Circular No. 27/2011/TT-BGTVT on the application of the 2002 amendments and supplements to the International Convention for the Safety of Life at Sea 1974 (SOLAS 74) and the International Ship and Port Facility Security Code (ISPS Code) accompanying the Law on International Maritime Security and Ports

CIRCULAR

Implementing the 2002 amendments and supplements to the International Convention for the Safety of Life at Sea 1974

concerning the safety of human life at sea annexed hereto

The International Code on Maritime Security and Port Security

_________________________

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

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;

Pursuant to Decision No. 191/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister approving the 2002 amendments and supplements to certain chapters of the International Convention for the Safety of Human Life at Sea 1974;

Pursuant to the 2002 amendments to the International Convention for the Safety of Human Life at Sea 1974 annexed to the International Code on Maritime Security and Port Security;

The Minister of Transport hereby promulgates the implementation of the 2002 amendments and supplements to the International Convention for the Safety of Human Life at Sea 1974 annexed to the International Code on Maritime Security and Port Security and procedures for issuing certificates as prescribed in the International Code on Maritime Security and Port Security as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the implementation of the 2002 amendments and supplements to the International Convention for the Safety of Human Life at Sea 1974 (hereinafter referred to as the SOLAS 74 Convention) annexed to the International Code on Maritime Security and Port Security (hereinafter referred to as the ISPS Code), and procedures for issuing certificates as prescribed in the ISPS Code.

Article 2. Applicability

Article 1. This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the assessment, approval, and issuance of security certificates for ships operating on international routes.

a) Passenger ships;

b) Cargo ships with a total gross tonnage of 500 GT or more;

c) Offshore mobile drilling units.

Article 2. This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the assessment, approval, and issuance of security certificates for ports or wharfs, docks (hereinafter collectively referred to as ports) receiving ships operating on international routes as specified in Clause 1 of this Article.

Article 3. Responsibilities for implementing the ISPS Code

1. Responsibilities of the Vietnam Maritime Administration

The Vietnam Maritime Administration - the specialized state management agency in maritime affairs shall perform the function of "Competent Authority" and have the following responsibilities and powers:

a) Guide port enterprises in developing Port Security Plans; approve Port Security Plans and any supplements or amendments thereto;

b) Issue Port Security Compliance Certificates according to the model prescribed in Appendix I of this Circular and conduct annual verification inspections;

c) Guide the implementation of "Security Commitment Forms" according to the model prescribed in Appendix II of this Circular;

d) Serve as the point of contact for receiving, processing, and transmitting maritime security information regarding ships, ship companies, port enterprises, and relevant agencies;

e) Exchange information with the International Maritime Organization on the implementation of the 2002 amendments and supplements to the SOLAS 74 Convention and the ISPS Code in Vietnam;

f) Organize the issuance of "Continuous Synopsis Records of Ships" according to the model prescribed in Appendix III of this Circular.

The Vietnam Ship Inspection Bureau performs the function of "Recognized Security Organization," with responsibilities and authorities as follows:

a) Organize training and issue certificates for Ship Security Officers and Company Security Officers in accordance with the standard program of the International Maritime Organization;

b) Approve Ship Security Assessments;

c) Approve Ship Security Plans;

d) Inspect ship security systems and equipment in accordance with the requirements of the ISPS Code and issue "International Ship Security Certificates" and "Temporary International Ship Security Certificates."

Article 3. Responsibilities of the Marine Port Control Office

The Marine Port Control Office shall have the following responsibilities and powers:

a) Guide port enterprises in conducting port security assessments;

b) Approve port security assessment reports and issue Approval Verification Certificates according to the model prescribed in Appendix IV of this Circular;

c) Supervise and inspect the implementation of security work at wharfs;

d) Perform other tasks when authorized by the Vietnam Maritime Administration.

a) Organize port security training in accordance with the standard program of the International Maritime Organization and issue Training Participation Certificates for port security training according to the model prescribed in Appendix V of this Circular;

b) Report to the Vietnam Maritime Administration the list of persons who have been issued Training Participation Certificates for port security training.

