DECISION OF THE MINISTER OF TRANSPORT

Issuing Regulations on Inspection of Inland Waterway Vessels

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THE MINISTER OF TRANSPORTATION

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

Pursuant to the Government Decree No. 86/2002/NĐ-CP dated December 5, 2002 stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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

Based on the proposal of the Director of the Science and Technology Department, the Director of the Legal Affairs Department, and the Director of the Vietnam Inspection Bureau,

Pursuant to …;

Article 1: Issuing the attached to this Decision "Regulations on Inspection of Inland Waterway Vessels".

Article 2: The Director of the Vietnam Inspection Bureau is responsible for organizing the implementation of this Decision throughout the country.

Article 3: This Decision takes effect from January 1, 2005 and replaces Decision No. 2059QĐ/PC dated August 7, 1996 of the Minister of Transport regarding the issuance of technical inspection regulations for inland waterway vessels.

Article 4: The Head of the Office, the Inspector General, the Directors of the Departments of Science and Technology, Legal Affairs, Transportation, Organization and Cadres, Finance, the Director of the Vietnam Inspection Bureau, the Director of the Vietnam Riverway Bureau, the Directors of Provincial Departments of Transport and Public Works, the Heads of organizations and individuals related to the scope of responsibility shall implement this Decision.

REGULATIONS

ON INSPECTION OF INLAND WATERWAY VESSELS

(Issued together with Decision No. 25/2004/QĐ-BGTVT dated November 25, 2004 of the Minister of Transport)

1. These regulations specify the contents, principles, procedures for inspecting inland waterway vessels and the organization of implementing vessel inspections.

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PART I

GENERAL PROVISIONS

Article 1.  Scope of regulation and applicable subjects

2. These regulations apply to organizations and individuals related to the use of inland waterway vessels that must undergo inspection according to these regulations, except for the following types of inland waterway vessels:

a) Vessels performing defense and security duties, fishing boats;

b) Non-motorized vessels with a total load capacity under 5 tons or carrying up to 12 people;

c) Motorized vessels with main engine power under 5 horsepower or carrying less than 5 people;

d) Rafts.

Inland waterway vessels

Article 2. Interpretation of Terms

In these provisions, the following terms are understood as follows:

1. (hereinafter referred to as vessels) are ships, boats, and other floating structures, with or without engines, specifically operating on inland waterways. Inland waterways

2.  are channels, anchorages, structures allowing vessels to pass through dams, rapids on rivers, canals, creeks, or channels on lakes, swamps, lagoons, bays, coastal areas, islands, connecting islands within the internal waters of the Socialist Republic of Vietnam organized for management and transportation. Fishing vessels

3.  are vessels specifically used for fishing, aquaculture, and seafood processing. Motorized vessels

4.  are vessels propelled by engines installed on the vessel. Sports and recreational vessels

5.  are vessels specifically used for sports training, competition, or recreation. The passenger capacity of vessels

6.  INSPECTION OF VESSELS means the maximum number of passengers allowed on the vessel, excluding crew members, drivers, and children under one year old.

Chapter II

Article 3. Contents of vessel inspection work

1. Developing new or amending quality standards, technical safety, and environmental protection regulations for vessels and submitting them to competent state authorities for promulgation.

2. Formulating and issuing regulations on inspection procedures to apply quality standards, technical safety, and environmental protection regulations for vessels.

3. Approving design documents related to the construction, conversion, repair, and restoration of vessels and equipment installed on vessels.

4. Inspecting quality, technical safety, and environmental protection (hereinafter referred to as inspection), issuing certificates of technical safety and environmental protection for inland waterway vessels during construction, conversion, repair, restoration, import, and operation.

5. Measuring and determining the gross tonnage, freeboard, and safe draft marks of vessels.

6. Inspecting and issuing certificates of quality for:

a) Materials, machinery, and equipment used in the construction, conversion, and repair of vessels;

b) Boilers and pressure vessels with working pressure of 0.5 kg/cm² or more installed on vessels;

c) Pollution prevention equipment installed on vessels;² d) Lifting equipment installed on vessels.

c)  Equipment for preventing environmental pollution installed on the means of transport;

d)  Lifting equipment installed on the means of transport.

Article 4. Basis for evaluating the quality, technical safety, and environmental protection of vessels

The approval of design documentation, quality inspection, technical safety, and environmental protection of vessels must be conducted in accordance with the provisions of current technical regulations and standards set forth in the Appendix to this regulation and the business registration inspection regulations.

