Circular No. 19/2016/TT-BGTVT on surveying waterways for management and announcing inland waterway navigation channels

CIRCULAR

Provisions on surveys for management and announcement of inland waterway channelsand announcement of inland waterway channels

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

Pursuant to Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government detailing and providing implementation measures for certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport;

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;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Inland Waterways Administration,

The Minister of Transport issues this Circular prescribing provisions on surveys for management and announcement of inland waterway channels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes matters related to surveys for management and announcement of inland waterway channels.

Article 2. Applicability

This Circular applies to organizations and individuals involved in surveys for management, announcement of inland waterway channels, and inland waterway transport activities.

Article 3. Explanation of Terms

1. Units maintaining inland waterways are units directly responsible for maintaining inland waterways.

2. An inland waterway route is one or more channels for vessels running on rivers, canals, streams, lakes, swamps, bays, coastal areas, islands, connecting islands; the length of the inland waterway route is determined from the starting point to the end point.

3. A channel for vessels (hereinafter referred to as a channel) is a water area delineated by an inland waterway navigation marking system to ensure smooth and safe passage for vessels.

4. The width of the channel is the smallest width measured at a location on the inland waterway.

5. The depth of the channel is the vertical distance from the water surface to the bottom of the channel at a specific time at a location on the inland waterway.

6. Water level is the measurement of the water level taken at a specific time at a specific hydrological station on the inland waterway.

7. The highest and lowest water levels are the highest and lowest water levels observed during one cycle at a specific hydrological station on the inland waterway.

8. The greatest and least depths are the actual measured depths at the deepest and shallowest points on the inland waterway corresponding to the highest and lowest water levels.

9. The actual clear height under a structure is the vertical distance from the lowest point of a structure crossing over the inland waterway to the water surface within the measured navigable width at a specific time.

10. Announcing channels involves the competent state authority publishing information and technical data about channels such as water level elevation (H), channel depth (h), channel bottom elevation (Z), channel width (B), actual clear height under structures, and other issues related to channel traffic safety.

Chapter II

SURVEYS FOR MANAGEMENT AND ANNOUNCEMENT OF INLAND WATERWAY CHANNELSANNOUNCEMENT OF INLAND WATERWAY CHANNELS

Article 4. Classification of surveys for managing channels and inland waterway routes

1. Initial survey is the basic investigation and survey work conducted for the first time on channels and inland waterway routes that have not yet been managed and exploited to establish inland waterway maps serving the publication of new channels and routes according to regulations. In cases where an inland waterway route has completed an investment project, the project's data will be utilized.

2. Periodic survey is the work of surveying to update changes in channels and inland waterway routes, assess sedimentation levels and morphological changes in channels and routes to adjust navigation marks appropriately with the actual conditions of channels and routes and to announce channels. Priority is given to periodic surveys on major transportation routes with high traffic volume, and inland waterway routes with foreign maritime vessels and inland waterway craft operations.

3. Emergency survey is the work of surveying to determine sudden situations appearing on inland waterway channels.

4. Regular survey is the preliminary sounding work carried out according to the standards for managing and maintaining inland waterways for routes that have not undergone initial or periodic surveys, or those that have existing data but frequently undergo changes, to serve the regular announcement of channel information.

Article 5. Contents and requirements for channel survey work serving channel management1. The contents and requirements for channel survey work shall be carried out in accordance with the provisions of technical standards, regulations, mapping norms, and construction survey regulations, including:

a) The scope of channel survey is limited by the navigation channel and the inland waterway protection zone according to current regulations;

b) The reference system and coordinate system used in mapping inland waterways shall be the National Reference System and Coordinate System VN-2000 pursuant to Decision No. 83/2000/QĐ-TTg dated July 12, 2000 of the Government Chairman on the use of national reference systems and coordinate systems in Vietnam;

c) The elevation system for channel surveys and mapping of inland waterways shall use the national elevation system (Hòn Dấu system) and be measured from national markers to the works.

2. Contents and requirements of the initial survey map

a) Fully display the bottom depth of the inland waterway channel, channel centerline, mileage, coordinates of the channel centerline at each mileage, signaling system along the route;

b) Fully display information about topography, land features, administrative boundaries, place names, shoals, obstructions, river structures such as bridges over rivers, passenger ferries, overhead power lines crossing rivers, riverbank stabilization structures, bank protection, pumping stations, water intake structures, dykes, residential areas, and other structures along the route.

3. Contents and requirements of periodic survey maps: Based on the initial survey map and the results of periodic surveys, update coordinates, elevations, signaling systems, shoals along the route, and related channel information (if applicable).

4. Priority should be given to establishing electronic hydrographic charts for major transport routes with high traffic volume, routes with foreign sea vessels and inland waterway craft operations, and these should be updated following periodic surveys.

Article 6. Authority to decide on channel surveys serving channel management

1. Every three years, the Minister of Transport decides the list of surveys serving management and announcement of national inland waterway channels based on the proposal of the Directorate of Inland Waterways.

2. Every five years, the Chairman of the Provincial People's Committee decides the list of surveys serving management and announcement of local inland waterway channels based on the proposal of the Department of Transport.