Article 5. Responsibilities of port enterprises

a) Lead the organization of port security assessments and develop Port Security Assessment Reports according to the model in Appendix VI with the advice of representatives from relevant agencies including: port customs, marine port control officers trained in port security (this officer will not participate in the review and approval of the port security assessment report), port police, traffic police (if applicable), and border guards;

b) Develop Port Security Plans according to the model in Appendix VII;

c) Conduct internal security assessments of ports and organize meetings with representatives of specialized management agencies at the port to review and assess Internal Security Assessment Reports (according to the model prescribed in Appendix VIII) to obtain annual confirmation of Port Security Compliance Certificates;

d) Organize specific security inspections of ports according to the "Port Security Inspection Checklist" prescribed in Appendix IX to reassess and revise port security plans when Port Security Compliance Certificates expire.

d) Ensure there are sufficient port security officers and establish a port security organization (for large-scale port enterprises comprising multiple subordinate piers, a Security Board or Department may be established - consisting of representatives from port leadership, representatives from the operations department, human resources, technical staff, security-trained personnel who are expected to be appointed as port security officers; for small-scale port enterprises comprising one or two piers (wharfs), a port security unit may be established under the leadership of a member of the port management board, security staff, operations or technical staff, security-trained personnel who are expected to be appointed as port security officers).

6. Responsibilities of Shipping Companies

a) Organize ship security assessments;

b) Develop ship security plans;

d) Ensure that ships fully and promptly comply with requirements regarding: ship security assessments; developing ship security plans for review, approval, and issuance of either the International Ship Security Certificate or the Interim International Ship Security Certificate. At the same time, ensure these ships are issued with the Ship's Record Book and Security Declaration for use when necessary;

đ) Equip ships with devices specified in the 2002 amendments to the SOLAS Convention 74 and the ISPS Code, and designate a deck officer兼任船长安全官的职务，并指定一名或多名负责公司安全官员的人员。

Chapter II

PROCEDURES FOR ISSUING CERTIFICATES FOR SHIP SECURITY SYSTEMS, APPROVING SHIP SECURITY PLANS, AND ISSUING CERTIFICATES FOR SHIP SECURITY OFFICERS AND COMPANY SECURITY OFFICERS

NAVIGATION SECURITY, PROCEDURES FOR APPROVING THE MARITIME SECURITY PLAN AND PROCEDURES FOR ISSUING CERTIFICATES TO MARINE SECURITY OFFICERS AND COMPANY SECURITY OFFICERS

MARITIME SECURITY, PROCEDURES FOR APPROVING THE MARITIME SECURITY PLAN AND PROCEDURES FOR ISSUING CERTIFICATES TO MARINE SECURITY OFFICERS

MARITIME SECURITY, PROCEDURES FOR ISSUING CERTIFICATES TO COMPANY SECURITY OFFICERS AND COMPANY SECURITY PERSONNEL

Article 4. Procedures for Issuing the International Ship Security Certificate

1. Implementation procedures

a) The shipping company submits the application to the Vietnam Maritime Administration Bureau.

b) The Vietnam Maritime Administration Bureau receives and reviews the application; if the application is incomplete, it guides the shipping company to complete it; if complete, it informs the shipping company of the date and location for the assessment as requested.

d) After completing the assessment, if the ship security system does not meet the requirements of the ISPS Code, the shipping company is notified to rectify the situation; if it meets the requirements, the Vietnam Maritime Administration Bureau issues the International Ship Security Certificate according to the model specified in Appendix XI or Appendix XII.

2. Implementation method

b) The shipping company receives the result through the postal service; or directly at the Vietnam Maritime Administration Bureau.

3. Components and Quantity of Documents:

a) Application components: A request for ship security system assessment according to the model specified in Appendix X.

b) Number of sets of documents: 01 set.

4. Processing Time: The International Ship Security Certificate shall be issued no later than one working day after the completion of the assessment.

