Circular No. 28/2014/TT-BGTVT provides detailed regulations on the procedures and formalities for dredging and maintenance of maritime channels managed by the Ministry of Transport using state budget funds.

CIRCULAR

Regulations on the procedures and formalities for dredging and maintaining maritime channels under the management of the Ministry of Transport using state budget funds

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on project management for construction works; Decree No. 83/2009/NĐ-CP dated October 15, 2009 amending and supplementing certain articles of Decree No. 12/2009/NĐ-CP;

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Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

Pursuant to Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on construction project quality management;

Based on Decree No. 130/2013/NĐ-CP dated October 16, 2013 of the Government on production and supply of public goods and services;

Pursuant to Decree No. 114/2010/NĐ-CP dated December 6, 2010 of the Government on maintenance of construction works;

Pursuant to Decision No. 73/2013/QĐ-TTg dated November 27, 2013 of the Prime Minister on piloting the mechanism for dredging and maintaining maritime channels under the management of the Ministry of Transport;

The Minister of Transport hereby promulgates this Circular stipulating the procedures and formalities for dredging and maintaining the maritime channels of Hai Phong and Saigon-Vung Tau managed by the Ministry of Transport, using state budget funds, piloted under the open bidding mechanism with lump-sum contracts ensuring the design standards of the channel routes from 2015 to 2016 based on the dredging and maintenance plans for maritime channels and lump-sum contracts without adjusting the implementation costs.

This Circular applies to state administrative agencies, organizations, and individuals related to the activities of dredging and maintaining the maritime channels of Hai Phong and Saigon-Vung Tau managed by the Ministry of Transport, using state budget funds, piloted under the open bidding mechanism with lump-sum contracts ensuring the design standards of the channel routes from 2015 to 2016 based on the dredging and maintenance plans for maritime channels and lump-sum contracts without adjusting the implementation costs.

The Minister of Transport issues this Circular stipulating the procedures and formalities for dredging and maintaining maritime channels under the management of the Ministry of Transport using state budget funds.

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Maritime Administration,

Article 1. This Circular stipulates the procedures and formalities for dredging and maintaining maritime channels under the management of the Ministry of Transport using state budget funds. The procedures and formalities for dredging and maintaining the Haiphong and Saigon-Vung Tau maritime channels under the pilot broad tendering mechanism with lump-sum contracts shall be carried out according to specific regulations of the Ministry of Transport.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 2. This Circular applies to state administrative agencies, organizations, and individuals related to the activities of dredging and maintaining maritime channels under the management of the Ministry of Transport using state budget funds.

Article 3. Allocation of Organizations to Implement

PROCEDURES AND FORMALITIES FOR DREDGING AND MAINTAINING MARITIME CHANNELS

1. Preparation of construction plan and budget estimate.

2. Preparation of contractor selection plan.

3. Organization of contractor selection.

Chapter II

Article 4. Preparation of Plans for Dredging and Maintaining Maritime Channels and Signing Contracts for Provision of Public Services Ensuring Marine Safety

Clause 1. Annual plans for dredging and maintaining maritime channels funded from economic public service funds shall be prepared in accordance with Circular No. 14/2013/TT-BGTVT dated July 5, 2013 of the Minister of Transport on maintenance of marine works and relevant laws.

Clause 2. The Vietnam Maritime Administration shall sign contracts for provision of products and services for public dredging and maintaining maritime channels with the General Corporations for Ensuring Marine Safety in accordance with the provisions.

Article 5. Procedures and Formalities for Dredging and Maintaining the Dien An - Can Tho Maritime Channel

Clause 1. Step 1. Drafting Survey Program and Budget Estimate

The Southern Corporation for Ensuring Marine Safety shall draft the survey program and budget estimate for costs, determine the direction of the maritime channel route, submit to the Vietnam Maritime Administration for approval; adjust the channel route according to the approved direction.

Clause 2. Step 2. Drafting Construction Drawings (CD), Survey Program, and Budget Estimate

The Southern Corporation for Ensuring Marine Safety:

Point a) Selects consulting units to draft CD and budget estimate, submit to the Vietnam Maritime Administration for approval;

Point b) Drafts the survey program for land handover (scope, ratio, measurement method, equipment, survey time, and related contents), submit to the Vietnam Maritime Administration for approval.

Point c) Drafts the budget estimate for environmental protection work in accordance with regulations, submit to the Vietnam Maritime Administration for approval.