Article 5. Principles for inspecting and issuing certificates of technical safety and environmental protection for inland waterway vessels

1. Vessels must be inspected and issued certificates of technical safety and environmental protection for inland waterway vessels before administrative registration.

2. Vessels that have been administratively registered may be inspected and issued certificates of technical safety and environmental protection for inland waterway vessels at any inspection unit authorized to oversee the area where the vessel is moored.

3. Newly constructed, converted, or repaired vessels must be inspected and issued certificates of technical safety and environmental protection for inland waterway vessels at the inspection unit authorized to oversee the area where the work was performed.

4. Inspection units are only permitted to inspect and issue certificates of technical safety and environmental protection for inland waterway vessels in accordance with their authority and within the designated areas.

Article 6. Types of inspections for vessels

1. Inspections of vessels include the following types of inspections:

a) Initial inspection is carried out on newly constructed vessels, imported vessels, and vessels applying for administrative registration.

b) Periodic inspection is conducted to comprehensively assess the technical condition of the vessel.

c) Annual inspection is performed when the vessel undergoes annual maintenance.

d) Dockside inspection is conducted to evaluate the technical condition of the submerged portion of the vessel below the waterline.

e) Intermediate inspection is carried out on vessels carrying dangerous chemical cargoes, liquefied gas carriers, and high-speed passenger vessels to assess the overall technical condition of the vessel.

f) Special inspection is conducted upon request from competent state authorities and as prescribed.

2. The content of inspections and the intervals between periodic, annual, intermediate, and dockside inspections are carried out according to the provisions of current technical regulations and standards applicable to the type of vessel.

Chapter III

PROCEDURES FOR APPROVING DESIGN DOCUMENTATION, INSPECTING, AND ISSUING CERTIFICATES OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION FOR INLAND WATERWAY VESSELS

Article 7. Procedures for approving design documentation

1. The design entity must present the following documents and materials when requesting approval of the design documentation:

a) Application for design review;

b) Design assignment letter;

c) Design documentation in accordance with the applicable technical regulations and standards for the vessel.

2. When the design documentation is complete and meets the requirements of technical regulations and standards for quality, technical safety, and environmental protection, the Vietnam Registration Authority must complete the approval process and issue a design approval certificate to the design entity within five working days. For new or complex vessel designs, the time to complete the design approval will be agreed upon between the inspection unit and the design entity.

Article 8. Procedures for inspection and issuance of certificates of technical safety and environmental protection for inland waterway vessels

1. The owner of the vessel or the new construction, repair, and restoration facility of the vessel when requesting inspection and issuance of certificates of technical safety and environmental protection for inland waterway vessels must submit the request for inspection to the inspection unit. The request for inspection can be made in writing, by telephone, fax, email, or directly.

2. Upon accepting the inspection, the inspection unit must dispatch personnel to conduct the inspection at the agreed time and location. If the vessel or equipment installed on the vessel meets the provisions of technical regulations and environmental standards, the inspection unit must issue the inspection dossier for the vessel no later than one working day after the completion of the inspection. Other cases shall be carried out according to the agreement between the inspection unit and the owner of the vessel, the new construction, repair, and restoration facility.

3. Upon receiving a written extraordinary inspection request from a competent state agency, the inspection unit must organize the inspection and provide a written response regarding the inspection results according to the content, time, and location specified in the inspection request.

Article 9. Inspection Dossier Issued to Vessels

1. After being inspected and found to meet the technical regulations and standards, the vessel will be issued the following documents:

a) Certificate of Technical Safety and Environmental Protection for Inland Waterway Vessels;

b) Logbook of Technical Inspection for Inland Waterway Vessels;

c) Various Technical Inspection Reports;

2. In addition to the documents stipulated in Clause 1 of this Article, depending on the purpose or level of equipment of the vessel, there may also be:

a) Logbook of Pressure Vessel Inspection;

b) Logbook of Cargo Handling Equipment Inspection;

c) Logbook of Vessel Displacement Volume Certification;

d) Certificates of Quality for Materials, Equipment, and Installations on the Vessel.

3. The Vietnam Inspection Agency shall specify the format of the inspection dossier issued to vessels as stipulated in Clauses 1 and 2 of this Article.