5. Conditions: The ship security system must satisfy the requirements of the ISPS Code.

6. Fees and Charges: As stipulated by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 5. Procedure for approving the ship security plan

1. Implementation procedures

a) The shipping company submits the dossier to the Vietnam Ship Registry Bureau;

c) The Vietnam Ship Registry Bureau conducts a review of the ship security plan; if the ship security plan does not meet the requirements of the ISPS Code, it notifies the shipping company to supplement and complete it; if it meets the requirements, the Vietnam Ship Registry Bureau approves the ship security plan and issues an Approval Certificate according to the model specified in Appendix XIII.

2. Implementation method

The shipping company submits the dossier and receives the result through the postal system; or directly at the Vietnam Ship Registry Bureau.

3. Components and quantity of the dossier

01 Application for approval of the ship security plan according to the model prescribed in Appendix X and 02 original copies of the ship security plan.

b) Number of sets of documents: 01 set.

4. Time limit for resolution

Approving the ship security plan and issuing the Approval Certificate shall be completed no later than 01 working day from the date of completing the review of the ship security plan.

5. Requirements: The ship security plan must comply with the requirements of the ISPS Code.

6. Fees and Charges: As stipulated by the Ministry of Finance and paid directly or transferred to the issuing authority.

1. Implementation procedures

a) Organizations and individuals submit the dossier to the Vietnam Ship Registry Bureau;

b) The Vietnam Ship Registry Bureau receives and checks the dossier; if the dossier is incomplete, it guides organizations and individuals to complete it; if the dossier is complete, it informs organizations and individuals about the time and place of training;

c) The Vietnam Ship Registry Bureau organizes training and conducts a post-training examination; if the results are unsatisfactory, it notifies organizations and individuals; if satisfactory, it issues a Certificate of Training for Ship Security Officers and Company Security Officers according to the model specified in Appendix XIV.

2. Implementation method

Organizations and individuals submit the dossier and receive the result through the postal system or directly at the Vietnam Ship Registry Bureau.

3. Components and quantity of the dossier

A letter of request from organizations and individuals; a resume confirmed by the relevant authority or unit and 01 color photograph size 4 x 6 taken within the last 06 months (the back of the photograph should have the name, date of birth, and year of birth written on it).

b) Number of sets of documents: 01 set.

4. Time limit for resolution

The Certificate of Training for Ship Security Officers and Company Security Officers will be issued no later than 01 working day from the date of obtaining the training results.

5. Requirements: Achieve the course results as required by the ISPS Code.

6. Fees: As stipulated by the Ministry of Finance and paid directly or transferred to the issuing authority.

Chapter III

PROCEDURES FOR ISSUING CERTIFICATES RELATED TO

TO PORT SECURITY

Article 7. Procedure for assessing and approving port security assessment

1. Implementation procedures

a) Port enterprises submit the application dossier to the Maritime Port Management Office under their jurisdiction;

b) The Maritime Port Management Office receives and examines the dossier; if the dossier is incomplete, it guides the port enterprise to supplement and complete it; if complete, it informs the port enterprise about the time of the security assessment at the port;

c) The Maritime Port Management Office conducts a security assessment at the port;

d) After completing the assessment, if the port security assessment meets the requirements of the ISPS Code, the Director of the Maritime Port Management Office issues a Certificate of Assessment and Approval.

2. Implementation method

a) Port enterprises submit the dossier through the postal system or directly to the Maritime Port Management Office;

b) Port enterprises receive the result: Through the postal system; or directly at the Maritime Port Management Office;

3. Components and Quantity of Documents:

a) A letter requesting approval of the port security assessment signed by the General Director of the port enterprise (according to the model specified in Appendix XV);

b) 01 copy of the port security assessment confirmed by the General Director of the port enterprise on the last page (for ports jointly operated with foreign entities or where the port operator is a foreign legal entity or individual, the port security assessment must be translated into English);

c) Number of applications: one set.

4. Time limit for issuing the Certificate of Assessment and Approval: no later than 03 working days from the date of completion of the assessment at the port.

5. Requirements and conditions for implementation: The port security assessment must comply with the provisions of the ISPS Code.