Clause 3. Step 3. Preparing Tender Plan

The Southern Corporation for Ensuring Marine Safety prepares the tender plan (including the selection of contractors for dredging and maintaining through the simplified direct award method, and the selection and signing of contracts with consulting units and other contractors in accordance with the law on tendering), submit to the Vietnam Maritime Administration for approval.

Clause 4. Organizing the Selection of Contractors

Point a) The Vietnam Maritime Administration selects and signs contracts with survey consulting units for land handover in accordance with the law on tendering; selects and signs contracts with supervision consulting units in accordance with the law on tendering or assigns the supervision to the Project Management Boards (PMB) under its jurisdiction.

Point b) The Southern Corporation for Ensuring Marine Safety selects and signs contracts with construction contractors through the simplified direct award method; selects and signs contracts with consulting units for environmental protection work in accordance with the law on tendering.

Clause 5. Handing Over the Construction Site

Point a) The Vietnam Maritime Administration organizes the survey and measurement for land handover; checks the procedures, formalities, and implementation process of the units according to the approved program.

Point b) The Southern Corporation for Ensuring Marine Safety, supervision consultants, and design consultants cooperate with the Vietnam Maritime Administration to inspect and supervise the survey and measurement process of the contractor's survey consultant and accept the results of the land handover survey for the construction contractor.

Point c) In case the volume of dredging resulting from the survey and measurement for land handover exceeds the approved design documents, within ten working days, the Southern Corporation for Ensuring Marine Safety cooperates with the design consultant to prepare an adjustment budget report for approval by the Vietnam Maritime Administration; if the dredging cost exceeds the allocated budget, within five working days, the Vietnam Maritime Administration reports to the Ministry of Transport for consideration and decision.

Clause 6. Commencing Construction Work

Point a) The Southern Corporation for Ensuring Marine Safety is responsible for managing, inspecting, and supervising the entire construction process of the contractor; closely monitors the activities of the supervision consultant and environmental consultant during construction.

Clause 7. Acceptance of Works and Public Service Products and Services

b) The Vietnam Maritime Administration shall organize regular and spot inspections (if necessary) to ensure the quality and progress of the project.

Point a) The Vietnam Maritime Administration selects survey and measurement units to inspect the completed works at the site; organizes the acceptance of completed works for use; accepts public service products and services in accordance with regulations.

Point b) The Southern Corporation for Ensuring Marine Safety cooperates with the supervision consultant to inspect and supervise the survey and measurement process for inspecting the completed works at the site and organize the acceptance of the survey and measurement results; accepts environmental protection work.

Clause 8. Final Settlement of Works and Contracts for Supply of Public Service Products and Services

8. Step 8. Settlement of accounts for construction works and contracts for supplying public goods and services

a) The Vietnam Maritime Administration shall settle accounts for the project in accordance with regulations; settle accounts with the Southern Maritime Safety Assurance Corporation under the supply contract for public goods and services and with contractors under contracts signed by the Vietnam Maritime Administration.

b) The Southern Maritime Safety Assurance Corporation shall settle accounts with contractors under contracts signed by the Corporation.

Article 5. Procedures for dredging and maintaining maritime channels not specified in Article 4 of this Circular

1. Step 1. Prepare construction drawings (CD), survey outline, and budget estimate

The Southern Maritime Safety Assurance Corporations shall be responsible for:

a) Selecting and signing contracts with design consulting units and review consulting units; based on the latest marine chart, organizing and reviewing the design and budget estimate, submitting to the Vietnam Maritime Administration for approval.

Point c) Drafts the budget estimate for environmental protection work in accordance with regulations, submit to the Vietnam Maritime Administration for approval.

c) Preparing the environmental protection cost budget in accordance with regulations, submitting to the Vietnam Maritime Administration for approval.

2. Step 2. Develop tender selection plan

The Southern Maritime Safety Assurance Corporations shall develop the bidding plan and submit it to the Vietnam Maritime Administration for approval.

3. Step 3. Organize tender selection

a) The Vietnam Maritime Administration: selects and signs contracts with survey consulting units for handover of construction site according to the law on tendering; selects and signs contracts with supervision consulting units according to the law on tendering or assigns supervision tasks to subordinate Project Management Boards in accordance with regulations.

b) The Southern Maritime Safety Assurance Corporations shall implement the selection and signing of contracts with environmental protection consulting units and construction contractors in accordance with the law on tendering.

