JOINT CIRCULAR No. 22/2012/TTLT-BGTVT-BVHTTDL ON SAFETY MEASURES IN WATERWAY PASSENGER TRANSPORT FOR DOMESTIC TOURISM

JOINT CIRCULAR

Regulations on ensuring traffic safety in tourist passenger waterway transport activities

by inland waterway vessels

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Tourism Law on June 14, 2005;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport and the Minister of Culture, Sports and Tourism hereby jointly issue this Circular stipulating regulations on ensuring traffic safety in tourist passenger waterway transport activities by inland waterway vessels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on ensuring traffic safety in tourist passenger waterway transport activities by inland waterway vessels.

Article 2. Applicability

This Circular applies to organizations and individuals related to tourist passenger waterway transport activities by inland waterway vessels.

Article 3. Explanation of Terms

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

1. Tourist passenger inland waterway vessel (hereinafter referred to as the vessel) is an inland waterway vessel for transporting passengers by fixed routes or contracts, complying with the provisions of Articles 5, 6, and 7 of this Circular.

2. Accommodation vessel is a vessel equipped with sleeping cabins or rooms that meet the necessary material conditions, equipment, and services for tourism accommodation.

3. Service personnel are persons working on the vessel but are not crew members or drivers of the vessel.

Chapter II

SPECIFIC PROVISIONS

Article 4. Provisions for inland waterway ports and wharfs conducting tourist passenger transport and anchorage areas

1. To comply with the provisions of Circular No. 25/2010/TT-BGTVT dated August 31, 2010 of the Minister of Transport on the management of inland waterway port and wharf operations.

2. To have information boards guiding tourists about routes, tourist spots; supporting facilities serving tourists to ensure aesthetics and environmental hygiene.

3. Anchorage area

a) To have rescue and firefighting equipment, and other equipment ensuring safety, security, public order, and environmental protection;

b) Equipment for anchoring accommodation tourism vessels must ensure safety;

c) To be announced or granted operation permits by competent authorities according to regulations on managing inland waterway ports and wharfs.

Article 5. Provisions for vehicles

In addition to complying with the provisions of Article 24 of the Law on Inland Waterway Traffic and the provisions of Circular No. 20/2011/TT-BGTVT dated March 31, 2011 of the Minister of Transport on inland waterway passenger transport, the vessel must also meet the following requirements:

1. For accommodation tourism vessels

a) To have sleeping cabins or rooms meeting quality standards for material conditions, equipment, and services according to current regulations;

b) To have guidance signs for the layout of life-saving equipment, fire-fighting equipment, and environmental protection measures displayed at locations easily visible and understandable to passengers; to have instructions on how to use life jackets and emergency hammers;

c) To have weather monitoring and communication equipment: an internal communication system from the captain's cabin to service areas and passenger sleeping cabins or rooms; telephone numbers and addresses of search and rescue agencies;

d) To have route maps for tourist journeys, passenger pick-up and drop-off ports, and anchorage points;

đ) To have sufficient crew members as prescribed and must be arranged for continuous 24-hour watch;

e) To have a logbook of crew members and service staff recorded fully and kept on board, updated daily (if there are changes).

2. For vessels

a) To be equipped with sufficient crew members as prescribed;

b) To have a logbook of crew members and service staff recorded fully and kept on board, updated daily (if there are changes);

c) To have route maps for tourist journeys, passenger pick-up and drop-off ports;

d) To have a logbook of telephone numbers and addresses of search and rescue agencies.

Article 6. Provisions for crew members and vessel operators

1. Implement the provisions set forth in Chapter IV of the Inland Waterway Transport Law regarding crew members and vessel operators, as well as legal documents issued by the Ministry of Transport concerning the training, issuance of certificates, and professional qualifications of crew members and vessel operators.

2. Hold a Certificate of Vocational Training in Tourism issued by the Department of Culture, Sports and Tourism.

Article 7. Provisions for service personnel on board vessels

1. Possess a certificate of qualification appropriate to their job and position on board the vessel.

2. Undergo vocational training in inland waterway traffic safety; training in lifesaving, firefighting, shipwreck rescue, and first aid.

3. Hold a Swimming Certificate.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 8. Responsibilities of crew members and vessel operators

In addition to complying with the provisions stipulated in Chapter II of Decision No. 28/2004/QĐ-BGTVT dated December 7, 2004 of the Minister of Transport on the scope of responsibilities of crew members and vessel operators and the minimum safe manning on inland waterway vessels; Circular No. 09/2012/TT-BGTVT dated March 23, 2012 of the Minister of Transport amending and supplementing certain articles of the regulations on the scope of responsibilities of crew members and vessel operators and the minimum safe manning on inland waterway vessels promulgated together with Decision No. 28/2004/QĐ-BGTVT, crew members and vessel operators also have the responsibility to:

1. Responsibilities of the captain

a) Bear ultimate responsibility for safety and public order throughout the voyage of the vessel;

b) Timely inform tourists about abnormal weather conditions or unexpected incidents on the vessel or in the area;

c) Only accept passengers with valid identification documents that match the temporary residence list (if they are staying overnight);

d) Adhere strictly to the scheduled itinerary; when changing the itinerary related to ports, wharfs, or anchorage points, report to the relevant authorities before implementation.

