Circular No. 19/2022/TT-BGTVT provides for the maintenance of maritime works

CIRCULAR

Regulations on the maintenance of maritime works

Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

1. Amending Clause 2 Article 2 as follows:

Pursuant to the Government Decree No. 06/2021/NĐ-CP dated January 26, 2021 detailing certain provisions on quality management, construction works, and maintenance of construction projects;

At the request of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Maritime Administration;

The Minister of Transport hereby issues this Circular on the maintenance of maritime works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the maintenance of maritime works. For maritime works serving defense and security purposes, they shall be implemented in accordance with the regulations of the Ministry of National Defense and the Ministry of Public Security.

2. This Circular applies to agencies, organizations, and individuals related to the maintenance of maritime works.

Article 2. Interpretation of Terms

1. Maritime works include: ports; wharfs; cargo transfer areas, anchorage areas, storm shelters within port waters; shipping channels; ship repair facilities; lighthouses (including lighthouse stations attached to lighthouses); buoys, marine navigation aids; management and operation stations for buoys and marine navigation aids; vessel traffic service systems (VTS); coastal protection and revetment works; maritime telecommunications infrastructure.

2. Maintenance of maritime works refers to a set of tasks aimed at ensuring and maintaining the normal and safe operation of the works according to the design specifications during their exploitation and use. The content of the maintenance of maritime works may include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of the works; supplementing and replacing components and equipment of the works to ensure safe exploitation and use of the works but does not include activities that change the function or scale of the works.

Article 3. Procedures for implementing the maintenance of maritime works

1. Establish and approve the maintenance procedures for maritime works.

2. Develop plans and budgets for the maintenance of maritime works.

3. Implement maintenance and manage the quality of maintenance work.

4. Evaluate the safety of maritime works.

5. Establish and manage maintenance records for maritime works.

Article 4. Maintenance procedures for maritime works

The maintenance procedures for maritime works shall be carried out in accordance with Article 31 of Decree No. 06/2021/ND-CP dated January 26, 2021, of the Government detailing certain contents regarding the management of construction quality, construction, and maintenance of construction works (hereinafter referred to as Decree No. 06/2021/ND-CP).

Article 5. Implementation of the maintenance of maritime works

The implementation of the maintenance of maritime works shall be carried out in accordance with Article 33 of Decree No. 06/2021/ND-CP.

Article 6. Costs for the maintenance of maritime works

1. Costs for the maintenance of maritime works shall be carried out in accordance with Article 35 of Decree No. 06/2021/ND-CP; Circular No. 14/2021/TT-BXD dated September 8, 2021, of the Minister of Construction guiding the determination of costs for the maintenance of construction works.

2. Management and use of funds for the maintenance of maritime works shall be carried out in accordance with the relevant laws corresponding to the sources of funding for the maintenance of maritime works.

Chapter II

MAINTENANCE OF MARITIME WORKS

Article 7. Establishment, approval, and organization of implementation of the annual maintenance plan for maritime works under the management of the Ministry of Transport

1. The Vietnam Maritime Administration is responsible for establishing the annual maintenance plan and budget estimate for maritime works and the plan for each period when requested by the competent authority, and submitting it to the Ministry of Transport for approval.

2. The content of the maintenance plan for maritime works includes the following basic information: name of the work and component (task); unit, quantity, estimated budget for implementation; time of implementation; method of implementation; priority level. The maintenance plan for maritime works shall be in Form No. 1A and Form No. 1B in Appendix I of this Circular.

3. Contents in the annual maintenance plan for maritime works include:

a) Maintenance work for maritime works;

b) Regular repair work for maritime works: dredging and maintenance of public shipping channels, water areas, and zones; repair of coastal protection and revetment works; repair of wharfs and ports; other maritime works;

c) Emergency repairs for maritime works;

d) Other tasks, including: establishment and adjustment of procedures and standards for management, operation, and maintenance of works funded by state budget and put into operation and use; inspection; monitoring; safety assessment; development of economic and technical standards; application of technology for management and maintenance of maritime works.