4. Step 4. Hand over construction site

Point b) The Southern Corporation for Ensuring Marine Safety, supervision consultants, and design consultants cooperate with the Vietnam Maritime Administration to inspect and supervise the survey and measurement process of the contractor's survey consultant and accept the results of the land handover survey for the construction contractor.

b) The Southern Maritime Safety Assurance Corporation, supervision consultants, and design consultants shall cooperate with the Vietnam Maritime Administration to inspect and supervise the process of surveying and measuring the construction site by the survey consulting contractor and accept the results of the survey for handover to the construction contractor.

c) In case the volume of dredging resulting from the survey and measurement of the construction site exceeds the approved design documents, within 10 working days, the Southern Maritime Safety Assurance Corporation shall cooperate with the design consultant to prepare an adjusted budget estimate report for submission to the Vietnam Maritime Administration for approval; if the dredging cost exceeds the allocated budget, within 5 working days, the Vietnam Maritime Administration shall report to the Ministry of Transport for consideration and decision.

5. Step 5. Implement construction works

a) The Southern Maritime Safety Assurance Corporation shall be responsible for managing, inspecting, and supervising the entire construction process by the contractor; closely monitor the activities of supervision consultants and environmental consultants during construction.

b) The Vietnam Maritime Administration shall organize regular and spot inspections (if necessary) to ensure the quality and progress of the project.

6. Step 6. Acceptance of works and acceptance of public goods and services

Point b) The Southern Corporation for Ensuring Marine Safety cooperates with the supervision consultant to inspect and supervise the survey and measurement process for inspecting the completed works at the site and organize the acceptance of the survey and measurement results; accepts environmental protection work.

b) The Southern Maritime Safety Assurance Corporations: cooperate with supervision consultants to inspect and supervise the process of surveying and measuring the acceptance of works at the site and organize the acceptance of survey and measurement results; accept environmental protection work.

7. Step 7. Settle accounts for projects and supply contracts for public goods and services

a) The Vietnam Maritime Administration shall settle accounts for the project in accordance with regulations; settle accounts with the Southern Maritime Safety Assurance Corporations under supply contracts for public goods and services and with contractors under contracts signed by the Vietnam Maritime Administration.

b) The Southern Maritime Safety Assurance Corporations shall settle accounts with contractors under contracts signed by the Corporations.

Chapter III

SUPERVISION ORGANIZATION IN THE PROCESS OF DREDGING AND MAINTAINING MARITIME CHANNELS

Article 6. Contents of supervision work in dredging and maintenance of maritime channels

1. Supervision of dredging and maintenance of maritime channels

a) Examine and inspect the detailed construction procedures and measures prepared by the contractor before submission for approval.

b) Inspect the system of markers serving throughout the construction process.

c) Inspect and supervise machinery and equipment transported to the construction site according to the list, specifications, types, technical features, inspection deadlines, crew certificates, insurance of vessels, and other necessary requirements to ensure safety during the construction process.

d) Inspect the installation and quality of the dredging monitoring system. Equipment must have clear origin, be sealed with lead seals when installed, and ensure display of data such as vessel name (number), size, position, movement speed, stopping time to facilitate tracking, inspection, and supervision.

đ) Monitor the progress of dredging.

e) Inspect the commencement conditions of the project; personnel of the contractor entering and leaving the construction site.

g) Supervise safety and environmental protection work.

h) Supervise dredging construction to meet technical requirements (correct depth, slope design, taking allowable errors into account as prescribed).

i) Supervise surveying and inspection work after completion of dredging, ensuring that the positioning and elevation markers used for surveying before and after dredging remain unchanged.

k) Inspecting and confirming quantities.

2. Supervision of transportation and disposal of dredged sludge and soil

a) Supervise the transport vehicles disposing of dredged sludge and soil at the dredging location, travel route, and approved disposal location throughout the construction period.

b) Collect and compile on-site information and data (position, movement speed, stopping time) from the dredging monitoring system installed on construction vessels. Take photos of the cargo hold containing sludge and soil at the following times: beginning of receiving dredged sludge and soil at the construction area; end of receiving dredged sludge and soil for transport to disposal; end of travel to the disposal location; and end of disposal process for return to the construction area.

