Decision No. 2756/2002/QĐ-BGTVT on the issuance of the Rules for Reporting and Investigating Maritime Accidents

DECISION OF THE MINISTER OF TRANSPORT

Regarding the issuance

Rules for Reporting and Investigating Marine Accidents

 

THE MINISTER OF TRANSPORTATION

Based on the Vietnam Maritime Code dated July 12, 1990;

Based on Decree No. 22/CP dated March 22, 1994 of the Government stipulatingthe tasks, authorities, responsibilities for state management and organizationalstructure of the Ministry of Transport;

Considering the proposal of the Director of the Legal Transport Departmentand the Director of the Vietnam Maritime Administration,

 

DECISION:

Article 1. We hereby promulgate the "Rules for Reporting and Investigating MarineAccidents" attached to this Decision.

Article 2. The Director of the Vietnam Maritime Administration shall be responsiblefor disseminating and implementing the provisions of these rules.

Article 3This Decision takes effect from October 1, 2002 and replaces Decision No.39/QD-PC dated January 3, 1974 of the Minister of Transport promulgating theRules for Investigating and Reporting Marine Accidents, and abolishes theprovisions related to the reporting system for marine traffic accidents inDecision No. 1071/QD-PC dated June 26, 1981 of the Minister of Transportregarding the reporting system for traffic accidents.

Article 4The Heads of the Ministry's Office, the Director of the Legal TransportDepartment, the Director of the Vietnam Maritime Administration, and the Heads ofthe Ministries' Departments and Units, and the ship owners, relevant agencies,organizations, and individuals shall be responsible for implementing thisDecision.

Rules for Reporting and Investigating Marine Accidents

(Annexed to Decision No. 2756/2002/QĐ-BGTVT

dated August 29, 2002-09-08 of the Minister of Transport)

 

PART I

General Provisions

 

Article 1: Purpose of Regulation

These Rules specify the procedures for reporting and investigating maritimenotices with the aim of enhancing the effectiveness of state management overmaritime safety.

Article 2: Scope of Application

1. The provisions of these Rules apply to the following accidents:

a. All accidents involving Vietnamese ships;

b. Accidents involving foreign ships when operating within the waters ofVietnamese territorial seas;

c. Accidents involving other watercraft operating within the waters of seaportsand maritime zones.

2. The provisions of these Rules do not apply to accidents involving shipsdedicated exclusively to military purposes and security maintenance if suchaccidents do not pose a threat to maritime safety or the environment.

Article 3: Responsibility for Coordinating Marine Accident Investigations

Ship owners, Captains, Officers, and crew members of ships, and relevantagencies and units have the responsibility to cooperate and facilitateinvestigations of marine accidents.

Article 4: Definitions

1.Maritime incident refers to unusual events occurring during the operation of ships that maypose danger to people, vessels, structures, or the environment.

2.Marine accident involves one or more maritime incidents resulting in one of the followingconsequences:

a. Death, disappearance, or injury to health of persons;

b. Sinking, disappearance, or material damage to ships due to collision, grounding,fire, explosion, structural, machinery, or essential technical equipment damage;

c. Environmental pollution or damage to underwater or surface structures andequipment, or obstruction of shipping lanes.

3.Marine accident Particularly serious refers to accidents causing one of the following damages:

a. Causing death or disappearance of three or more persons;

b. Causing injury or harm to the health of ten or more persons with each personhaving a disability rate of 31% to 60%;

c. Causing injury or harm to the health of six or more persons with each personhaving a disability rate of 61% or higher;

d. Causing property damage with repair, towing, salvage, and cleanup costs for sunkenvessels; or costs to repair damage to underwater and surface structures; orcosts to clear obstructed shipping lanes; or environmental remediation costsvalued at one billion dong or more;

e. Obstructing the main port entry channel for more than 72 hours;

f. Causing simultaneous damage to human life, health, and property valued at two tofour cases as specified in Clause 4 of this Article;

4.Marine accident Serious refers to accidents causing one of the following damages:

a. Causing death or disappearance of one to three persons;

b. Causing injury or harm to the health of five to ten persons with each personhaving a disability rate of 31% to 60%;

c. Causing injury or harm to the health of three to five persons with each personhaving a disability rate of 61% or higher;

d. Causing property damage with repair, towing, salvage, and cleanup costs for sunkenvessels; or costs to repair damage to underwater and surface structures; orcosts to clear obstructed shipping lanes; or environmental remediation costsvalued at five hundred million to one billion dong;

e. Obstructing the main port entry channel for 24 to 72 hours;

5.Marine accident Less serious refers to cases not covered by the provisions of Clause 3 and Clause 4 ofthis Article.

