Circular No. 25/2017/TT-BGTVT stipulates the forms of certificates and logs for technical safety and environmental protection issued to seagoing vessels, inland waterway craft, and industrial products used for inland waterway craft.

CIRCULAR

Provisions on forms of certificates and logbooks for technical safety and environmental protection issued to seagoing vessels, inland waterway vessels, and industrial products used for inland waterway vessels.

___________

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

On the basis of The Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport issues this Circular amending and supplementing certain articles of Circular No. 29/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport on quality inspection, technical safety, and environmental protection for railway transportation vehicles, and Circular No. 18/2019/TT-BGTVT dated May 20, 2019, issued by the Minister of Transport guiding the implementation of Decree No. 139/2018/NĐ-CP dated October 8, 2018, of the Government on business operations of vehicle inspection services.

The Minister of Transport shall issue a Circular providing provisions on forms of certificates and logbooks for technical safety and environmental protection issued to seagoing vessels, inland waterway vessels, and industrial products used for inland waterway vessels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular provides provisions on forms of certificates and logbooks for technical safety and environmental protection issued to seagoing vessels, inland waterway vessels, and industrial products used for inland waterway vessels.

2. This Circular does not apply to seagoing vessels, inland waterway vessels, and industrial products of inland waterway vessels solely used for national defense, security purposes, and fishing vessels.

Article 2. Scope of Application

This Circular applies to organizations and individuals involved in designing, manufacturing, building new, repairing, converting, using, and inspecting technical safety and environmental protection for seagoing vessels, inland waterway vessels, and industrial products used for inland waterway vessels.

Article 3. Application of laws

In case the legal normative documents cited in this Circular are amended, supplemented, or replaced by other documents, the amended, supplemented, or replacing documents shall be applied.

Chapter II

FORMS OF CERTIFICATES AND LOGBOOKS FOR TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION ISSUED TO SEAGOING VESSELS

Article 4. Forms of certificates and logbooks for technical safety and environmental protection issued to seagoing vessels according to Vietnamese laws

Forms of certificates and logbooks for technical safety and environmental protection issued to seagoing vessels according to Circular No. 40/2016/TT-BGTVT dated December 3, 2016, of the Minister of Transport on seagoing vessel inspection in Vietnam and corresponding national technical regulations include:

1. Certificate of Classification issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 54:2015/BGTVT, QCVN 56:2013/BGTVT, QCVN 81:2014/BGTVT in Form No. 01 attached to this Circular.

2. Single Voyage Compliance Certificate issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 54:2015/BGTVT, QCVN 56:2013/BGTVT in Form No. 02 attached to this Circular.

3. Deferred Maintenance, Repair, Inspection Certificate issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 23:2016/BGTVT, QCVN 42:2015/BGTVT in Form No. 03 attached to this Circular.

4. Equipment Safety Certificate issued according to National Technical Regulation: QCVN 42:2015/BGTVT, QCVN 21:2015/BGTVT in Form No. 04 attached to this Circular.

5. Dry Cargo Capacity Certificate issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 54:2015/BGTVT in Form No. 05 attached to this Circular.

6. Gross Tonnage Certificate (for vessels less than 24 meters in length) issued according to National Technical Regulation: QCVN 63:2013/BGTVT in Form No. 06 attached to this Circular.

7. Oil Pollution Prevention Certificate issued according to National Technical Regulation: QCVN 26:2016/BGTVT in Form No. 07 attached to this Circular.

8. Hoisting Gear Wire Rope Testing and Inspection Certificate issued according to National Technical Regulation: QCVN 23:2016/BGTVT in Form No. 08 attached to this Circular.

9. Hoisting Gear Wire Rope Testing and Comprehensive Inspection Certificate issued according to National Technical Regulation: QCVN 23:2016/BGTVT in Form No. 09 attached to this Circular.

10. Swivel Crane or Lifting Machine Testing and Comprehensive Inspection Certificate issued according to National Technical Regulation: QCVN 23:2016/BGTVT in Form No. 10 attached to this Circular.

11. Elevator/Cargo Lift Testing and Comprehensive Inspection Certificate issued according to National Technical Regulation: QCVN 23:2016/BGTVT in Form No. 11 attached to this Circular.

12. Detachable Lifting Equipment Parts Testing and Comprehensive Inspection Certificate issued according to National Technical Regulation: QCVN 23:2016/BGTVT in Form No. 12 attached to this Circular.

13. Steel Wire Rope Testing and Comprehensive Inspection Certificate issued according to National Technical Regulation: QCVN 23:2016/BGTVT in Form No. 13 attached to this Circular.

14. Register of Lifting Equipment and Detachable Parts of Seagoing Vessels issued according to National Technical Regulation: QCVN 23:2016/BGTVT in Form No. 14 attached to this Circular.

15. Passenger Ship Safety Certificate issued according to National Technical Regulation: QCVN 21:2015/BGTVT in Form No. 15 attached to this Circular.