6. Fees: As stipulated by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 8. Procedure for Issuing the Port Security Compliance Certificate

1. Implementation procedures

a) The port enterprise submits the application dossier to the Vietnam Maritime Administration;

b) The Vietnam Maritime Administration receives and examines the dossier; if the dossier is incomplete, it guides the port enterprise to complete it; if it is complete, it informs the time for inspection at the port;

c) The Vietnam Maritime Administration conducts the inspection of the port security plan at the port;

d) After completing the inspection, if the port security plan meets the requirements of the ISPS Code, the Vietnam Maritime Administration issues the Port Security Compliance Certificate.

2. Implementation method

a) The port enterprise submits the Dossier through the postal service or directly to the Vietnam Maritime Administration;

b) The port enterprise receives the result: Through the postal service; or directly at the Vietnam Maritime Administration.

3. Components and Quantity of Documents:

a) A letter requesting approval of the port security plan signed by the General Director of the port enterprise (in accordance with the model specified in Appendix XVI);

b) One copy of the port security plan confirmed by the General Director of the port enterprise (for joint ventures with foreign countries or where the port operator is a foreign legal entity or individual, the port security plan must be translated into English);

c) One copy of the port security assessment confirmed by the General Director of the port enterprise on the last page, which has been reviewed and approved by the Marine Transport Inspectorate (for joint ventures with foreign countries or where the port operator is a foreign legal entity or individual, the port security assessment must be translated into English);

d) Number of dossiers: 01 set.

4. Time limit for issuing the Port Security Compliance Certificate: not later than three working days from the date of completion of the inspection at the port.

5. Requirements and conditions for implementation: The port security plan must comply with the provisions of the ISPS Code.

6. Fees: As stipulated by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9. Annual Confirmation Procedure for the Port Security Compliance Certificate

1. Implementation procedures

a) The port enterprise submits the application dossier to the Vietnam Maritime Administration;

b) The Vietnam Maritime Administration receives and examines the dossier; if the dossier is incomplete, it guides the port enterprise to complete it; if the dossier is complete, it issues a receipt according to the provision of Clause 4 of this Article;

c) The Vietnam Maritime Administration conducts the examination of the dossier; if the dossier meets the requirements of the ISPS Code, the Vietnam Maritime Administration issues the annual confirmation.

2. Implementation method

a) The port enterprise submits the Dossier through the postal service or directly to the Vietnam Maritime Administration;

b) The port enterprise receives the result: Through the postal service; or directly at the Vietnam Maritime Administration.

3. Components and Quantity of Documents:

a) A letter requesting annual inspection and confirmation of the Port Security Compliance Certificate from the port enterprise;

b) One copy of the internal port security assessment;

c) Minutes of the meeting reviewing and assessing the internal assessment of relevant state management agencies in the port area;

d) Minutes of the training session or drill or training program according to the port security plan;

đ) Original Port Security Compliance Certificate;

e) Number of documents: 01 set.

4. Time limit for issuing the confirmation: not later than five working days from the date of receiving all required documents.

5. Requirements and conditions for implementation: The port enterprise and the port must comply with the provisions of the ISPS Code.

6. Fees: As stipulated by the Ministry of Finance and paid directly or transferred to the issuing authority.

Chapter IV

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from May 28, 2011.

2. This Circular abolishes Decision No. 170/2004/QĐ-BGTVT dated January 16, 2004 of the Minister of the Ministry of Transport on the Implementation of the 2002 Amendments to the SOLAS Convention 1974 and the International Ship and Port Facility Security Code.

Article 11. Implementation Organization

1. The Vietnam Maritime Administration and the Vietnam Ship Survey Bureau are responsible for implementing this Circular.

2. The Head of the Ministry's Office, the Chief Inspector of the Ministry, the Heads of relevant Departments under the Ministry of Transport, the Directors of the Vietnam Maritime Administration and the Vietnam Ship Survey Bureau, the Heads of relevant agencies, units, and individuals are responsible for enforcing this Circular./.