6.Article 1: Maritime accident investigation is the process of determining the conditions, circumstances, causes, or potentialcauses of maritime accidents to implement effective preventive and mitigatingmeasures for similar accidents.

7.Staff Investigating Marine Accidents is a maritime port officer with the necessary expertise, professional skills, andlegal knowledge designated by the Director of the maritime port authority; exceptin special cases, the investigator is appointed by a competent state agency.

8.Initial information on maritime accidents includes information about the vessel or object involved in the accident, thevessel's activities before and during the voyage leading up to the accident,conditions and circumstances immediately prior to the accident...

Chapter II

Reporting and statistics on maritime accidents

Article 5: Reporting of maritime accidents.

Reports on maritime accidents include Urgent Report, Detailed Report and Periodic reports according to the forms issued together with these Regulations. The contents of reports on maritime accidents must be truthful, accurate, andsubmitted within the prescribed time limit; in special cases, the deadline forsubmission may be determined by the maritime port authority or the VietnamMaritime Administration.

Article 6: Urgent report.

1.In the case of an accident occurring within the territorial waters of Vietnam:

a.The master of the ship or the person in charge of the vessel must Urgent Report submit an urgent report to the nearest maritime port authority.

If for some reason, those individuals cannot submit the urgent report, the ownerof the vessel, the owner of the means of transport, or the agent of the vesselinvolved in the accident shall be responsible for submitting the report.

b.The maritime port authority upon receiving Urgent Report or becoming aware of the accident must immediately Urgent Report or provide information about the accident to the following agencies and units:

Vietnam Maritime Administration;

Vietnam Marine Safety Assurance, if the accident damages or renders ineffectiveany aids to navigation;

Agencies or organizations managing and operating facilities and equipment, ifthe accident causes damage or loss to such facilities and equipment;

Provincial Department of Science and Technology and Environment and ProvincialFisheries Department, if the accident causes or has the potential to causeenvironmental incidents or harm fishery resources.

2.In the case of an accident involving Vietnamese ships operating outside theterritorial waters of Vietnam, the master must report as required by the coastalstate and submit An urgent report to the Vietnam Maritime Administration within 24 hours from the time of theaccident.

If the accident falls under Particularly serious, the master or the owner of the ship must inform the Embassy (Consulate) orVietnamese diplomatic mission in that country and seek assistance in resolvingthe matter.

3.Urgent Report may be sent through one of the communication methods such as telegraph, fax,telex, or email.

In the case of an accident occurring within the waters of a Vietnamese seaport ormaritime area, the master of the vessel may submit an urgent report to theMaritime Port Authority's duty shift via VHF or the vessel's telephone, but muststill submit a written report subsequently.

4.For maritime accidents Particularly serious, after receiving An urgent report, the Vietnam Maritime Administration must immediately report to the Ministryof Transport.

5.Urgent Report according to Form No. 1 issued together with these Regulations.

Article 7: Detailed Report.

1.Following the urgent report, the master of the ship must prepare A detailed report according to Form No. 2 issued together with these Regulations;

2.Based on the location where the accident occurred, the master must prepare thereport as follows:

a.If the accident occurs within the waters of Vietnamese seaports or maritimeareas, Detailed Report it must be submitted to the maritime port authority responsible for nationaladministration in the specialized field of maritime affairs at the seaport ormariitime area within 24 hours from the time of the accident.

b.If the location of the accident is not within the waters of Vietnamese seaportsor maritime areas but within the territorial waters of Vietnam and the vesselanchors or docks at a Vietnamese seaport after the accident, A detailed report it must be submitted to the maritime port authority responsible for nationaladministration in the specialized field of maritime affairs at the seaport within24 hours from the time the vessel arrives at the anchorage or docking point.

c.In the case where the vessel does not anchor or dock at any Vietnamese seaportafter the accident, Detailed Report it must be submitted to the Vietnam Maritime Administration within 48 hoursfrom the time the vessel arrives at its first port of call after the accident.

d.In the case of an accident involving a Vietnamese ship operating outside theterritorial waters of Vietnam, Detailed Report it must be submitted to the Vietnam Maritime Administration within 48 hoursfrom the time the vessel arrives at its first port of call after the accident.

Article 8: Periodic Reports.

