Circular No. 22/2014/TT-BGTVT guiding the construction of operating procedures for ferry terminals and river passenger and vehicle ferries using single-hull ferries.

 CIRCULAR

HGuidelines for constructing operating procedures for ferry terminals and river passenger terminals using single-hull ferries to carry passengers and automobiles

sử dụng phà một lưỡi chở hành khách và xe ô tông

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

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

BASED ON THE DECREE NO. 107/2012/NĐ-CP OF DECEMBER 20, 2012 OF THE GOVERNMENT PROVIDING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORTATION;

At the proposal of the Director of the Infrastructure Structure Department and the General Director of the Vietnam Highway Administration,

The Minister of Transport issues this Circular guiding the construction of operating procedures for ferry terminals and river passenger terminals using single-hull ferries to carry passengers and automobiles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the construction of operating procedures for ferry terminals and river passenger terminals using single-hull ferries to carry passengers and automobiles.

2. This Circular does not apply to ferry terminals on the national highway system.

Article 2. Applicability

This Circular applies to organizations and individuals investing in construction, management, operation, and business of ferry terminals and river passenger terminals (hereinafter referred to as terminals) using single-hull ferries to carry passengers and automobiles across rivers.

Article 3. Explanation of Terms

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

1. Ferry terminal is a place where passengers are picked up and dropped off across rivers, lakes, ponds, swamps, bays, or islands within inland waters by ferries (hereinafter referred to as across rivers).

2. River passenger terminal is an inland waterway port specifically serving river passenger transport.

3. Terminal owner is an organization or individual who invests in building the terminal or is assigned by the competent authority to be the investor managing the terminal.

4. Terminal operator is an organization or individual using the terminal for business and transportation operations.

5. Single-hull ferry is a self-propelled inland waterway vessel that only allows passengers and road traffic vehicles to board and disembark at one end of the ferry.

6. Capacity of a single-hull ferry is the maximum number of passengers, cargo, and road traffic vehicles allowed to be carried on the ferry according to regulations.

7. Vessel owner is an organization or individual owning or managing and using a single-hull ferry participating in transportation activities at the terminal.

8. Ferry driver is the person directly controlling the single-hull ferry to carry passengers, cargo, and road traffic vehicles at the terminal.

9. Shift leader is a terminal employee tasked with resolving activities at the terminal during their shift and is responsible under the law and before the terminal operator during their working hours.

10. Terminal employee is a person assigned tasks during a shift by the terminal operator, including: shift leader, security guard, dispatcher, ticket seller, and guide.

Article 4. Conditions for Terminal Operation

A terminal using a single-hull ferry when participating in passenger and automobile transportation must comply with the provisions of the Law on Inland Waterway Traffic, the Law on Road Traffic, current technical standards and regulations, and other relevant legal documents; it must be established or granted an operational permit by a competent state agency which remains valid; it must have an operating and exploitation procedure approved by a competent state agency; it is only permitted to carry passengers, trucks with a load capacity below 3.5 tons, and passenger cars with fewer than 16 seats.

Article 5. Requirements for Operating and Exploiting Terminals

1. For terminal facilities:

a) The terminal must comply with the provisions set out in Circular No. 25/2010/TT-BGTVT dated August 30, 2010, issued by the Minister of Transport regarding the management of port and inland waterway terminal operations;

b) The terminal must meet technical requirements as stipulated by current technical standards and regulations; ensure all conditions required by the law on inland waterway traffic; must have parking areas for automobiles waiting to cross the ferry and waiting rooms for passengers located outside the terminal gate;

c) It must be established or granted an operational permit by a competent state agency which remains valid;

d) The terminal surface must be solid, clean, non-slippery, free from potholes, without obstacles, and equipped with sufficient mooring piles according to the specified quantity and quality standards; it must allow vehicles to reverse onto the ferry and move forward;

đ) The access road to the terminal must be wide enough to accommodate two opposing lanes of automobiles (two lanes); it must have sufficient markers, signs, posted fare schedules, and barriers or fences clearly delineating the boundaries for passengers and road traffic vehicles waiting before boarding the ferry;

e) It must be equipped with winches at the terminal capable of towing the largest road traffic vehicle allowed to cross the ferry to rescue vehicles in case of emergencies.

