular, must also display three green all-round lights or three spheres at the top of the forward mast, with the remaining two green lights or spheres placed on each side of the crossbar of the forward mast. These lights or marks indicate to other vessels the danger of approaching within 1000 meters of a vessel engaged in mine clearance operations.

7. Vessels less than 12 meters in length, except those engaged in underwater work, are not required to display the lights and marks prescribed in this Article.

8. The signals prescribed in this Article are not distress signals requiring assistance. Distress signals requesting rescue are prescribed in Appendix IV of this Circular.

Article 28. Vessels restricted in their ability to maneuver

In addition to the lights prescribed for such vessels under Article 23 of this Circular, vessels restricted in their ability to maneuver may also display three all-round red lights in a vertical line or a cylindrical shape in the most conspicuous place.

Article 29. Pilot vessels

1. A pilot vessel on pilotage duty shall exhibit:

a) Two all-round lights in a vertical line on the top or near the top of the mast, the upper light being white and the lower light being red;

b) When underway, in addition to the lights mentioned above, also exhibit side lights and stern light;

c) When at anchor, in addition to the lights prescribed in point a of paragraph 1, also exhibit the lights and marks prescribed for anchored vessels under Article 30 of this Circular.

2. When not on pilotage duty, a pilot vessel shall exhibit the lights or marks appropriate to its length as prescribed for similar vessels.

Article 30. Anchored vessels and vessels aground

1. An anchored vessel shall exhibit in the most conspicuous place:

a) At the bow, one all-round white light or a ball;

b) At the stern or near the stern, one all-round white light, placed lower than the light prescribed in point a.

2. Vessels less than 50 meters in length may exhibit one all-round white light in the most conspicuous place instead of the lights prescribed in paragraph 1 of this Article.

3. Anchored vessels may also use existing working lights or equivalent lights to illuminate the deck. For vessels 100 meters or longer in length, this requirement is mandatory.

4. A vessel aground shall exhibit the lights prescribed in paragraphs 1 or 2 of this Article and shall also hoist in the most conspicuous place:

a) Two all-round red lights in a vertical line;

b) Three balls in a vertical line.

5. Vessels less than 7 meters in length, when anchored or aground and not lying in or near channels or traffic separation schemes, anchorage areas, or frequently used waters, are not required to exhibit the lights or marks prescribed in paragraphs 1, 2, and 4 of this Article.

6. Vessels less than 12 meters in length, when aground, are not required to exhibit the lights or marks prescribed in points a and b of paragraph 4 of this Article.

Article 31. Seaplanes

In the case of seaplanes or hovercraft with wings that cannot display lights or marks with characteristics and positions as prescribed in the Articles of this Chapter, they should display lights and marks as close as possible to the requirements of this Circular.

Chapter IV

SOUND AND LIGHT SIGNALS

Article 32. Definitions

1. "Horn" means a device capable of producing sound as prescribed in Appendix III of this Circular.

2. "Short blast" means a blast lasting about one second.

3. "Long blast" means a blast lasting from four to six seconds.

Article 33. Sound-signalling appliances

1. Vessels 12 meters or more in length must be equipped with a horn; vessels 20 meters or more in length, in addition to the horn, must also be equipped with a bell; vessels 100 meters or more in length, in addition to the horn and bell, must also be equipped with a gong whose sound cannot be confused with that of the bell. The horn, bell, and gong must meet the requirements prescribed in Appendix III of this Circular. The bell or gong, or both, may be replaced by other devices having similar acoustic characteristics provided that they can always produce sound signals manually upon command.

2. Vessels less than 12 meters in length are not required to have the sound signal equipment prescribed in paragraph 1 of this Article, and if not equipped with such equipment, they must be equipped with other effective sound signaling appliances.

Article 34. Maneuvering and warning signals

1. When vessels can see each other by sight, a motor vessel wishing to maneuver its own vessel must give sound signals as prescribed in this Circular using the horn:

One short blast means: "I intend to alter my course to starboard";

Two short blasts mean: "I intend to alter my course to port";

Three short blasts mean: "My engines are going astern."

2. In addition to the sound signals prescribed in paragraph 1 of this Article, any vessel may also use repeated light signals as necessary during the maneuvering time:

a) The light signals have the following meanings:

One flash means: "I am altering my course to starboard";

Two flashes mean: "I am altering my course to port";

Three flashes mean: "My engines are going astern."

b) Each flash must last about one second, with intervals between flashes of about one second, and intervals between successive signals of at least ten seconds;

c) The light used for these signals (if any) must be an all-round white light visible at a distance of at least five nautical miles and must comply with the requirements in Appendix I of this Circular.

3. When vessels can see each other by sight in narrow channels or fairways:

a) A vessel intending to overtake another vessel as prescribed in point a of paragraph 3 of Article 9 of this Circular must give its intention by sound signals as follows:

Two long blasts followed by one short blast (--.) mean: "I intend to overtake you on your starboard side."

Two long blasts followed by two short blasts (--..) mean: "I intend to overtake on your starboard side".

b) The vessel being overtaken shall maneuver in accordance with the provisions of point a, Clause 3, Article 9, and must signal its consent to the overtaking vessel by sounding four blasts consisting of one long, one short, one long, and one short blast (-.-.).

