Circular No. 27/2021/TT-BGTVT amending and supplementing certain articles of Circular No. 35/2019/TT-BGTVT dated September 9, 2019, issued by the Minister of Transport on dredging activities in port water areas and Circular No. 42/2019/TT-BGTVT dated October 30, 2019, issued by the Minister of Transport on criteria, inspection, supervision, evaluation, and acceptance of quality of public service activities ensuring maritime safety.

CIRCULAR

Amending and supplementing some articles of Circular No. 35/2019/TT-BGTVT dated September 9, 2019 of the Minister of Transport on dredging activities in port water areas and Circular No. 42/2019/TT-BGTVT dated October 30, 2019 of the Minister of Transport on criteria, inspection, supervision, evaluation, and acceptance of quality of public service products ensuring maritime safety

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

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

1. Amending Clause 2 Article 2 as follows:

Pursuant to Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government on management of dredging activities in port water areas and inland waterways;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for provision of public service products using state budget funds from regular expenditure;

At the request of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Maritime Administration;

The Minister of Transport hereby promulgates this Circular amending and supplementing some articles of Circular No. 35/2019/TT-BGTVT dated September 9, 2019 of the Minister of Transport on dredging activities in port water areas and Circular No. 42/2019/TT-BGTVT dated October 30, 2019 of the Minister of Transport on criteria, inspection, supervision, evaluation, and acceptance of quality of public service products ensuring maritime safety.

Amending and supplementing Point a Clause 5 Article 28 as follows:
"a) The funding for dredging activities includes: dredging costs; compensation costs for the State for performing the works specified in Points a, b, c Clause 1 Article 25 of Decree No. 159/2018/NĐ-CP; compensation and land clearance costs; taxes, fees, and mineral exploitation rights fees of the project, other costs;"

Article 2. Amending and supplementing some articles of Circular No. 42/2019/TT-BGTVT dated October 30, 2019 of the Minister of Transport on criteria, inspection, supervision, evaluation, and acceptance of quality of public service products ensuring maritime safety

1. Amend and supplement Point b Clause 2 Article 4 as follows:

"b) Quality criteria for the management operation and maintenance services of public marine navigation signal systems include: functions of signals; operational readiness of signaling equipment; personnel at stations; mechanical maintenance work; station management work; availability index of marine signals on channels."

2. Supplementing Clause 3 Article 6 as follows:

"3. Vessels serving supply operations at lighthouses and channel management stations; serving comprehensive inspections and channel maintenance inspections must be equipped with automatic identification system (AIS) devices. Management, exploitation, and use of AIS information shall be carried out in accordance with Circular No. 17/2018/TT-BGTVT dated April 9, 2018 of the Minister of Transport on managing and exploiting automatic identification information of vessels."

3. Amending and supplementing some contents of Appendix 1: Quality criteria for management operation and maintenance services of lighthouse and independent buoy systems as follows:

a) Amending and supplementing Section 1.1.2: Range of effectiveness of signals (daytime, nighttime), column "Method of determination" as follows:

"Using moving means from a distance towards the light (or from the light away), visually combining with nautical charts, compasses, satellite positioning devices, or using measuring equipment to determine the range of effectiveness of signals."

b) Amending and supplementing Section 3: Personnel at lighthouse stations, column "Requirements met" as follows:

"Ensuring personnel at stations according to the labor usage plan of the unit."

c) Amending and supplementing Section 6: Availability index of lighthouses and independent buoys, column "Method of determination" as follows:

"- The availability index of signals is calculated according to the following formula:

Where:

+ A is the availability index expressed in percentage;

+ T is the time for evaluating the operation of lighthouses and independent buoys (corresponding to the assessment cycle of six months and one year, measured in days);

+ t is the total time (converted to days) during which the lighthouses and independent buoys were not operating or operating incorrectly in one of the functions officially announced by the competent authority (exceeding permissible limits)."

4. Amending and supplementing some contents of Appendix 2: Quality criteria for management operation and maintenance services of public marine navigation signal systems as follows:

a) Amending and supplementing Section 1.2.2: Range of effectiveness of signals (daytime, nighttime), column "Method of determination" as follows:

"Using moving means from a distance towards the signal light (or from the signal light away), visually combining with nautical charts, compasses, satellite positioning devices, or using measuring equipment to determine the range of effectiveness of signals."

b) Amending and supplementing Section 1.2.2: Range of effectiveness of signals (daytime, nighttime), column "Requirements met" as follows:

In compliance with the characteristics of light published in navigational notices and actual terrain conditions in the area (including synchronous flashing characteristics if applicable).

- Within the daytime effective range of signals, it must ensure visibility and easy recognition: body of the signal; distinct different colors, each color must be uniform. Within the effective range of signals, the light range of signals determined under normal testing conditions must not be lower than 75% of the published light range value."

c) Amending and supplementing Section 2.3: Energy supply source, column "Name of criterion" as follows:

"Energy supply source at signal management stations."

d) Amending and supplementing Section 2.3: Energy supply source, column "Requirements met" as follows:

"The electrical energy supply system ensures operational readiness."

đ) Amending and supplementing Section 3: Human resources at channel stations, column "Requirements met" as follows:

"Ensuring personnel at stations according to the labor usage plan of the unit."

e) Amending and supplementing Section 6: Availability index of marine signals on channels, column "Method of determination" as follows:

"- The availability index of signals is calculated according to the following formula:

 Where:

+ A is the availability index expressed in percentage;

+ T is the time for evaluating the operation of marine signals (corresponding to the assessment cycle of six months and one year, measured in days);

Plus t is the total time (converted into days) during which the marine navigation signal does not operate or operates incorrectly for one of its functions as published by the competent authority (exceeding permissible deviation), excluding downtime due to force majeure causes (natural disasters, epidemics, etc.);

- The overall availability index of the marine navigation signal system on the route is the percentage ratio between the number of signals meeting the availability index requirement and the total number of signals on the route. This index is used to evaluate the quality of service operation of the route during the evaluation period."

Article 3. Implementation Provisions

1. This Circular takes effect from February 1, 2022.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments under the Ministry of Transport, the Director of the Vietnam Maritime Administration, and related organizations, entities, and individuals are responsible for implementing this Circular./.