2. For ferries:

a) It must have a registration certificate for inland waterway vessels as prescribed by the Law on Inland Waterway Traffic, a valid safety and environmental protection certificate for inland waterway vessels, valid civil liability insurance, and other related documents as prescribed by law; it must display or affix the registration number of the inland waterway vessel, paint the safe draft marks of the inland waterway vessel, and indicate the maximum number of passengers allowed on the vessel;

b) It must meet quality standards and be certified by the inspection agency as meeting the conditions to operate;

c) It must be equipped with the appropriate number and type of lifesaving equipment, sinking prevention devices, fire prevention and extinguishing equipment as prescribed;

d) It must provide seating for disabled persons, elderly people, pregnant women, and children when traveling by ferry;

đ) The ferry's hull (the part that contacts the terminal dock when the ferry docks) must be sturdy, non-slippery, smooth, and free from obstacles.

3. For crew members and terminal employees:

a) The ferry driver must hold a valid license or certificate appropriate to the type of vessel they control; crew members and ferry drivers must be assigned according to the crew list; the vessel must not be handed over to a ferry driver whose license or certificate has been revoked or suspended;

b) Crew members must be trained in professional skills and safety traffic and must be issued a certificate by a competent state agency to guide passengers and road traffic vehicles to board and disembark the ferry safely and conveniently;

c) Crew members working on inland waterway vessels must meet the conditions stipulated in Article 29 of the Law on Inland Waterway Traffic;

d) Crew members and terminal employees must have handheld wireless communication devices to coordinate smoothly and efficiently in their work and transportation activities to ensure safety and smooth operation.

4. For cargo:

a) Goods carried on automobiles must be securely fastened; in the case of live animals, they must be placed in cages or fixed containers before being loaded onto ferries; automobiles and three-wheeled or four-wheeled motor vehicles must have their wheels blocked with wheel chocks.

b) Prohibited from carrying goods listed in the restricted transportation catalog. For vehicles transporting gas, gasoline, diesel fuel, or liquefied gas, they must be arranged for separate transport (if deemed safe), and shall not be transported together with passengers and road traffic vehicles on ferries; gas cylinders (fuel), gasoline cans, and oil cans brought by passengers must be placed in designated positions to ensure safety on the ferry.

Chapter II

BUILDING OPERATING AND EXPLOITATION PROCEDURES FOR THE FERRY TERMINAL

USING A SINGLE-HULL FERRY TO TRANSPORT PASSENGERS AND AUTOMOBILES

Article 6. Requirements for operating and exploitation procedures at the terminal

1. The operating and exploitation procedures for the terminal must be established in accordance with the scale of the terminal, the type of single-hull ferry, the equipment serving the operation of the terminal, and the purpose of its use.

2. The operating and exploitation procedures for the terminal must ensure safety for passengers and vehicles; meet requirements for fire prevention, rescue, and disaster relief when incidents occur; and maximize continuous operation of the terminal.

Article 7. Basis for establishing operating and exploitation procedures for the terminal

The basis for establishing operating and exploitation procedures for the terminal includes:

a) Technical design documents;

b) Natural conditions at the construction site of the terminal;

c) Functionality, capacity, characteristics, and nature of the single-hull ferry;

d) Operation manuals and guidance materials for equipment provided by the manufacturer;

đ) Regulations concerning traffic management, traffic safety, labor safety, and environmental protection;

e) Relevant regulations of competent state agencies.

Article 8. Content of operating and exploitation procedures for the terminal

The content of operating and exploitation procedures for the terminal using a single-hull ferry must include provisions on traffic organization, operational load, ramp slope, ferry speed, lane arrangement, waiting areas for disembarking, turnaround areas, sequence for boarding and disembarking ferries; sequence for operating the single-hull ferry and auxiliary equipment at the ferry terminal, rescue and survival equipment, firefighting equipment, passenger and road traffic vehicle transportation regulations; regulations on ensuring traffic safety during operation and exploitation of the terminal; internal rules for terminal operations; regulations on permitted transportation subjects; responsibilities of organizations and individuals related to terminal activities.

Article 9. Establishment, review, and approval of operating and exploitation procedures for the terminal

1. The terminal owner is responsible for establishing the operating and exploitation procedures for the terminal using a single-hull ferry, submitting them to the Department of Transport for examination and approval.

2. In cases where the terminal owner cannot establish the operating and exploitation procedures, the owner may hire a consulting organization with sufficient qualifications as stipulated by law to establish the operating and exploitation procedures for the terminal using a single-hull ferry and bear the responsibility for paying the consulting fees.

3. The Department of Transport is responsible for reviewing and approving the operating and exploitation procedures for the terminal using a single-hull ferry according to current legal regulations, taking into account the actual conditions of the terminal.