3. Organizations and individuals with dedicated inland waterways decide the frequency of surveys serving management and announcement of their dedicated inland waterway channels but not more than once every five years.

Article 7. Provisions on channel survey documentation

Documentation for surveys serving management and announcement of inland waterway channels includes:

1. Survey tasks and technical plans approved by competent authorities in accordance with laws on investment and construction.

2. Field data and measurement records; survey result reports, internal calculation results, adjustment sheets; marker files, including original coordinates and elevations, marker sketches; water level, flow rate, velocity data; survey and drawing logs; field record books; detailed land and underwater survey notebooks; depth sounder tapes and raw data files, positioning logbooks or positioning data files, other database files, and sufficient conditions to establish electronic hydrographic charts.

3. Drawings including overall route maps; detailed survey maps at approved scales under Clause 1 of this Article. The overall map simultaneously displays two coordinate systems - the VN-2000 orthogonal coordinate system and the WGS-84 latitude and longitude grid.

3. The drawings include the overall map of the entire route; detailed profiles at the approved scale under Clause 1 of this Article. The overall map simultaneously shows two coordinate systems - the VN-2000 orthogonal coordinate system and the WGS-84 latitude and longitude grid.

Article 8. Management and use of survey data

1. Survey data serving management work and reporting inland waterway traffic flows shall be accepted and submitted to the competent authority responsible for reporting inland waterway traffic flows or the project investor, including general charts, detailed charts, and other documents specified in Article 7 of this Circular.

2. Topographic maps with the same scale, reference system, coordinate system, and annual survey elevations serve the study of changes and management of inland waterways.

Chapter III

REPORTING INLAND WATERWAY TRAFFIC FLOWS

Article 9. Principles for announcing inland waterway traffic flow reports

1. Inland waterway traffic flow reports shall be promptly announced by the competent authority specified in Article 12 of this Circular to relevant agencies, organizations, and individuals.

2. Inland waterway traffic flow reports must be published on mass media, the website of the announcing agency, and simultaneously sent to inland waterway transport agencies and other appropriate information channels.

Article 10. Classification of inland waterway traffic flow reports

1. Initial announcement of inland waterway traffic flows:

a) For national and local inland waterways: the announcement shall be made after the competent authority updates them in the list of national and local inland waterway routes;

b) For dedicated inland waterway traffic flows: the announcement shall be made after the competent authority announces the inclusion of the traffic flow and route into management and exploitation, and the results of the initial traffic flow survey;

c) The initial announcement of inland waterway traffic flows shall follow the model prescribed in Appendix 1 of this Circular. For inland waterway routes where sea vessels or foreign watercraft operate, the announcement of inland waterway traffic flows shall follow the model prescribed in Appendix 3 of this Circular.

2. Periodic announcement of inland waterway traffic flows shall be conducted after the results of periodic traffic flow surveys are obtained. The periodic announcement of inland waterway traffic flows shall follow the model prescribed in Appendix 1 of this Circular. For inland waterway routes where sea vessels or foreign watercraft operate, the announcement of inland waterway traffic flows shall follow the model prescribed in Appendix 3 of this Circular.

3. Sudden announcement of inland waterway traffic flows shall be conducted after the results of sudden traffic flow surveys are obtained. The sudden announcement of inland waterway traffic flows shall follow the model prescribed in Appendix 2 of this Circular.

4. Regular announcement of inland waterway traffic flows shall be carried out after the results of route inspections and preliminary surveys of shoals in management and maintenance work of inland waterways. The regular announcement of inland waterway traffic flows shall be made once a month following the model prescribed in Appendix 1 of this Circular.

Article 11. Content and requirements for inland waterway traffic flow announcements

1. The content of the initial announcement of inland waterway traffic flows includes:

a) Name of the traffic flow, route; scope (starting point, ending point); signals along the route; depth within the width of the traffic flow; mileage of shoals, obstructions, structures on the river, and other structures along the route;

b) Safety considerations for watercraft navigating on the inland waterway route in areas with restricted traffic flow rules.

2. The content of the periodic announcement of inland waterway traffic flows includes:

a) Depth within the width of the traffic flow; signals along the route; mileage of shoals, obstructions, structures on the river, and other structures along the route;

b) Safety considerations for watercraft navigating on the inland waterway route in areas with restricted traffic flow rules.

3. The content of the regular announcement of inland waterway traffic flows includes:

a) Technical standards of the traffic flow according to the technical classification of the inland waterway route, depth within the width of the traffic flow, and corresponding shoals based on hydrological levels;

b) Safety considerations for watercraft navigating on the inland waterway route in areas with restricted traffic flow rules (shoals, obstructions, bridges over rivers, construction zones affecting safety, dredging projects, flow control, traffic accidents), and other related issues.

4. The content of the sudden announcement of inland waterway traffic flows includes: restrictions on traffic, changes in vessel routes, diversion of navigation channels, and control measures for obstructions measured at specific locations or areas restricted for vessels navigating on the route.