4. Procedures for establishing and approving the annual maintenance plan for maritime works

a) Annually, based on the technical condition of the works, information about the scale and structure of the works, maintenance history, actual shipping channel routes, water areas, other information and data, technical standards, maintenance procedures, economic and technical standards, the Vietnam Maritime Administration reviews, compiles, establishes the maintenance plan and budget estimate for the next year, and submits it to the Ministry of Transport before May 30 each year;

b) The Ministry of Transport reviews and approves the maintenance plan for the next year before June 30 each year; aggregates the maintenance plan and budget estimate into the annual state budget revenue and expenditure plan of the Ministry of Transport;

c) Based on the Decision on the allocation of the state budget revenue and expenditure plan of the Ministry of Finance and the maintenance fund, the Vietnam Maritime Administration organizes a review of the list of works and components needed, establishes the maintenance plan and budget estimate for maritime works, and submits it to the Ministry of Transport no later than 15 days from the date of receipt of the notification of the state budget expenditure plan of the Ministry of Transport;

d) The Ministry of Transport organizes the approval of the maintenance plan for maritime works no later than 15 days from the date of receipt of the report of the Vietnam Maritime Administration.

5. Adjustment and supplementation of the maintenance plan for maritime works

a) During the process of drafting, reviewing, and approving the design and budget estimate of the project, the Vietnam Maritime Administration may adjust the dredging standards, volume, and the anticipated implementation budget of the project but not exceeding 20% of the project's anticipated budget, without increasing the total anticipated budget in the approved maritime works maintenance plan, ensuring economic and technical efficiency, maximizing the effectiveness of the channel route, and reporting to the Ministry of Transport on such adjustments; summarizing and submitting to the Ministry of Transport for approval of the adjusted maritime works maintenance plan before November 1st each year;

b) The Vietnam Maritime Administration reports to the Ministry of Transport for consideration and approval of adjustments and supplements to the maritime works maintenance plan in cases where the adjustment exceeds 20% of the approved project's anticipated budget; increases the total anticipated implementation budget; extends the implementation period; does not implement the project; or adds projects outside the approved maritime works maintenance plan.

6. The annual maritime works maintenance plan approved by the Ministry of Transport serves as one of the bases for the Vietnam Maritime Administration and the managers and users to implement the maintenance work.

7. For maritime works that have been included in state capital components at enterprises, the enterprise responsible for managing and using the works shall carry out maintenance according to the laws on state capital management and utilization in enterprises, specialized maritime laws, and related laws.

8. For maritime works managed by units under the Vietnam Maritime Administration

a) Units under the Vietnam Maritime Administration assigned to manage and operate the works organize the preparation of the next year's maintenance budget and submit it to the Vietnam Maritime Administration before June 30th each year;

b) The Vietnam Maritime Administration reviews and approves the next year's maintenance budget and summarizes, submitting to the Ministry of Transport before August 15th each year for review and allocation of funds;

c) Based on the Decision allocating the state budget expenditure, the units are responsible for organizing the annual maintenance work according to regulations;

d) The preparation, approval of the budget, and implementation of maintenance are carried out in accordance with current laws.

Article 8. Drafting, Approving, and Organizing Implementation of the Maintenance Plan for Maritime Works Managed and Used by Other Organizations and Individuals

1. The owner or manager/user of the works drafts, approves, and implements the maintenance of maritime works according to Articles 31 and 32 of Decree No. 06/2021/NĐ-CP.

2. After approving the maintenance plan for maritime works according to this Clause 1, the owner or manager/user of the works sends the approval document and the maintenance plan to the Vietnam Maritime Administration and the Port Maritime Office in the area where the works are located for consolidation and monitoring.

Article 9. Monitoring of Maritime Works during Operation and Use

1. Maritime works that must be monitored during operation and use are specified in Appendix II of this Circular.

2. The monitoring of works specified in Clause 1 of this Article is regulated in the maritime works maintenance procedure, including the following main contents:

a) Monitoring objects: the main load-bearing structures of the works;

b) Monitoring parameters such as tilting deformation, settlement, cracking, sagging, etc., and the limit values of these parameters; monitoring time; measurement cycle and other necessary contents.