Chapter IV

IMPLEMENTATION OF VESSEL INSPECTION

Article 10. Agencies Implementing Vessel Inspection

1. The Vietnam Inspection Agency implements vessel inspection as follows:

a) The Vietnam Inspection Agency, the specialized state management agency for vessel inspection, is responsible for implementing the inspection contents stipulated in Article 3 of this Regulation, and organizing a unified system of inspection units nationwide to carry out vessel inspection work.

b) Branches and branches under the Vietnam Inspection Agency, and inspection units under the Department of Transport, Department of Transport and Public Works (hereinafter referred to as inspection units) are responsible for carrying out the inspection tasks stipulated in Articles 11 and 12 of this Regulation.

2. In cases where there is mutual agreement between the Vietnam Inspection Agency and the Department of Transport, Department of Transport and Public Works, the inspection tasks assigned to inspection units under the Department of Transport, Department of Transport and Public Works shall be undertaken by inspection units under the Vietnam Inspection Agency.

Article 11. Tasks of units under the Vietnam Maritime Administration Bureau

Units under the Vietnam Maritime Administration Bureau shall carry out inspections and issue certificates of technical safety and environmental protection for inland waterway vessels as follows:

1. All types of vessels operating along coastal areas, from shore to islands, and between islands.

2. Vessels carrying dangerous goods.

3. Types of passenger ferries, including barges if any.

4. Sports and recreational vessels.

5. Vessels equipped with lifting devices.

6. Foreign vessels or joint venture vessels participating in inland waterway transport.

7. Vessels operating on rivers, canals, creeks, lakes, ponds, and bays:

a) Vessels with a capacity to carry more than 50 people;

b) Non-motorized vessels with a total weight of over 7849 tons;

c) Motorized vessels with a main engine power of 135 horsepower or more;

d) Special-purpose vessels such as floating platforms, floating docks, floating construction equipment, floating houses, floating hotels, dredgers, suction dredgers... with a designed waterline length of 10 meters or more.

Article 12. Tasks of units under the Department of Transport and the Department of Transport and Public Works

1. Units under the Department of Transport and the Department of Transport and Public Works shall carry out inspections and issue certificates of technical safety and environmental protection for inland waterway vessels operating on rivers, canals, creeks, lakes, ponds, and bays directly managed by local authorities, including:

a) Vessels with a capacity to carry less than 50 people;

b) Non-motorized vessels with a total weight of less than 7849 tons;

c) Motorized vessels with a main engine power of less than 135 horsepower;

d) Special-purpose vessels such as floating platforms, floating docks, floating construction equipment, floating houses, dredgers, suction dredgers... with a designed length of less than 10 meters.

2. Units under the Department of Transport and the Department of Transport and Public Works shall be subject to management, inspection, guidance, and professional supervision by the Vietnam Maritime Administration Bureau; they must report regularly and urgently to the Vietnam Maritime Administration Bureau on their inspection work and issuance of certificates of technical safety and environmental protection for vessels.

Article 13. Responsibilities of inspection units

Inspection units must meet the standards set forth by the Minister of Transport and must conduct inspections and issue certificates of technical safety and environmental protection for inland waterway vessels objectively and in accordance with professional requirements and the law. The head of the inspection unit and the inspectors must be responsible for the results of the inspections. Any abuse of authority and intentional violation of these regulations will be dealt with according to current laws.

Article 14. Responsibilities of vessel owners, design entities, new construction, modification, repair, and restoration entities

1. Vessel owners have the responsibility to comply with the provisions on vessel registration inspections as stipulated herein when the vessel is newly constructed, modified, repaired, restored, imported, and during its operation; they are responsible for ensuring the technical safety and environmental protection status of the vessel between two inspection periods according to specified standards.

2. Design entities, new construction, modification, repair, and restoration entities must comply with the regulations on design documentation and approval of design documentation for vessels; they must adhere to quality, technical safety, and environmental protection standards for vessels and be consistent with approved design documentation. During the construction process, new construction, modification, repair, and restoration entities must be subject to inspection and supervision by inspection units regarding quality, technical safety, and environmental protection standards.

Article 15. Fees for design approval, inspection, and fees for issuing certificates of technical safety and environmental protection for inland waterway vessels

1. Design entities, vessel owners, new construction facilities, conversion facilities, repair and restoration facilities shall be responsible for paying the fees for design approval documentation, inspection, and fees for issuing certificates in accordance with current regulations.

2. The Vietnam Register and inspection units when conducting vessel inspections shall be responsible for collecting fees for design approval, inspection, and fees for issuing certificates in accordance with current regulations.