Circular No. 20/2015/TT-BGTVT on management of receiving, transmitting, and processing maritime security information

CIRCULAR

Rules on receiving, transmitting, and processing maritime security information Maritime security information receiving, transmitting, and processingi

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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 Decision No. 125/2004/QĐ-TTg dated July 9, 2004 of the Prime Minister on announcing, receiving, transmitting, and processing maritime security information;

Pursuant to Decision No. 11/2009/QĐ-TTg dated January 16, 2009 of the Prime Minister amending and supplementing certain provisions of Decision No. 125/2004/QĐ-TTg dated July 9, 2004 of the Prime Minister on announcing, receiving, transmitting, and processing maritime security information;

At the proposal of the Director of the Transport Department and the Director of the Vietnam Maritime Administration under the Ministry of Transport, this Circular stipulates rules on receiving, transmitting, and processing maritime security information.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates rules on receiving, transmitting, and processing maritime security information in accordance with the 2002 amendments to the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), and the International Ship and Port Facility Security Code (ISPS Code).

Article 2. Applicability

2. National Treasury units at all levels;

1. Vietnamese ships operating on international routes and foreign ships operating in Vietnam's internal waters and territorial seas, including:

a) Passenger ships;

b) Cargo ships with a gross tonnage of 500 or more;

c) Offshore mobile drilling units.

2. Ports receiving ships as specified in Clause 1 of this Article.

3. Organizations and individuals from Vietnam and foreign organizations and individuals operating the ships as specified in Clause 1 of this Article (hereinafter referred to as ship companies).

4. Organizations and individuals from Vietnam and foreign organizations and individuals managing and operating ports as specified in Clause 2 of this Article (hereinafter referred to as port enterprises).

5. Organizations and individuals related to maritime security information management.

Article 3. Explanation of Terms

1. Maritime security information link-up exercise is an activity connecting communication between port enterprises, ship companies, and the Maritime Security Information Center and relevant agencies responsible for counter-terrorism regarding ships and ports to ensure smooth communication when incidents occur.

2. The level of maritime security is the degree of danger of a security incident that will be carried out or will occur. Maritime security is divided into three levels:

a) Level 1 is the level where minimum appropriate security measures must be maintained at all times;

b) Level 2 is the level where additional security measures are implemented and must be maintained during periods of high risk of a security incident;

c) Level 3 is the level where specific subsequent security measures must be maintained during a defined period when a security incident is likely to occur or is almost certain to occur, although the specific target may not be identified.

Chapter II

RECEIVING, TRANSMITTING AND PROCESSING MARITIME SECURITY INFORMATION

Article 4. Receiving, transmitting, and processing maritime security information by the Maritime Security Information Center and the Marine Port Inspection Authority

1. The Maritime Security Information Center

Immediately upon receipt of the notification from the Coast Guard Command regarding the security level or changes in the security level, the Maritime Security Information Center must relay such information to:

a) The Marine Port Inspection Authority;

b) Port enterprises, port security officers;

c) Ship companies, ship company security officers;

d) Relevant foreign authorities, while informing the Consular Department of the Ministry of Foreign Affairs. In cases where it is impossible to contact the authority of the country whose flag the ship flies, the Maritime Security Information Center requests the Consular Department to notify through diplomatic channels the relevant authorities of the foreign country.

2. The Marine Port Inspection Authority

Immediately upon receipt of information from the Maritime Security Information Center, the Marine Port Inspection Authority must inform:

a) Port security officers;

b) Ships expected to arrive or currently operating at ports within its jurisdiction;

c) Coastal troops guarding the port border checkpoint.

Article 5. Receiving, transmitting, and processing maritime security information of Vietnam Shipping Company's security officers, shipping vessels' security, and related agencies

Clause 1. Immediately upon receiving information from the Maritime Security Information Center, the shipping company shall promptly notify the shipping vessel's security officer about the level of maritime security and any changes to the maritime security level for application on the vessel's next voyage.