Article 10. Documents and procedural steps for approval of operating and exploitation procedures for the terminal

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application for approval of operating and exploitation procedures for the terminal in the prescribed form in the Appendix of this Circular (original);

b) Decision on establishment or license for operation of the terminal still valid, issued by the competent state agency (certified copy);

c) Certificate of registration for inland waterway vessels (certified copy);

d) Certificate of technical safety and environmental protection for inland waterway vessels still valid (certified copy);

đ) Draft of Operating and Exploitation Procedures for the Terminal;

e) Other relevant documents.

2. The terminal owner must submit one set of documents via postal service or directly to the Department of Transport for consideration and resolution. The documents must clearly indicate the sender's address and phone number. Within three working days from the date of receiving the documents, if the documents are found to be incomplete, the Department of Transport must respond in writing and request additional documents as required.

3. The time for review and issuance of the approval decision is twenty (20) working days from the date of receipt of complete documents.

Article 11. Adjustment of operation and exploitation procedures for wharfs

During the operation and exploitation of wharfs, if unreasonable factors affecting the safety of wharf exploitation are discovered, the wharf owner shall propose adjustments, modifications, and supplements to the operation and exploitation procedures to be consistent with the conditions of wharf exploitation, submit them for examination and approval by the Department of Transport. The file and approval procedure for adjusting the operation and exploitation procedures for wharfs shall comply with the provisions of Article 10 of this Circular.

Article 12. Provisions on Transportation

1. Before transportation:

a) Every day, before sending the ferry out for transportation, the shift leader must jointly inspect the entire wharf, ferry, and safety equipment with the crew members and inspectors. Transportation shall not be carried out if it is deemed unsafe (technical conditions or dangerous weather).

b) When handing over between shifts, the two shift leaders must re-inspect the entire wharf, inland waterway vessels, and safety equipment on the vessels. Any damage must be repaired immediately.

c) Adequate staff and crew members (captain, chief engineer, sailors) must be ready to work, guide passengers and land vehicles onto the ferry.

d) There must be sufficient mooring ropes (head and tail ropes), and the ferry tie-down ropes must be taut and comply with regulations.

đ) The ferry must dock straight at the wharf and the ferry gate must be open.

2. Boarding the ferry:

a) When the safety conditions are met, the shift leader must instruct passengers to leave their vehicles before the cars go down onto the ferry, then give the signal to board the ferry using a horn, flag, or hand gesture.

b) The boarding sequence follows this order: cars, motorcycles, motorbikes, non-motorized vehicles, pedestrians.

c) Each vehicle must board the ferry one by one. If a car stalls on the ramp, the operator must assist the driver in securing the vehicle. If the car cannot restart, towing measures must be taken to remove the car from the ramp.

d) For cars moving forward onto the ferry: The operator must guide the cars to move centrally along the ferry at a speed not exceeding 5 km/h, direct and arrange the cars into position on the ferry. Once the cars are stabilized, the signal for subsequent cars to board the ferry is given.

đ) For cars reversing onto the ferry: The operator must signal the cars to move forward to the turning point at the top of the ramp and reverse down the ramp at a speed not exceeding 5 km/h. The operator must observe and guide the driver to reverse the car onto the ferry and direct and arrange the cars into position on the ferry. Once the cars are stabilized, the signal for subsequent cars to reverse onto the ferry and park is given.

e) The loading of passengers, goods, and land vehicles onto the ferry must ensure that the ferry remains balanced, without tilting, nosing, or exceeding the allowed draft. Cars and passengers must not stand on the ferry's deck or in positions that affect the transportation process such as near the ferry's railings, close to the ferry's lifting mechanism, or obstructing the ferry captain's view.

g) When the ferry reaches its permitted load capacity, the ferry gate must be closed, and passengers must be reminded and checked for life-saving equipment.

h) A final safety check of the ferry must be conducted; if the conditions are safe, the captain must report and issue the order to depart the wharf.

3. Crossing the river:

a) When safety conditions are met, the shift leader must decide to depart the wharf for crossing the river; a pilot must be arranged to ensure the captain's visibility if necessary, communication between the captain and the pilot must be via walkie-talkies.

b) After the ferry has departed the wharf, if rebalancing or rearranging the vehicles is necessary, the captain must return the ferry to the wharf, secure all mooring ropes, and only allow passengers to remain on the ferry once the adjustments are made.

c) The ferry must follow the designated channel when crossing the river and must have all signaling systems such as lights and horns fully operational to alert other inland waterway vessels.

d) At night or during foggy or rainy days, lights must be turned on according to regulations both on the wharf and on the ferry.