2. Responsibilities of crew members and vessel operators

a) Fully perform their duties within their scope of responsibility, strictly comply with the orders of the captain and direct supervisors;

b) Before departure, depending on their responsibilities, crew members and vessel operators must check the conditions ensuring inland waterway traffic safety for people and vessels; inform tourists how to use life jackets, lifesaving equipment, shipwreck rescue equipment, fire prevention and extinguishing equipment, environmental protection measures, and tools to open or break emergency exits;

c) Report promptly to the captain upon discovering any unexpected incidents on the vessel.

Article 9. Responsibilities of service personnel on board vessels

1. Service personnel on board vessels fully perform their duties within their assigned scope of responsibility, strictly comply with the orders of the captain and direct supervisors.

2. Participate in ensuring public order and safety for tourists' persons and property throughout the journey.

3. Participate in rescue operations when other vessels encounter incidents in the same anchorage area or during operation.

4. Report promptly to the captain upon discovering any unexpected incidents on the vessel.

Article 10. Responsibilities of Tourists

1. Comply with the provisions set forth in Clause 2 of Article 83 of the Law on Inland Waterway Transport, Article 36 of the Tourism Law, and other relevant legal regulations.

2. Strictly adhere to the instructions regarding conditions for ensuring safety in inland waterway transport provided by the captain and crew members.

Article 11. Responsibilities of the Inland Waterway Transport Port Authority

Implement the provisions stipulated in Circular No. 34/2010/TT-BGTVT dated November 8, 2010, issued by the Minister of Transport on the organization and operation of the Inland Waterway Transport Port Authority, and Circular No. 25/2010/TT-BGTVT dated August 31, 2010, issued by the Minister of Transport on the management of activities at inland waterway ports and wharfs.

Article 12. Responsibilities of the Department of Transport

1. Monitor and manage tourist passenger transport activities via inland waterways within the locality, quarterly reporting to the Vietnam Inland Waterway Transport Administration (before the 20th day of the last month of each quarter).

2. Take the lead and coordinate with the Department of Culture, Sports and Tourism to organize inspections and handle violations concerning the assurance of safety in tourist passenger transport activities via inland waterway vessels within their jurisdiction.

3. Take the lead and coordinate with the Department of Culture, Sports and Tourism and related agencies to organize training sessions on traffic safety for service personnel on board vessels.

Article 13. Responsibilities of the Department of Culture, Sports and Tourism

1. Take the lead and coordinate with the Department of Transport and related agencies to organize training sessions on tourism business for crew members and vessel operators.

2. Coordinate with the Department of Transport and related agencies to inspect and handle violations concerning the assurance of safety for tourists on vessels and organizations or individuals engaged in tourist passenger transport via inland waterway vessels.

Article 14. Responsibilities of the Vietnam Inland Waterway Transport Administration

1. Be responsible for specialized state management over tourist passenger transport activities via inland waterways nationwide; quarterly compile and summarize the situation regarding the assurance of order and safety in tourist passenger transport via inland waterway vessels in localities to report to the Ministry of Transport (before the 25th day of the last month of each quarter) and send copies to the Tourism Administration for coordinated management.

2. Take the lead and coordinate with the Tourism Administration to develop inter-ministerial programs and plans to direct public welfare inspections to ensure order and safety in tourist passenger transport via inland waterway vessels in localities.

3. Specify the content of training on the assurance of safety in inland waterway transport for organizations and individuals participating in tourist passenger transport via inland waterway vessels.

Article 15. Responsibilities of the Tourism Administration

1. Coordinate with the Vietnam Inland Waterway Transport Administration to direct and guide the organization and inspection work to ensure safety for tourists on inland waterway vessels throughout the country.

2. Establish a framework program for training tourism business for crew members, vessel operators, and service personnel for tourists on inland waterway vessels.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. THIS CIRCULAR SHALL TAKE EFFECT FROM JANUARY 1, 2013.

2. The Ministry of Transport (Vietnam Inland Waterway Transport Administration), the Ministry of Culture, Sports and Tourism (Tourism Administration) shall be responsible for organizing the implementation of this Circular within their respective functions, tasks, and authorities.

3. During the process of implementing this Circular, if there are any difficulties or inconsistencies, they are requested to reflect them to the Ministry of Transport and the Ministry of Culture, Sports and Tourism for research and appropriate amendments and supplements./.