5. Requirements for announcing inland waterway traffic flows include:

a) Positions taken from the mileage of the inland waterway route or the VN-2000 and WGS-84 coordinate systems, with accuracy of 1/10 second;

b) The depth reported in the announcement of inland waterway traffic flows is the depth of the shallowest point in the reported area, measured in meters, with accuracy of 1/10 meter;

c) Place names in the announcement of inland waterway traffic flows shall be taken from place names on maps or management documents of inland waterway traffic flows. If not available in these documents, the common name of the locality shall be used;

d) The language in the announcement of inland waterway traffic flows is Vietnamese;

đ) Effective date and expiration date (if applicable) of the announcement of inland waterway traffic flows.

Article 12. Authority to Publish Inland Waterway Route Announcements

1. The Vietnam Inland Waterways Administration shall publish inland waterway route announcements on national inland waterway routes and specialized inland waterway routes connecting with national inland waterway routes.

2. Departments of Transport shall publish inland waterway route announcements on local inland waterway routes and specialized inland waterway routes connecting with local inland waterway routes.

Article 13. Procedures for Publishing Inland Waterway Route Announcements

1. Documents required for the first publication and periodic publication of specialized inland waterway route announcements include:

a) A request for publishing the inland waterway route announcement according to the form prescribed in Appendix 5 of this Circular;

b) Survey result verification record;

c) Decision to open the inland waterway route by the competent authority (for the first publication);

d) Survey map and survey result report.

2. Documents required for regular and emergency publication of specialized inland waterway route announcements include:

a) A request for publishing the inland waterway route announcement according to the form prescribed in Appendix 5 of this Circular;

b) Survey results of the route.

3. Procedure for the first publication and periodic publication of specialized inland waterway route announcements:

a) Organizations and individuals with specialized inland waterway routes shall submit one set of application documents for the first publication and periodic publication of specialized inland waterway route announcements through postal service or direct submission or other appropriate methods to the competent authorities specified in Clause 1 and Clause 2 of Article 12 of this Circular;

b) The competent authorities specified in Clause 1 and Clause 2 of Article 12 of this Circular shall accept the documents. If the documents are not clear or complete as required, they must provide a written response guiding organizations and individuals to complete the documents within two working days at the latest;

c) Within five working days from the date of receiving complete documents as required, the competent authorities specified in Clause 1 and Clause 2 of Article 12 of this Circular shall carry out the publication of the inland waterway route announcement. If approval is not granted, a written response stating the reasons must be provided.

4. Procedure for regular and emergency publication of specialized inland waterway route announcements:

a) Organizations and individuals with specialized inland waterway routes shall submit one set of application documents for regular and emergency publication of specialized inland waterway route announcements to the competent authorities specified in Article 12 of this Circular;

b) The competent authorities shall accept the documents. If the documents are not clear or complete as required, they must guide organizations and individuals to complete the documents within two working days from the date of receipt;

c) Within two working days from the date of receiving valid documents, the competent authorities specified in Clause 1 and Clause 2 of Article 12 of this Circular shall carry out the publication of the inland waterway route announcement. If publication is not carried out, a written response stating the reasons must be provided.

5. For national inland waterway routes and local inland waterway routes: the competent authorities specified in Article 12 of this Circular shall carry out the publication of the inland waterway route announcement after receiving the survey results.

Article 14. Responsibilities of agencies and organizations

1. The agency authorized to issue notifications on inland waterway channels as stipulated in Article 12 of this Circular and organizations and individuals with dedicated inland waterways shall be responsible for:

a) Organizing surveys, creating charts, and digitizing maps (if applicable) to manage channels and issue channel notifications in accordance with current regulations;

b) Managing and supervising the implementation of survey contracts to ensure schedule and quality.

2. The agency authorized to issue notifications on inland waterway channels as stipulated in Article 12 of this Circular shall be responsible for:

a) Based on technical data of inland waterways, results of periodic channel surveys of inland waterways, and reports from units managing and maintaining inland waterways, collecting and checking all hydrological data, channel conditions, and issues directly related to ensuring inland waterway traffic safety before issuing notifications on inland waterway channels;

b) Timely amending and reissuing notifications on inland waterway channels when errors or changes in content are discovered.

3. Agencies and organizations conducting channel surveys of inland waterways must provide complete information and data as prescribed in Article 5 of this Circular and bear legal responsibility for the accuracy of the data and information they provide.

4. Units maintaining inland waterways must report unexpected situations occurring on channels and routes, and periodically report the condition of inland waterway channels to the competent authority in writing and through other communication means promptly according to the model specified in Appendix 4 of this Circular.

Article 15. Provision of Information on Notifications of Inland Waterway Channels

1. Organizations and individuals as stipulated in Article 2 of this Circular have the right to request notifications on inland waterway channels.

2. Organizations and individuals operating in inland waterway channel areas have the obligation to promptly and accurately provide new obstacles not yet announced or other relevant information concerning inland waterway safety to the agency authorized to issue notifications on inland waterway channels if such obstacles or information are discovered.

Article 16. Funding for Channel Surveys of Inland Waterways

Funding for channel surveys of inland waterways shall be implemented in accordance with current laws.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from September 15, 2016.

Article 18. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Inland Waterway Administration, Directors of Provincial and Central City Transport Departments, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.