Clause 2. Based on the assessment of potential risks to people, property, or the environment arising from communication activities between shipping vessels and ports, the shipping vessel's security officer may request port security officers or competent authorities at foreign ports to sign a security agreement in the following cases:

Point a. The shipping vessel is operating at a higher security level than the port or other vessels it is communicating with;

Point b. There is an agreement on a security commitment between the Government of the Socialist Republic of Vietnam and the Governments of other countries that are members of the SOLAS 74 Convention for certain international routes or specific vessels operating on those routes;

Point c. There exists a security threat or security incident involving the shipping vessel or the port;

Point d. The shipping vessel is at a port which is not required to have and implement an approved Port Security Plan;

Point đ. The shipping vessel is communicating with another vessel which is not required to have and implement an approved Vessel Security Plan.

Clause 3. The security agreement specified in Clause 2 of this Article must be kept on board the shipping vessel for a minimum period of ten subsequent ports visited, starting from the date of signing the agreement.

Clause 4. Prior to passing through areas warned of security threats, the ship captain and the shipping vessel's security officer must contact the Maritime Security Information Centers to report piracy in that area to coordinate anti-piracy measures.

Article 6. Receiving, transmitting, and processing maritime security information of shipping vessels and related agencies at ports

Clause 1. In the case of foreign shipping vessels arriving at Vietnamese ports

Point a. At least 24 hours before entering the territorial waters of the Socialist Republic of Vietnam, the ship captain, ship owner, or the agent of the ship owner, or the agent of the ship operator, must directly contact the Marine Port Authority at the location where the vessel is expected to arrive to report the security level maintained on their vessel and other relevant maritime security information according to the form prescribed in Appendix I attached to this Circular; Receive notifications from the Marine Port Authority regarding the security level being applied at the port and security measures to be implemented on the vessel;

Point b. After receiving the relevant security information about the shipping vessel as stipulated in Point a, Clause 1 of this Article, the Marine Port Authority must notify the port security officer where the shipping vessel is docking;

Point c. Based on the assessment of potential risks to people, property, or the environment arising from communication activities between shipping vessels and ports, the port security officer must sign a security agreement with the shipping vessel. The security agreement is kept at the port;

Point d. When there is a change in the security level on the shipping vessel or at the port since the previous contact, the shipping vessel's security officer and the port security officer must immediately inform each other to handle the situation promptly.

Clause 2. In the case of Vietnamese shipping vessels and foreign shipping vessels departing from Vietnamese ports

Upon request, the Marine Port Authority at the location where the vessel is departing must provide relevant maritime security information to the shipping vessel's security officer before the vessel leaves the Vietnamese port to update information related to the voyage.

Article 7. Responsibility for Reporting Maritime Security Information in Port Waters

The captain and crew members on board vessels when navigating or moored in port waters, port enterprises, organizations, and individuals who receive information threatening or posing a threat to maritime security must immediately report to the Marine Port Authority and the Maritime Security Information Center.

Article 8. Reporting System

1. Urgent Report

a) Immediately after receiving the maritime security level notification from the Coast Guard Command, the Maritime Security Information Center must report the situation to the Vietnam Maritime Administration and relevant agencies and units as prescribed;

b) Upon receiving accurate information about a maritime security incident involving vessels and ports, the Maritime Security Information Center must promptly inform relevant agencies and units to handle and resolve the issue in a timely manner.

2. Annual Report

Annually, the Vietnam Maritime Administration compiles and reports to the Ministry of Transport on the management of maritime security information.

3. Methods of Submitting Reports

Security reports shall be submitted via one of three communication methods: fax, telephone, or email, followed by submission of a written report through postal services.

Chapter III

DRILLS, PRACTICES, TRAINING, AND EXERCISES FOR MARITIME SECURITY INFORMATION

Article 9. Responsibilities of Relevant Agencies in Conducting Drills, Practices, and Exercises for Connecting Maritime Security Information

1. Responsibilities of the Vietnam Maritime Administration

a) To compile and submit to the Ministry of Transport a plan for drills and practices connecting maritime security information between the Maritime Security Information Center and domestic agencies and units, as well as foreign anti-terrorism organizations, for organizing such drills and practices;

b) To direct the Maritime Security Information Center in conducting drills and practices connecting maritime security information.