4. Docking and disembarking:

a) Before docking, the captain must inform the passengers.

b) The ferry can only dock when there is no one on the wharf.

c) The disembarkation sequence follows this order: pedestrians, non-motorized vehicles, motorbikes, motorcycles, cars.

d) For cars reversing off the ferry: After passengers and other vehicles have safely ascended the ramp, the crew member must signal the cars to reverse off the ferry and guide them to the turning point on the wharf. Once the cars reach the turning point, the crew member must continue signaling for subsequent cars to reverse off the ferry and guide them to the turning point.

đ) For cars moving forward off the ferry: After passengers and other vehicles have safely ascended the ramp, the crew member must signal the cars to move forward off the ferry. Once the cars have cleared the ramp, the signal for subsequent cars to move forward off the ferry is given.

Article 13. Handling Situations

1. When a ferry encounters an accident, it must use signals (horns, bells, lights...) to alert both ends of the terminal and other inland waterway vessels passing through for timely rescue. Promptly and actively employ all measures to save people, the ferry, property, and other inland waterway vessels on the river to minimize losses to the lowest extent possible.

2. In cases where anchoring is required, there must be a signal to inform other inland waterway vessels.

Article 14. Service and Refusal of Transport

1. Service personnel must perform their assigned positions and tasks; strictly comply with regulations, procedures, and orders given by the commander to guide passengers and road transport vehicles boarding and disembarking from the ferry.

2. Terminal staff may refuse service to passengers and road transport vehicles disembarking from the ferry when:

a) The total weight of the vehicle and cargo loaded on the vehicle or the number of passengers on the ferry exceeds the permissible carrying capacity of the ferry recorded in the technical safety and environmental protection certificate (still valid) issued by the inspection agency;

b) The vehicle's load exceeds the permissible load according to the terminal's design level or the ferry's permissible carrying capacity;

c) The road transport vehicle does not ensure safety and technical standards, lacks lighting at night; vehicles carrying heavy or bulky cargo are not securely fastened;

d) Passenger buses have more than 16 seats; trucks have a total weight exceeding 3.5 tons;

đ) Passengers do not comply with ferry regulations, causing public disorder at the terminal; intoxicated persons; persons without civil capacity or with limited civil capacity who do not have accompanying relatives or guardians;

e) Terminal safety conditions are not guaranteed, such as muddy access roads that cannot be immediately remedied; bad weather with limited visibility; strong winds, storms, or river levels exceeding prescribed levels;

g) Vehicle drivers are under the influence of alcohol or drugs and are unable to drive the vehicle down the ferry according to terminal staff instructions.

Chapter III

RESPONSIBILITIES FOR MANAGING TERMINAL OPERATIONS

USING A SINGLE-HULL FERRY TO TRANSPORT PASSENGERS AND AUTOMOBILES

Organize specialized state management at ferry terminals using single-hull ferries.

Article 16. Responsibilities of the Vietnam Motor Vehicle Testing Agency

1. Announce models of single-hull ferries permitted to carry passengers and cars so localities have a basis for building new or converting inland waterway vessels in accordance with regulations.

2. Direct and guide inspection units to inspect and issue technical safety certificates and environmental protection certificates for single-hull ferries permitted to carry passengers and cars in accordance with current regulations.

Article 17. Responsibilities of the Directorate of Inland Waterways of Vietnam

Guide professional work for localities in ensuring safe operation and exploitation of river passenger terminals; monitor and inspect the management activities of river passenger terminals using single-hull ferries in localities.

Article 18. Responsibilities of the Department of Transportation

1. Implement state management functions for inland waterway transport within its jurisdiction; coordinate with district and county People's Committees to review applications and issue operating permits for users of single-hull ferries.

2. Coordinate with relevant departments and agencies to implement this Circular to guide traffic participants and transport operators at terminals about its contents and implementation.

3. Direct subordinate agencies to organize inspections, registrations of inland waterway vessels; train and issue certificates of legal education on the Law on Inland Waterway Transport, professional certificates, and licenses according to legal provisions.

4. Direct the Department's Inspectorate to conduct inspections and checks on compliance with laws, state regulations, and provisions of this Circular by terminal owners, terminal operators, ferry owners, ferry drivers, and drivers of vehicles participating in passenger and car transportation activities at the terminal; handle violations of inland waterway transport laws.

5. For terminals located on rivers or canals that are administrative boundaries between two provinces or centrally-administered cities, coordinate and unify with the relevant Department of Transportation regarding operational plans, fare rates, and fee collection levels to ensure the synchronization of passenger transport and road transport vehicle operations at the terminal and order and safety during exploitation.

6. Based on the general provisions of this Circular, direct terminal owners to develop detailed operational and exploitation procedures suitable for the actual conditions of the terminal under their management.