3. Supervision of completion work

a) Check coordinates, elevation, and slope of the dredged area according to the design drawings.

b) Supervise surveying and measurement work and confirmation of completed work volume by the contractor; supervise measurement and confirmation of work volume at the disposal location for cases where soil is disposed on land using suction methods with pipelines.

c) Supervise acceptance of the entire project component. Measurement and acceptance will be conducted after the contractor reports completion of dredging work. If the acceptance measurement results show that the contractor's work does not meet requirements, the contractor must implement supplementary work until it meets the requirements upon inspection.

d) Supervising other completion works.

Article 7. Organization of supervision work in dredging and maintenance of maritime channels

1. The consulting supervisor is responsible for

a) Implementing supervision according to the contents stipulated in Article 6 of this Circular and relevant laws.

b) Prepare organizational charts and supervision outlines, submit them for review and approval by the General Corporation for Maritime Safety before commencing construction supervision.

c) Must have a dedicated department to ensure systematic operation of supervision throughout the entire construction process from commencement to acceptance and handover; arrange personnel for supervision work including the Chief Supervisor and Supervisors.

d) Equip sufficient tools and equipment for supervision work; arrange competent technical staff with experience to closely monitor and regularly inspect the entire implementation process of the contractor’s surveying and dredging construction work to ensure project quality, progress, labor safety, and environmental protection conditions. Record all supervision results regarding the construction and transportation of dredged sludge and soil, or use the construction diary format specified in Appendix I of this Circular.

đ) Regularly check and supervise the manpower and construction equipment of the contractor entering and leaving the construction site (including subcontractors and rented equipment); confirm the quantity and quality of machinery and equipment according to the contract or tender documents (equipment list, technical features, inspection deadlines, crew certificates, insurance).

e) Daily, inspect the installation and operation status of the dredging monitoring system on the contractor's construction equipment; require immediate rectification when discovering faults or discrepancies not meeting quality standards.

g) Regularly check and supervise the internal quality management system of the contractor; check coordinates, elevation, and slope of the dredged area according to design requirements; monitor and urge dredging progress.

Be present on the construction vessels throughout the construction process to closely supervise the dredging and transportation of dredged sludge and soil to the designated disposal location; take photos of the cargo hold containing sludge and soil at the following times: beginning of receiving dredged sludge and soil at the construction area, end of receiving dredged sludge and soil for transport to disposal, end of travel to the disposal location, and end of disposal process for return to the construction area (photos must show GPS coordinates and actual time at the time of photo capture); promptly transfer these images to the General Corporation for Maritime Safety for monitoring and storage together with the project completion documents as prescribed.

i) Weekly, submit reports (according to the format specified in Appendix II of this Circular) along with copies of the construction diary (for the reporting week) to the Vietnam Maritime Administration and the General Corporation for Maritime Safety; promptly report implementation results, issues, difficulties, and proposed solutions during the implementation process to the management authority; bear legal responsibility and accountability to the management authority for the implementation results.

2. Duties and powers of the Chief Supervisor

a) Be responsible for overall construction site supervision work; assign specific tasks to supervisors.

b) Represent the supervisory consulting unit to attend coordination meetings with the Vietnam Maritime Administration, maritime safety assurance corporations, and contractors.

c) Examine and guide contractors to complete detailed construction methods for approval according to regulations.

d) Propose plans and regularly inspect supervision work. Require construction equipment that does not meet requirements to stop operations immediately and report promptly to the Port Maritime Office, the Corporation for Maritime Safety Assurance for handling according to regulations.

đ) Summarize the construction status of project components; report promptly on construction progress, recommend measures to address difficulties and issues arising during construction; report acceptance documents during construction to the leadership of the supervisory consulting unit.

e) Carry out the preparation of technical acceptance documents, quantity records, and final completion acceptance documents of the project.

g) Bear legal responsibility for supervision throughout the construction period;

3. Duties and authorities of Supervisors

a) Technically supervise to ensure the project meets technical requirements, follows procedures, and design documents.

b) Supervise and confirm mud and dredging soil transportation trips.

c) Supervise or prepare acceptance documents as assigned according to prescribed models.

d) Perform construction diary recording work.

4. The Vietnam Maritime Administration, regional port maritime offices, maritime safety assurance corporations, and supervisory consulting units shall be responsible for organizing the implementation of dredging construction supervision and channel maintenance in accordance with this Circular and relevant laws.