All maritime accidents occurring within the territorial waters of Vietnam and those involving Vietnamese vessels must be reported periodically as prescribed below:

1.Vietnamese shipowners shall maintain a logbook to regularly record all maritime accidents involving their fleets according to Form No. 3 issued together with these Regulations.

Quarterly, Vietnamese shipowners must submit written reports to the Vietnam Maritime Administration regarding maritime accidents involving their fleets. The quarterly report must be submitted no later than the 10th day of the first month of the following quarter.

2.Port authorities shall maintain a logbook to regularly record maritime accidents occurring within their jurisdictional areas and maritime accidents investigated by their agencies according to Form No. 3 issued together with these Regulations.

Quarterly, port authorities must submit written reports to the Vietnam Maritime Administration regarding the aforementioned maritime accidents. The time for submitting the quarterly report of the port authority shall be as stipulated in Clause 1 of Article 8 of this Regulation.

3.Quarterly and annually, the Vietnam Maritime Administration must submit written reports to the Ministry of Transport regarding maritime accidents occurring within the territorial waters of Vietnam and those involving Vietnamese vessels according to Form No. 4 issued together with these Regulations.

The quarterly report must be submitted no later than the 15th day of the first month of the following quarter, and the annual report must be submitted no later than January 20 of the following year.

4.Vietnamese shipowners and port authorities must promptly analyze and assess the causes of maritime accidents to take preventive measures to avoid similar accidents from occurring within their fleets or within their jurisdictional areas.

Chapter III

Article 1: Maritime accident investigation

Article 9: Requirements for Investigating Maritime Accidents.

Maritime accidents specified in Clause 2 of Article 4 of these Regulations must be investigated in accordance with regulations, promptly, comprehensively, and impartially.

Article 10: Responsibility for Investigating Maritime Accidents.

1.The Director of Port Authorities shall be responsible for organizing the investigation of maritime accidents occurring within their jurisdictional areas and other maritime accidents assigned by the Vietnam Maritime Administration or competent authorities.

2.Based on the complexity of the maritime accident, the Director of Port Authorities shall determine the number of staff involved in the investigation, but there must be at least two persons with sufficient expertise in the relevant field.

3.In cases deemed necessary, the Minister of Transport or the Director of the Vietnam Maritime Administration may decide to establish a Maritime Accident Investigation Team.

Article 11: Time Limit for Investigating Maritime Accidents.

1.For maritime accidents mentioned in Clause 2.a of Article 7, the investigation period shall not exceed 30 days from the date of the accident.

2.For maritime accidents mentioned in Clauses 2.b and 2.c of Article 7, the investigation period shall not exceed 30 days from the date the vessel arrives at its first port of call in Vietnam after the accident.

3.For maritime accidents mentioned in Clause 2.d of Article 7, the investigation period and scope shall be determined by the Director of the Vietnam Maritime Administration.

4.In complex cases where the investigation cannot be completed within the aforementioned time limit, the Director of Port Authorities must promptly submit a written report to the Director of the Vietnam Maritime Administration for review and decision.

Article 12: Duties and Authorities of Marine Accident Investigators

1.Establish a Plan for Investigating Marine Accidents;

2.Be entitled to request:

Parties related to the accident to take measures to preserve the scene;

Persons involved in the accident to provide written reports on issues they know regarding the conditions, circumstances, and progression of the accident, and those related parties. In cases where necessary, investigators must inform these individuals in advance about the time and location of the questioning;

The ship's captain to provide copies of the Ship's Logbook, Engine Logbook, Bell Log, Radio Log, course record, charts of the area where the ship was involved in the accident, and other necessary data about the ship and its equipment;

Relevant agencies and organizations such as: the ship classification and technical supervision agency, the ship owner, the ship agent, the coastal radio station, the maritime search and rescue coordination center, the vessel traffic service management center, the maritime safety assurance agency, the marine pilotage agency, and other relevant agencies and organizations to provide necessary information for investigating the marine accident;

3.Go to the site of the accident, board the ship to inspect the scene, examine work positions, and collect necessary samples for the investigation. When conducting these tasks, it is essential to have the presence and confirmation of authorized personnel on the ship and avoid affecting the safe operation of the ship;

4.Check and copy administrative registration files, inspection records, insurance documents, technical documents of the ship and related equipment; certificates and professional qualifications of crew members to serve the assessment of the technical condition of related equipment and the seaworthiness of the ship before the voyage and at the time of the accident;

5.Use audio recording, photography, and videography equipment during the investigation if deemed necessary;

6.Report in writing about the process of investigating the marine accident to the Director of the Port Maritime Administration or the head of the agency assigned the task of investigating the marine accident;

