Decision No. 20/2005/QD-BGTVT On the organization and operation of inland waterway pilots

DECISION OF THE MINISTER OF TRANSPORT

OF THE MINISTER OF TRANSPORTATION DECREE NO. 20/2005/QĐ-BGTVT DATED MARCH 28, 2005 ON THE ORGANIZATION AND OPERATIONS OF INLAND WATERWAY PILOTAGE

THE MINISTER OF TRANSPORTATION

BASED ON THE INLAND WATERWAY TRAFFIC LAW dated June 15, 2004;

Pursuant to the Law on State-Owned Enterprises dated December 10, 2003;

Pursuant to Decree No. 86/2002/NĐ-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. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Vietnam Inland Waterway Administration and the Head of the Personnel Department,

DECISION:

Article 1. Scope of Regulation and Applicability

This Decision prescribes the organization of inland waterway pilotage services and shall apply to organizations and individuals operating in the field of inland waterway pilotage and those related to inland waterway transport activities.

Article 2. Organization of Inland Waterway Pilotage

Organizations operating in the field of inland waterway pilotage must have Pilots (persons performing inland waterway pilotage tasks) meeting the required standards, registered for business or newly established in accordance with the provisions of the law, and approved in writing by the Ministry of Transport.

Article 3. Operations in the Field of Inland Waterway Pilotage

Pilotage operations must comply with the provisions of Vietnamese laws and international conventions related to inland waterways and ship navigation that Vietnam has signed, joined, or recognized.

Article 4. Provisions for Pilots

1. Pilots are persons who hold a degree in ship control or marine engineering; they have undergone training and internship in pilotage in accordance with the regulations set out in the Rules on Examination, Issuance, Renewal of Pilotage Professional Certificates and Licenses for Inland Waterway Pilotage.

2. Activities of Pilots

a) A Pilot holding a professional certificate for a certain class of pilotage and a license to operate on specific routes, channels, or areas of inland waterways may lead vessels and ships suitable for the class of his professional certificate and the route, channel, or area specified in his license.

b) The Pilot shall advise the Master about the conditions of the route, signals along the route, and recommend actions to the Master that are not in compliance with the laws on inland waterway transport and other relevant laws. If the Master deliberately fails to follow reasonable advice or recommendations from the Pilot, the Pilot has the right to refuse to lead the vessel or ship.

c) During the time leading the vessel or ship, the Pilot is under the command of the Master. The Pilot's duties are considered concluded only when the vessel or ship arrives at the port or inland waterway berth or has been safely anchored at the agreed location. The Pilot may not leave the vessel or ship during the journey without the Master's consent.

d) The Pilot has the obligation to inform the Director of the Inland Waterway Transport Inspection Authority or the management unit of inland waterways about any changes in the channel discovered while leading the vessel or ship.

e) The Pilot has the right to request the Master to provide complete information necessary for leading the vessel or ship, especially equipment on board the vessel or ship affecting the maneuverability of the ship.

Article 5. Relationships of inland waterway pilot organizations

1. Relations with management units of inland waterways to grasp the situation of channels, routes, and inland waterway navigation signal systems for guiding vessels and ships along channels, entering and exiting ports and inland waterway wharfs.

2. Relations with port authorities to understand the activities of vessels and ships entering and exiting ports and inland waterway wharfs and the situation regarding order and safety on routes, channels, and waters of ports and inland waterway wharfs.

Article 6. Implementation Organization

The Director of the Vietnam Inland Waterways Administration shall develop a proposal for inland waterway pilot organizations and delineate pilot activity zones for each area of inland waterways nationwide, to be submitted to the Minister of Transport for decision to implement.

Article 7. Effective Date

This Decision takes effect fifteen days from the date of publication in the Official Gazette. The Heads of the Ministry’s Office, the Cadre and Civil Servant Department, the Inspectorate, the Vietnam Inland Waterways Administration, and the heads of related organizations and individuals are responsible for implementing this Decision./.