16. High-Speed Craft Safety Certificate issued according to National Technical Regulation: QCVN 54:2015/BGTVT in Form No. 16 attached to this Circular.

17. Maintenance Certificate issued according to National Technical Regulation: QCVN 21:2015/BGTVT in Form No. 17 attached to this Circular.

18. Change of Data Certificate issued according to National Technical Regulation: QCVN 21:2015/BGTVT in Form No. 18 attached to this Circular.

19. Design Approval Certificate for Seagoing Vessels issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 54:2015/BGTVT, QCVN 56:2013/BGTVT, QCVN 03:2016/BGTVT, QCVN 81:2014/BGTVT, QCVN 92:2015/BGTVT in Form No. 19 attached to this Circular.

20. Modified Design Approval Certificate for Seagoing Vessels issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 54:2015/BGTVT, QCVN 56:2013/BGTVT, QCVN 03:2016/BGTVT, QCVN 81:2014/BGTVT, QCVN 92:2015/BGTVT in Form No. 20 attached to this Circular.

21. Conversion Design Approval Certificate for Seagoing Vessels issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 54:2015/BGTVT, QCVN 56:2013/BGTVT, QCVN 03:2016/BGTVT, QCVN 81:2014/BGTVT, QCVN 92:2015/BGTVT in Form No. 21 attached to this Circular.

22. Certificate of design appraisal is issued according to National Technical Regulations: QCVN 21:2015/BGTVT, QCVN 54:2015/BGTVT, QCVN 56:2013/BGTVT, QCVN 03:2016/BGTVT; QCVN 72:2014/BGTVT, QCVN 23:2016/BGTVT in Form No. 22 attached as Appendix to this Circular.

23. Certificate of suitability for transporting bulk solid cargo by sea is issued according to National Technical Regulations: QCVN 21:2015/BGTVT and the International Maritime Solid Bulk Cargoes Code (IMSBC Code) in Form No. 23 attached as Appendix to this Circular.

24. Certificate of suitability for transporting packaged dangerous goods or solid bulk cargo by sea is issued according to National Technical Regulations: QCVN 21:2015/BGTVT and Chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS 74) in Form No. 24 attached as Appendix to this Circular.

Article 5. Forms of certificates of technical safety and environmental protection issued to ships according to international conventions of the International Maritime Organization (IMO) and the International Labour Organization (ILO).

1. For certificates of technical safety and environmental protection issued according to international conventions of IMO and ILO that Vietnam is a member of, the Ministry of Transport assigns the Vietnam Ship Registry to implement using forms prescribed by those international conventions.

2. For certificates of technical safety and environmental protection issued according to international conventions of IMO and ILO that Vietnam is not a member of or where the convention does not specify the form of certificate, upon request of the shipowner to provide information to relevant authorities that the ship is compliant, the following forms of certificates shall be used to issue to the ship:

a) Certificate of compliance with ballast water management is issued according to the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM 2004) in Form No. 25 attached as Appendix to this Circular.

b) Certificate of compliance with the list of hazardous materials is issued according to the International Convention for the Safe Recycling of Ships (Hong Kong 2010) in Form No. 26 attached as Appendix to this Circular.

c) Certificate of compliance with ship recycling facilities is issued according to the International Convention for the Safe Recycling of Ships (Hong Kong 2010) in Form No. 27 attached as Appendix to this Circular.

d) Certificate of approval for cargo plan for bulk solid cargo is issued according to Chapter VI of the International Convention for the Safety of Life at Sea (SOLAS 74) in Form No. 28 attached as Appendix to this Circular.

Article 6. Forms of temporary certificates or conditional certificates

For temporary certificates or conditional certificates issued to ships, corresponding forms specified in Article 4 and Article 5 of this Circular shall be used, and the words "Temporary" or "Conditional" shall be added to the certificate.

Article 7. Forms of certificates and logbooks of technical safety and environmental protection issued by foreign classification societies authorized to issue to Vietnamese ships.

In cases where foreign classification societies authorized to issue certificates and logbooks of technical safety and environmental protection to Vietnamese ships, the Vietnam Ship Registry sends forms according to international conventions of IMO and ILO that Vietnam is a member of to the foreign classification societies for their use.

Chapter III

FORMS OF CERTIFICATES AND LOGBOOKS OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION ISSUED TO INLAND WATERWAY VESSELS AND INDUSTRIAL PRODUCTS USED FOR INLAND WATERWAY VESSELS

Article 8. Forms of certificates and logbooks of technical safety and environmental protection issued to inland waterway vessels.

Forms of certificates and logbooks of technical safety and environmental protection issued to inland waterway vessels according to Circular No. 48/2015/TT-BGTVT dated September 22, 2015 of the Minister of Transport on inspection of inland waterway vessels and corresponding national technical regulations include:

1. Certificate of technical safety and environmental protection for inland waterway vessels issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 95:2016/BGTVT in Form No. 29 attached as Appendix to this Circular.