3. General requirements for monitoring maritime works during operation and use:

a) The monitoring contractor shall prepare a monitoring outline in accordance with the contents prescribed in Clause 2 of this Article and submit it to the owner or manager/user of the work for approval;

b) The contractor conducting the monitoring performs monitoring according to the approved monitoring outline. Monitoring data must be analyzed and evaluated; monitoring results must be compared with permissible design values and relevant technical standards and specifications;

c) In case the monitoring data exceeds permissible design values or shows abnormal signs, the owner or manager/user of the works must organize inspection, evaluate the cause, and take timely measures to address and handle the situation.

Article 10. Safety Assessment of Maritime Works

1. The procedures and contents of the safety assessment of maritime works shall be carried out in accordance with the provisions of Articles 36 and 37 of Decree No. 06/2021/NĐ-CP.

2. Responsibilities for conducting and confirming the results of the safety assessment of maritime works

a) The responsibility for organizing the implementation of the safety assessment of maritime works in accordance with the provisions of Article 38 of Decree No. 06/2021/NĐ-CP;

b) The confirmation of the results of the safety assessment of maritime works shall be carried out in accordance with the provisions of Article 39 of Decree No. 06/2021/NĐ-CP.

3. The time limit for the safety assessment of works shall be implemented in accordance with the provisions of laws, technical standards and regulations issued by competent state agencies; maintenance procedures, operation and exploitation procedures of the works approved; requirements of the owner or manager of the works or the manufacturer's installation equipment regulations.

4. An organization qualified to conduct the safety assessment of maritime works is an inspection organization meeting the conditions of capacity as prescribed in Clause 1, Article 97 of Decree No. 15/2021/NĐ-CP dated March 3, 2021 of the Government detailing certain contents on project management (hereinafter referred to as Decree No. 15/2021/NĐ-CP). The scope of activities of this organization shall be carried out like the inspection organization prescribed in Clause 2, Article 97 of Decree No. 15/2021/NĐ-CP.

5. The list of works that must be reviewed and notified by the competent authority regarding the results of the safety assessment of works is specified in Appendix III of this Circular.

Article 11. Quality Management of Maintenance Work of Maritime Works

The owner or manager/user of the work is responsible for implementing quality management of maintenance work of maritime works in accordance with the provisions of Article 34 of Decree No. 06/2021/NĐ-CP and other relevant laws.

Article 12. Inspection of Compliance with Maintenance Regulations for Maritime Works

The Vietnam Maritime Administration organizes the development and issuance of annual and ad hoc inspection plans and conducts inspections of compliance with maintenance regulations for maritime works as stipulated in Decree No. 06/2021/NĐ-CP and this Circular.

Article 13. Reporting on the Implementation of Maintenance of Maritime Works

1. The Vietnam Maritime Administration reports to the Ministry of Transport the results of the implementation of the assigned maintenance plan for maritime works when requested.

2. The owner or manager/user of the work reports to the Vietnam Maritime Administration on the results of the implementation of maintenance of maritime works and safety assessment of maritime works, detailed report as follows:

a) Report title: report on the implementation of maintenance of maritime works and safety assessment of maritime works;

b) Content required in the report: name of work performed, time of performance, method of performance, volume of work performed, source of funding, cost (for state budget funds), degree of completion;

c) Method of submitting and receiving reports: the report is presented in paper form or electronic form and submitted to the receiving agency through one of the following methods: direct submission, postal service, submission via software systems, other methods as prescribed by law;

d) Frequency of reporting: annually;

d) Deadline for submission of reports: the owner or manager/user of the work submits the report to the Vietnam Maritime Administration before December 17 each year;

e) Period for finalizing report data: from December 15 of the previous reporting period to December 14 of the current reporting period;

e) Report format: As prescribed in Model No. 2 of Appendix I of this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from October 1, 2022.

2. This Circular replaces Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on the maintenance of maritime works and Circular No. 07/2019/TT-BGTVT dated February 14, 2019 of the Minister of Transport amending and supplementing some articles of Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on the maintenance of maritime works.

3. Repeal Article 2 of Circular No. 34/2020/TT-BGTVT dated December 23, 2020 of the Minister of Transport amending and supplementing some articles of Circulars on periodic reporting regulations in the maritime sector.

4. Where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the provisions of the amended, supplemented, or replacing documents.

Article 15. Implementation Organization

The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments under the Ministry of Transport, the Director of the Vietnam Maritime Administration, and related agencies, organizations, and individuals are responsible for implementing this Circular./.