4. When vessels see each other visually and are approaching each other, for some reason if one vessel does not understand the intention or action of the other vessel, or doubts whether the other vessel has taken sufficient measures to avoid collision, then that vessel must immediately express its doubt by sounding at least five rapid short blasts continuously. Along with this signal, it may also emit a light signal, consisting of at least five rapid short flashes continuously.

5. Vessels approaching a bend, a curve in a river, or a section of a channel where another vessel may be obscured by obstructions, must sound one prolonged blast. Vessels on the opposite side of the bend or behind the obstruction hearing the sound must respond with the same prolonged blast.

6. If a vessel is equipped with multiple horns placed more than 100 meters apart from each other, only one horn need be used when sounding maneuvering signals and warning signals.

Article 35. Sound Signals When Visibility is Restricted

When in or near an area where visibility is restricted, both day and night, the signals prescribed in this Article shall be used as follows:

1. A power-driven vessel still on way must sound one prolonged blast every two minutes.

2. A power-driven vessel underway but stopped and no longer making way must sound two prolonged blasts in succession, each separated by about two seconds, every two minutes.

3. A vessel unable to maneuver, a vessel restricted in her ability to maneuver, a vessel restricted in her draught, a sailing vessel, a fishing vessel, and a vessel towing or pushing another vessel, must sound three successive blasts consisting of one prolonged blast followed by two short blasts every two minutes instead of the signals prescribed in Clauses 1 or 2 of this Article.

4. A fishing vessel at anchor and a vessel restricted in her ability to maneuver performing her duties at anchor must sound the signal prescribed in Clause 3 of this Article instead of the signal prescribed in Clause 7 of this Article.

5. A vessel being towed, if there are more than one, the last vessel in the group if manned must sound four successive blasts consisting of one prolonged blast followed by three short blasts (-...) every two minutes. If possible, this signal must be sounded immediately after the signal of the towing vessel.

6. A vessel towing and the vessel being pushed ahead which are securely bound together must be regarded as a power-driven vessel and must sound the signals prescribed in Clauses 1 or 2 of this Article.

7. A vessel at anchor must ring a bell rapidly for about five seconds every minute. For vessels over 100 meters in length, the bell signal must be sounded at the bow and immediately followed by ringing a gong rapidly for about five seconds at the stern. A vessel at anchor may also sound a signal consisting of three successive blasts: one short, one prolonged, and one short blast (.-.) to indicate its position and the possibility of collision danger to approaching vessels.

8. A vessel aground, in addition to sounding the bell signal and if required, striking the gong according to the provisions of Clause 7 of this Article, must also strike three separate bell strikes immediately before and after each bell ring. A grounded vessel may also sound additional appropriate whistle signals.

9. Vessels between 12 meters and under 20 meters in length are not required to sound the bell signals prescribed in Clauses 7 and 8 of this Article. However, when not sounding the bell, they must sound other appropriate audible signals within two seconds.

10. Vessels less than 12 meters in length are not required to sound the audible signals prescribed above, but when not sounding them, they must sound other effective audible signals every two minutes.

11. A pilot vessel on pilotage duty, in addition to the signals prescribed in Clauses 1, 2, and 7 of this Article, may also sound an identification signal consisting of four short blasts.

Article 36. Signals to Attract Attention

Any vessel, upon considering it necessary to attract the attention of another vessel, may sound audible signals or emit light signals not resembling any signal prescribed in the Articles of this Circular, or may shine a spotlight towards the area of potential threat, but must not interfere with other vessels. Any light used to attract the attention of another vessel must not be mistaken for any navigational aid equipment. For the purposes of this Article, intermittent lights or rotating lights with extremely bright beams (such as strobe lights) should be avoided.

Article 37. Distress Signals

A vessel in distress requiring assistance must use or emit the signals prescribed in Appendix IV of this Circular.

Chapter V

EXEMPTIONS

Article 38. Exemptions

All vessels with a mainmast installed or under construction equivalent to the date of entry into force of the International Regulations for Preventing Collisions at Sea 1972 and complying with the provisions of the International Regulations for Preventing Collisions at Sea 1960 may be exempted as follows:

1. Changes in the arrangement of lights resulting from conversion from the imperial system to the metric system and rounding off the results of such measurements are permanently exempted.

2. Changes in the arrangement of masthead lights on vessels less than 150 meters in length as prescribed in point a, Section 3, Appendix I of this Circular are permanently exempted.

3. The relocation of all-round lights as prescribed in point b, Section 9, Appendix I of this Circular is permanently exempted.

Chapter VI

IMPLEMENTING PROVISIONS

Article 39. Effective date

This Circular takes effect from September 15, 2013, and replaces Decision No. 49/2005/QĐ-BGTVT dated October 4, 2005, on the application of the International Regulations for Preventing Collisions at Sea for vessels and Decision No. 28/2007/QĐ-BGTVT dated June 25, 2007, on amending points a and b, Section 8, Appendix I, of the International Regulations for Preventing Collisions at Sea issued pursuant to Decision No. 49/2005/QĐ-BGTVT dated October 4, 2005, of the Minister of Transport.

Article 40. Implementation organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Directors of relevant departments under the Ministry of Transport, the Directors of the Vietnam Maritime Administration, the Directors of the Vietnam Ship Registry, the Heads of relevant agencies, units, and individuals shall be responsible for implementing this Circular./.