Circular No. 25/2004/TT-BGTVT guides the receiving, transmitting, and processing of maritime security information between ships, shipping companies, port enterprises, and related agencies. The Circular stipulates the responsibilities of security officers in receiving and reporting security level information, as well as the requirement to sign Security Agreements when necessary.
적용 범위
Security officers of Vietnam Shipping Company, ship security officers, port security officers, Marine Port Services, and related agencies.
핵심 사항
- Security officers of Vietnam Shipping Company → receive security level information from the center and report back to the center (Article 1 Clause 1).
- Ship security officers → request signing of Security Agreements in specific cases (Article 1 Clause 2).
- Foreign ships → notify the security level before entering Vietnam's territorial waters and receive notifications from Marine Port Services (Article II Clause 1 Point a).
- Port security officers → decide on signing Security Agreements with ships based on risk assessment (Article II Clause 1 Point c).
- The Circular takes effect 15 days after publication in the Official Gazette and applies to relevant Ministries, sectors, and organizations (Article III).
🌐 이 문서의 사회적 영향
- Positive impact: Enhance maritime security, reduce risks to people, property, and the environment.
- Negative impact: May increase costs for businesses in terms of management and compliance with regulations.
❓ 자주 묻는 질문
What must security officers of Vietnam Shipping Company do?
Security officers of Vietnam Shipping Company must receive maritime security level information from the center and report back to the center (Article 1 Clause 1).
When can ship security officers request signing of Security Agreements?
Ship security officers may request signing of Security Agreements in the following cases: the ship is operating at a higher security level than the port or other ships, there is an agreement on Security Agreements between the Government of Vietnam and foreign countries, there is a security threat or security incident involving the ship or port (Article 1 Clause 2).
What must foreign ships notify before entering Vietnam's territorial waters?
Before entering Vietnam's territorial waters, the shipmaster, ship owner, or agent of the ship owner must notify the security level maintained on board and other relevant maritime security information (Article II Clause 1 Point a).
How long must port security officers retain copies of Security Agreements?
Copies of Security Agreements are retained on board ships for a minimum period of ten ports visited (Article I Clause 3).
From which date does this Circular take effect?
This Circular takes effect 15 days after publication in the Official Gazette (Article III Clause 1).
전문
CIRCULAR
Guidelines for receiving, transmitting, and processing maritime security information on ships,
shipping companies, port enterprises, and related agencies
__________________________________
Pursuant to Clause 4, Article 9 of Decision No. 125/2004/QĐ-TTg dated July 9, 2004 of the Prime Minister regarding the announcement, receipt, transmission, and processing of maritime security information, the Minister of Transport guides relevant agencies, organizations, and individuals to uniformly implement the following points:
I. RECEIVING, TRANSMITTING, AND PROCESSING MARITIME SECURITY INFORMATION OF SECURITY STAFF OF VIETNAM SHIPPING COMPANY, SECURITY OFFICERS ON SHIPS BELONGING TO THE COMPANY, AND RELATED AUTHORITIES
1. Security staff of the company shall promptly receive information on the level of maritime security and changes in the level of maritime security from the Vietnam Maritime Security Information Reception and Transmission Center (hereinafter referred to as the center) to inform relevant security officers on ships of the company, while also confirming receipt back to the center.
2. Based on assessing potential risks that may occur to people, property, or the environment from communication activities between ships and ports, security officers on ships may request security staff at port enterprises or competent authorities at foreign ports to sign a Security Agreement in the following cases:
a) The ship is operating at a higher security level than the port or another ship it is communicating with;
b) There is an agreement on a Security Agreement between the Government of the Socialist Republic of Vietnam and the Governments of other member states of the SOLAS Convention 74 for certain international routes or specific ships operating on those routes;
c) There exists a security threat or security incident related to the ship or the port;
d) The ship is at a port that is not required to have and implement an approved Port Security Plan;
đ) The ship is communicating with another ship that is not required to have and implement an approved Ship Security Plan.
3. The Security Agreement specified in Clause 2 of this Article must be kept on board the ship for a minimum period of ten consecutive ports visited.
II. RECEIVING, TRANSMITTING, AND PROCESSING MARITIME SECURITY INFORMATION OF SHIPS AND RELATED AUTHORITIES AT PORTS
1. In the case of foreign ships arriving at Vietnamese ports:
a) At least 24 hours before entering the territorial waters of the Socialist Republic of Vietnam, the master, owner, or agent of the owner, or the agent of the ship operator, must directly contact the Marine Port Authority at the location of the expected port to:
- Report on the security level maintained on their ship and other relevant maritime security information according to the Ship Security Declaration Form prescribed in the Appendix attached to this Circular;
- Receive notification from the Marine Port Authority about the security level being applied at the port and the security measures to be implemented on the ship.
b) After receiving the relevant security information about the ship as stipulated in Point a, Clause 1 of this Section, the Marine Port Authority must notify the security staff at the port where the ship will dock.
c) Based on assessing potential risks that may occur to people, property, or the environment from communication activities between ships and ports, security staff at the port must decide whether to sign a Security Agreement with the ship. The Security Agreement must be kept at the port.
d) When there is a change in the security level on the ship or at the port since the previous contact, security officers on the ship and security staff at the port must immediately inform each other to handle the situation promptly.
2. In the case of Vietnamese and foreign ships departing from Vietnamese ports:
Upon request, the Marine Port Authority at the departure port shall provide relevant maritime security information to the ship's security officer before the ship departs from the Vietnamese port to update information related to the voyage.
III. IMPLEMENTATION
1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.
2. Relevant Ministries, Departments, People's Committees of provinces and centrally governed cities, Heads of Offices, Inspectors General, Department Heads under the Ministry, Directors of the Vietnam Maritime Administration Bureau, Directors of the Vietnam Ship Survey Bureau, Directors of Marine Port Authorities, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.
During implementation, if any difficulties arise, agencies, organizations, and individuals are requested to promptly report to the Ministry of Transport for consideration and resolution.
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