Article 19. Responsibilities of the wharf owner and wharf operator

1. The wharf owner shall be responsible for:

a) Completing the dossier and procedures, submitting to the competent state agency for issuance of a decision on establishment or operation permit for a single-hulled ferry wharf for passenger and automobile transport in accordance with regulations and bearing legal responsibility for the wharf's operations;

b) Establishing operational procedures for a single-hulled ferry wharf for passenger and automobile transport, submitting to the competent state agency for approval;

c) Implementing the provisions of Article 21 of Circular No. 25/2010/TT-BGTVT and other relevant legal regulations.

2. The wharf operator shall be responsible for:

a) Maintaining and ensuring the safety conditions for wharf operations in accordance with regulations;

b) Inland waterway vessels put into operation must be registered and inspected in accordance with regulations;

c) Announcing the operating hours of the wharf, closing and opening times;

d) Arranging sufficient crew members for work on the ferry and shift leaders, wharf staff to manage activities at the wharf;

đ) Implementing the provisions of Article 22 of Circular No. 25/2010/TT-BGTVT and other relevant legal regulations;

e) Posting the wharf rules, ticket prices, and hotlines for receiving passenger feedback;

g) Selecting appropriate locations for vehicle turnaround based on the characteristics of each wharf to ensure safe and convenient loading and unloading of automobiles onto the ferry;

h) Providing sufficient life jackets and floating equipment for crew members, drivers, service personnel, and passengers on board;

i) Adhering to regulations on safety assurance, environmental hygiene maintenance, compliance with dispatch orders, and participation in rescue operations when incidents occur;

k) Coordinating and unifying with the opposing wharf operator to develop plans for orderly and safe river-crossing passenger transport operations;

l) Implementing approved passenger fares, cargo fees, and road traffic vehicle fees by the competent state agency;

m) Being subject to inspection, supervision, and handling by the competent state agency regarding compliance with regulations in the field of inland waterway and road traffic safety assurance;

n) Maintaining cleanliness of ferries, ferry wharfs, passenger waiting rooms, and public restrooms.

Article 20. Responsibilities of crew members and wharf staff

1. The captain must comply with the provisions of Article 79 of the Law on Inland Waterway Traffic and the duties specified in Article 20 of Circular No. 25/2010/TT-BGTVT and other relevant legal regulations.

2. The shift leader is responsible for ensuring safety and security; inspecting and supervising the performance of staff during their shifts at the wharf.

3. Crew members and wharf staff must wear uniforms, name badges, and protective gear (if applicable) while working; they should have courteous, civilized, and polite attitudes, enthusiastically guiding passengers to follow wharf rules and legal regulations.

4. Dispatch staff are responsible for guiding passengers, queuing, purchasing tickets, boarding and disembarking from the wharf; directing road traffic vehicles to safely and conveniently load and unload onto the ferry; requiring passengers to wear life jackets or bring personal floating devices.

5. Ticket sellers are responsible for selling tickets at the posted price list at the wharf, to the correct category, and the correct type of ticket.

6. Security staff are responsible for maintaining order at the wharf, safeguarding the wharf's property, and guiding passengers to properly secure their belongings and luggage.

Article 21. Responsibilities of passengers

1. Follow the guidance and arrangement of crew members and staff; queue up at the pier.

2. Purchase tickets before boarding the ferry.

3. Wear life-saving equipment when boarding the ferry and return it to the ferry before disembarking.

4. Do not climb on or stand on the railing of the ferry or on the ferry's bow while the ferry is moving.

5. Safeguard personal belongings, maintain order and cleanliness.

6. For automobile drivers:

a) Hold a valid driver's license for category B1 or higher, which has not expired and is not subject to prohibition from driving according to regulations;

b) Follow the guidance of pier staff, cooperate with crew members to ensure safety measures for vehicles when boarding and disembarking the ferry and parking on the riverbank.

7. For motorcycle, motorbike, bicycle drivers, must arrange cargo and luggage carried on the transport vehicle neatly and securely.

Article 22. Handling of Violations

The pier owner, pier operator, vessel owner, single-hull ferry driver, road traffic vehicle driver, and related organizations and individuals who violate this Circular will be subject to administrative penalties in the field of inland waterway transportation or road traffic, or criminal liability according to the provisions of the law, depending on the severity of the violation.

Chapter IV

IMPLEMENTATION RESPONSIBILITY

Article 23. Effectiveness of Implementation

This Circular takes effect from August 1, 2014.

Article 24. Responsibility for Implementation

2. During implementation, organizations and individuals should promptly report any arising issues to the Ministry of Transport for consideration and resolution./.