2. Responsibilities of the Maritime Security Information Center

a) To annually develop a plan for drills and practices connecting maritime security information with domestic agencies and enterprises, and foreign anti-terrorism organizations, to be reported to the Vietnam Maritime Administration for approval and implementation;

b) To notify relevant agencies about the organization of drills and practices connecting maritime security information;

c) To lead and coordinate with agencies under the Coast Guard Commands, Political Security Protection Bureau V, Border Guard Command, Marine Port Authorities, and port enterprises and shipping companies to establish contact lists, communication procedures, and unify emergency communication methods and frequencies to respond promptly to terrorist situations.

3. Responsibilities of Shipping Companies and Port Enterprises

Annually, to cooperate with the Maritime Security Information Center, Marine Port Authorities, and relevant agencies at the port to organize drills and practices connecting maritime security information according to the approved plan.

4. Responsibilities of Marine Port Authorities

To coordinate with the Maritime Security Information Center, port enterprises, shipping companies, and vessels in conducting drills and practices connecting maritime security information according to the approved port and vessel security plan.

Article 10. Practice Connecting Maritime Security Information

1. Objectives and Requirements

a) To maintain uninterrupted 24/7 communication between ports, vessels, the Maritime Security Information Center, and responsible agencies regarding vessel and port security;

b) To ensure adequate communication equipment;

c) Port security personnel and vessel security officers must be proficient in using communication equipment and understand communication procedures.

2. Content of Practice

a) Operation of the vessel's security alarm system and communication equipment;

b) Operation of communication equipment at the port;

c) Reception, transmission, and processing of maritime security information.

3. Regulations on Practicing Connection of Maritime Security Information for Ports

a) Annually, port enterprises are responsible for practicing connection with the Maritime Security Information Center at least once;

b) The practice of connecting maritime security information is conducted during internal security assessment meetings;

c) Port security staff must connect maritime security information through fax and telephone with the Maritime Security Information Center and participating agencies in accordance with regulations, and the results of the practice are recorded in the minutes;

d) After successfully completing the practice, the Maritime Security Information Center sends a confirmation letter of the practice results to the Vietnam Maritime Administration according to the model specified in Appendix III issued together with this Circular.

4. Regulations on Practicing Connection of Maritime Security Information for Vessels

a) Annually, shipping companies are responsible for practicing connection and handling information with the Maritime Security Information Center at least once;

b) Prior to conducting the practice, the captain or shipping company must notify the Maritime Security Information Center of the practice plan according to the model specified in Appendix II issued together with this Circular;

c) After successfully completing the practice, the Maritime Security Information Center confirms the results of the practice connecting maritime security information for the vessel through appropriate communication methods.

Article 11. Training and professional instruction on maritime security information

1. Annually, the Maritime Security Information Center shall be responsible for:

a) Developing plans and programs for specialized and professional training for staff of the Maritime Security Information Center, reporting to the Vietnam Maritime Administration for approval or submitting to competent authorities for approval and organizing implementation;

b) Developing programs and plans to organize legal awareness campaigns and professional training on maritime security information for port security personnel and ship security officers, reporting to the Vietnam Maritime Administration and organizing implementation.

2. The Maritime Security Information Center shall cooperate with relevant units of the Vietnam Ship Registry in organizing legal awareness campaigns and professional training on maritime security information for ship security officers.

Article 12. Budget for training, instruction, drills, and internships on maritime security information

The budget for training, instruction, drills, and internships to enhance professional skills in maritime security information shall be allocated from state budget sources and other sources as prescribed by law.

Chapter IV

IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from August 1, 2015, and replaces Circular No. 47/2011/TT-BGTVT dated June 30, 2011, issued by the Minister of Transport regarding the reception, transmission, and processing of maritime security information.

Article 14. Responsibilities for Implementation

1. The Vietnam Maritime Administration shall take the lead and coordinate with relevant agencies to be responsible for implementing this Circular.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.