2. Single voyage certificate issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 25:2015/BGTVT, QCVN 95:2016/BGTVT in Form No. 30 attached as Appendix to this Circular.

3. Certificate of technical safety and environmental protection for inland waterway vessels issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 25:2015/BGTVT, QCVN 95:2016/BGTVT in Form No. 31 attached as Appendix to this Circular.

4. Certificate of design appraisal for inland waterway vessels issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 25:2015/BGTVT, QCVN 95:2016/BGTVT in Form No. 32 attached as Appendix to this Circular.

5. Certificate of design appraisal amendment for inland waterway vessels issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 25:2015/BGTVT, QCVN 95:2016/BGTVT in Form No. 33 attached as Appendix to this Circular.

6. Certificate of design appraisal conversion for inland waterway vessels issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 25:2015/BGTVT, QCVN 95:2016/BGTVT in Form No. 34 attached as Appendix to this Circular.

7. Certificate of design appraisal prototype for inland waterway vessels issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 25:2015/BGTVT in Form No. 35 attached as Appendix to this Circular.

8. Certificate of copy and design appraisal for inland waterway vessels issued according to National Technical Regulations: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 25:2015/BGTVT in Form No. 36 attached as Appendix to this Circular.

9. Certificate of technical safety and environmental protection for inland waterway vessels issued according to National Technical Regulation QCVN 25:2015/BGTVT in Form No. 37 attached as Appendix to this Circular.

10. Logbook certifying the water displacement volume of inland waterway vessels issued according to National Technical Regulation: Amendment 1: 2015 QCVN 72:2013/BGTVT in Form No. 38 attached as Appendix to this Circular.

11. Logbook for inspecting cargo handling equipment on inland waterway vessels issued according to National Technical Regulation: Amendment 1: 2015 QCVN 72:2013/BGTVT in Form No. 39 attached as Appendix to this Circular.

Article 9. Forms of certificates issued for industrial products used for inland waterway vessels.

Forms of certificates issued for industrial products used for inland waterway vessels as stipulated in Circular No. 48/2015/TT-BGTVT dated September 22, 2015 of the Minister of Transport on inland waterway vessel inspection and corresponding national technical regulations include:

1. Certificate of product type approval for industrial products used for inland waterway vessels issued according to National Technical Regulation: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 95:2016/BGTVT in Form No. 40 attached as Appendix to this Circular.

2. Certificate of design review for industrial products used for inland waterway vessels issued according to National Technical Regulation: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 95:2016/BGTVT in Form No. 41 attached as Appendix to this Circular.

3. Certificate of product approval for industrial products used for inland waterway vessels issued according to National Technical Regulation: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 95:2016/BGTVT in Form No. 42 attached as Appendix to this Circular.

4. Certificate of product testing for industrial products used for inland waterway vessels issued according to National Technical Regulation: Amendment 1: 2015 QCVN 72:2013/BGTVT, QCVN 95:2016/BGTVT in Form No. 43 attached as Appendix to this Circular.

Chapter IV

RESPONSIBILITIES OF REGISTRATION AUTHORITIES

Article 10. Vietnam Registration Agency

1. Organize printing, issuance, management, inspection, and guidance for organizations and individuals to use forms in accordance with the provisions of this Circular.

2. Guide registration units to use the forms prescribed in this Circular to issue to the subjects specified in Clause 2, Article 1 of this Circular upon request from relevant agencies.

3. Report and propose the Ministry of Transport to update, amend, supplement, or revoke the forms prescribed in this Circular.

Article 11. Registration Units

Use the certificate forms in accordance with the provisions of this Circular.

Chapter V

EFFECTIVE IMPLEMENTATION AND ORGANIZATION OF ENFORCEMENT

Article 12. Effective Date

1. This Circular takes effect from September 15, 2017.

2. Repeal Circular No. 15/2013/TT-BGTVT dated July 26, 2013 of the Minister of Transport on forms of certificates and logbooks for safety and environmental protection inspections issued for ships, inland waterway vessels, and industrial products used for inland waterway vessels.

3. Certificates and logbooks for safety and environmental protection issued for ships, inland waterway vessels, and industrial products used for inland waterway vessels before September 1, 2017, in accordance with Circular No. 15/2013/TT-BGTVT dated July 26, 2013 of the Minister of Transport on forms of certificates and logbooks for safety and environmental protection inspections issued for ships, inland waterway vessels, and industrial products used for inland waterway vessels shall continue to be valid until the expiration date of these certificates and logbooks.

Article 13. Implementation organization

The Head of the Ministry's Office, the Head of the Ministry's Inspectorate, the Directors of relevant Departments, the Director of the Vietnam Motor Vehicle Registration Agency, the Heads of agencies and units under the Ministry of Transport, and related organizations and individuals are responsible for implementing this Circular./.