Article 13: Investigation of Marine Accidents

1.Immediately upon receiving Urgent Report the provisions stipulated in Article 6 of this Regulation or any information from any source about an accident occurring within their responsibility area, the Director of the Port Maritime Administration must initiate verification of the received information to commence the investigation of the marine accident;

2.The investigation of marine accidents shall be carried out in the following sequence:

a.Appoint the lead investigator and supporting members for the investigation;

b.Collect initial information about the accident;

c.Approve the investigation plan proposed by the lead investigator;

d.Go to the site of the accident, board the ship to inspect on-site damages and traces left after the accident to determine and collect necessary evidence (documentary and physical evidence);

e.Conduct interviews with persons involved in the accident and witnesses;

f.Compile collected information. If necessary, additional inspections and interviews may be conducted to clarify any remaining doubts;

g.Based on current laws and regulations concerning maritime safety, analyze collected information, including conclusions from sample and trace examinations related to the accident;

3.For marine accidents investigated by other agencies according to their functions, the Director of the Port Maritime Administration still must conduct investigations according to this Regulation;

4.In necessary cases, the Director of the Port Maritime Administration may contract with experts knowledgeable in maritime specialties and operations, or appraisal agencies, laboratories, etc., to advise on specialized fields, appraise, and analyze samples related to the accident.

Article 14: Conclusion of the Marine Accident Investigation.

1.Content of the Document Conclusion of the Marine Accident Investigation including:

a.Conclusion on the conditions and circumstances leading to the accident; violationsand factors or potential causes of the accident. These conclusions must be basedon the law and credible evidence;

b.Preventive measures or recommendations for preventive measures to limit similaraccidents;

c.Administrative handling measures within the authority of the Director of theMaritime Branch or recommendations for handling measures to be considered anddecided upon by the competent authority for actions exceeding their handlingauthority.

2.The Conclusion of the Marine Accident Investigation document must be sent to eachparty involved, and one copy must be sent to the Vietnam Maritime Administrationno later than the end date of the marine accident investigation. In cases ofparticularly serious accidents, the Conclusion of the Marine AccidentInvestigation document must be sent to the Ministry of Transport.

Copiesof the Conclusion of the Marine Accident Investigation document may be providedto other individuals or legal entities directly related to the accident if theyrequest the Maritime Branch to provide them.

Article 15: Complaints and Resolution of Complaints.

If the Ship Owner or Manager of the affected facilities or equipment does not agree with the conclusions regarding the violations and causes of the marine accident stated in the Conclusion of the Marine Accident Investigation document (hereinafter referred to as the complainant), then within thirty days from the date of receipt of the document (as evidenced by the postmark), a complaint must be submitted to the Director of the Maritime Branch.

Within ten days from the date of receipt of the complaint, the Director of the Maritime Branch must accept it and notify the complainant in writing; if it is not accepted, the reasons must be clearly stated. The time limit for resolving complaints by the Director of the Maritime Branch shall not exceed thirty days from the date of receipt of the complaint; for complex cases, the resolution period may be extended, but not more than forty-five days from the date of receipt of the complaint.

The Director of the Vietnam Maritime Administration is responsible for directing, inspecting, and urging the resolution of complaints by the Director of the Maritime Branch.

2.Within thirty days from the date of receipt of the decision on the resolution of the complaint by the Director of the Maritime Branch, if the complainant disagrees, they have the right to appeal to the Director of the Vietnam Maritime Administration. In this case, the complainant must submit a complaint along with a copy of the decision on the resolution of the complaint by the Director of the Maritime Branch and relevant documents related to the complaint.

Within ten days from the date of receipt of the complaint, the Director of the Vietnam Maritime Administration must accept it and notify the complainant and the Director of the Maritime Branch who resolved the complaint in writing; if it is not accepted, the reasons must be clearly stated. The time limit for resolving complaints by the Director of the Vietnam Maritime Administration shall not exceed forty-five days from the date of receipt of the complaint; for complex cases, the resolution period may be extended, but not more than sixty days from the date of receipt of the complaint.

3.Within thirty days from the date of receipt of the decision on the resolution of the complaint by the Director of the Vietnam Maritime Administration, if the complainant disagrees, they have the right to appeal to the Minister of Transport. In this case, the complainant must submit a complaint along with a copy of the decision on the resolution of the complaint by the Director of the Vietnam Maritime Administration.

The procedures, acceptance deadlines, and resolution deadlines for complaints by the Minister of Transport are as stipulated in Clause 2 of this Article./.