Decision No. 2764/2000/QĐ-BGTVT Issuing Regulations on Management and Supervision of High-Speed Passenger Vessels Operations on Inland Waterways

Pursuant to …;

Issuing Regulations on Management and Supervision of High-Speed Passenger Vessels on Inland Waterways High-Speed Passenger Vessels on Inland Waterways

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Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 40/CP dated July 5, 1996 of the Government on Ensuring Order and Safety in Inland Waterway Traffic;

Pursuant to Article 21 of Decree No. 171/1999/NĐ-CP dated December 7, 1999 of the Government detailing the implementation of the Ordinance on Protection of Transport Works for River Transport Works;

Pursuant to the proposal of the Heads of the Legal Affairs and Transport Department, the Vietnam Inland Waterways Administration.

Pursuant to …;

Article 1. Now promulgates "Regulations on Management and Supervision of High-Speed Passenger Vessels on Inland Waterways".

Article 2:These Regulations shall take effect fifteen days from the date of signature. All previous regulations contrary to these Regulations are hereby abolished.

Article 3:The Heads of the Ministry's Office, Heads of the Legal Affairs and Transport Department, Heads of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport, Provincial Departments of Transport and Construction, and Heads of relevant agencies and units are responsible for implementing these Regulations.

REGULATIONS

Management and Supervision of High-Speed Passenger Vessels on Inland Waterways

(Issued together with Decision No. 2764/2000/QĐ-BGTVT dated September 21, 2000)

of the Ministry of Transport)

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Chapter 1

GENERAL PROVISIONS

Article 1

1. These Regulations apply to high-speed passenger vessels operated by organizations and individuals, both domestic and foreign, operating on inland waterway routes as well as international river transport routes between Vietnam and neighboring countries, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. A high-speed passenger vessel is defined as a vessel designed to travel at a speed of 30 km/h or more, imported from abroad or manufactured domestically.

3. These Regulations do not apply to specialized high-speed vessels used for security and defense purposes.

Article 2. These Regulations shall take effect fifteen days from the date of signature. All previous regulations contrary to these Regulations are hereby abolished.

Chapter 2

MANAGEMENT AND SUPERVISION

Article 2

1. Prior to officially commencing commercial operations on inland waterways or international river transport routes, high-speed passenger vessels must undergo a trial operation period under the guidance, monitoring, and supervision of competent state authorities. The trial operation period is specified as follows:

a) For new types of high-speed passenger vessels where the captain is unfamiliar with the technical features and has not yet become accustomed to operating them, or for high-speed passenger vessels being introduced to a new route, the minimum trial operation period is six months.

b) For routes already serviced by high-speed passenger vessels, if another entity or individual introduces a similar type of high-speed passenger vessel to operate on the same route, the minimum trial operation period is three months.

2. After the trial operation period, the owner of the high-speed passenger vessel must submit a report on the results to the competent state authority. Based on the results of the trial operation, the competent state authority will consider and issue a decision:

a) Permitting official operation, if the trial operation meets the requirements;

b) Requiring continued trial operation, if the trial operation does not meet the requirements and the additional trial operation period does not exceed the time specified in point 1 above.

Article 3

1. High-speed passenger vessels must be inspected and certified by the Vietnam Marine Inspection Agency with a Certificate of Technical Safety for Inland Waterway Vessels to ensure safe operation in accordance with the waters they navigate.

2. High-speed passenger vessels must hold a Certificate of Registration for Inland Waterway Vessels issued by the Provincial Department of Transport (Provincial Department of Transport and Public Works) in the locality where the vessel owner resides, along with other valid documents required for operation on inland waterways according to current regulations.

Article 4. High-speed passenger vessel routes must enhance safety measures; in addition to existing signals, waterway traffic management agencies within their jurisdiction shall supplement other necessary signals such as wave limitation, speed restriction, schedule boards, etc., at necessary locations along the route to ensure safety for all types of vessels operating thereon.

Article 5. Ports and wharfs for high-speed passenger vessels to embark and disembark passengers must meet technical conditions as stipulated by the Vietnam Inland Waterways Administration.

Article 6. Crew members on high-speed passenger vessels must hold appropriate professional certificates, with the captain required to have a certificate for operating high-speed passenger vessels as prescribed by the Vietnam Inland Waterways Administration.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. The owner of a high-speed passenger vessel must establish and strictly adhere to the approved timetable for vessel operations, which has been registered and approved by the competent state authority before commencing operations. When approving the timetable, the competent state authority must specify the time of arrival at ports and wharfs for embarking and disembarking passengers and ensure the safety of other waterway vessels operating at the port.

2. In case of changes to the timetable or cessation of operations, the vessel owner must report to the competent state authority that approved the timetable, the Department of Transport, and the Department of Transport and Public Works concerned, and announce this information seven days in advance through mass media.

Article 8. Seven days prior to the commencement of operations on the route (including trial and regular operations), the vessel owner must announce through mass media the schedule and times of departure and arrival at ports and wharfs for embarking and disembarking passengers, as well as the times of passage through complex channel areas.

Article 9. In the event of a safety incident affecting general traffic, the vessel owner and the vessel's operator must immediately notify the local authorities where the accident occurred, the maritime police, the inland waterway administration agency, and the nearest port or wharf to coordinate in resolving the situation.

Article 10. If the owner of a high-speed passenger vessel fails to strictly comply with current regulations on ensuring order and safety in inland waterway traffic, provisions of this regulation, or causes a serious traffic accident, the competent state authority may issue a decision to suspend the vessel's operations. After identifying the cause and implementing corrective measures, the resumption of operations will be considered.

Article 11. The entity initially deploying high-speed passenger vessels on a route is given priority regarding the number of vessels participating or the number of runs per day if another vessel owner deploys similar (or equivalent) vessels on the same route, as permitted by the Department of Transport and the Department of Transport and Public Works of the provinces and cities.

Chapter 3

IMPLEMENTING PROVISIONS

Article 12. Management and supervision of high-speed passenger vessel operations on inland waterways are assigned to competent agencies as follows:

1. The Vietnam Inland Waterways Administration, authorized by the Ministry of Transport, manages, supervises, and issues decisions for high-speed passenger vessels to operate on international inter-provincial inland waterway routes, central-managed inland waterway routes, and inter-provincial inland waterway routes; guides implementation, monitors, and compiles reports on the operation of high-speed passenger vessels nationwide.

2. The Department of Transport and the Department of Transport and Public Works manage, supervise, and issue decisions for high-speed passenger vessels to operate on locally-managed inland waterway routes and those delegated by the Vietnam Inland Waterways Administration; monitor and compile periodic six-month reports on the operation of high-speed passenger vessels within their jurisdiction to the Vietnam Inland Waterways Administration.

Article 13. Organizations and individuals must strictly comply with the provisions set forth herein. In case of violation, depending on the severity, they shall be subject to administrative penalties; if the violation causes serious consequences, they shall be prosecuted under the law.