5. During the supervision process, supervisory consulting units must closely coordinate with the Vietnam Maritime Administration, port maritime offices, maritime safety assurance corporations, and contractors to expedite construction progress and ensure high-quality projects; promptly report technical issues to the Corporation for Maritime Safety Assurance and contractors for joint resolution according to regulations. These resolutions must be recorded in the construction diary.

Article 8. Installation of Dredging Monitoring Systems on Mud and Dredging Soil Transportation Vessels

1. Vessels participating in mud and dredging soil transportation in dredging construction and channel maintenance must install dredging monitoring systems.

2. Structure of the dredging monitoring system installed on mud and dredging soil transportation vessels

a) An Automatic Identification System (AIS) device to automatically provide information about the movement route of the dredging vessel (position, speed, vessel name), supporting collision avoidance and ensuring maritime safety in the dredging area.

b) A video recording device (camera) providing images of the mud and dredging soil storage compartment when starting to transport mud and before dumping at designated locations.

3. Minimum technical specifications and operating conditions of the dredging monitoring system installed on mud and dredging soil transportation vessels

a) The AIS device must comply with international standards IEC 61162-1 and IEC 60945 published by the International Electrotechnical Commission (IEC); it must continuously and stably transmit the movement route of the dredging vessel to the data center so that the Vietnam Maritime Administration, port maritime offices, maritime safety assurance corporations, and supervisory consultants can monitor, inspect, and supervise through the internet.

b) The video recording device (camera) must meet working conditions according to standard IP 66 (impact, dust, water resistant), with a minimum image resolution of 420 TV lines, supporting compression standards H.264, MPEG-4, and MJPEG, equipped with infrared capability to record images day and night, displaying real-time time stamps during recording, ensuring continuous recording and storage capacity throughout the dredging process; at least two recording devices must be installed to prevent accidents.

c) The dredging monitoring system must be installed and maintained to protect against water and high humidity. Power supply for the monitoring system operation must be continuous and stable (24/24 hours).

d) The dredging monitoring system must be installed in appropriate positions, fixed on construction vessels (with lead seals and tamper-proof seals), facilitating exploitation, monitoring, and recording images during the dredging and mud transportation process, without any relocation, disassembly, or position change throughout the entire dredging process.

4. Data security of the dredging monitoring system

a) Recorded data must be ensured not to be deleted or altered during the storage period.

b) Data stored in memory must be password protected before commencing dredging and mud transportation work (passwords managed by the maritime safety assurance corporations and provided to regional port maritime offices and supervisory consultants for monitoring and inspection when necessary).

5. Maritime safety assurance corporations are responsible for inspecting the dredging monitoring system, supervising the installation of the dredging monitoring system by contractors, and sealing it to ensure no dismantling, relocation, or interference that would alter the results of the monitoring system.

Article 9. Management of data for the dredging monitoring system

1. Data from the dredging monitoring system must be sent to the Data Center for management, exploitation, and utilization to serve the supervision of vessels participating in transporting dredged materials.

2. The Data Center shall have the function of integrating data sent from AIS devices and displaying it on digital maps; providing access interfaces and integrated information usage through the internet environment to serve inspection and supervision work of relevant agencies and units (Vietnam Maritime Administration, Port Maritime Services, General Corporation for Marine Safety Assurance and Consulting Supervision); automatically extracting information and data to serve management, inspection, supervision, reporting, and statistics work.

3. The Data Center must regularly back up data to prevent loss; storing data for at least three years, starting from the date the project is accepted for completion and put into use.

4. The Vietnam Maritime Administration organizes the management of the Data Center based on existing infrastructure, ensuring overall consistency, meeting requirements for management, inspection, supervision, data retrieval, and provision for vessels participating in dredging construction and maintenance of maritime channels.

Chapter IV

IMPLEMENTATION

Article 10. Responsibilities of the Vietnam Maritime Administration

1. Organizing the implementation of dredging and maintenance of maritime channels according to legal regulations, ensuring progress and quality.

2. Proactively reviewing and approving specific contents of dredging and channel maintenance activities in accordance with the annual dredging and channel maintenance plan approved and actual management conditions; submitting to the Ministry of Transport for consideration and adjustment of the dredging and channel maintenance plan in case there is a change in the list of channel routes or exceeding the allocated dredging budget; strengthening inspections and supervision to ensure the quality of projects, economic and technical efficiency; organizing the implementation of surveying and measuring handover of construction sites, on-site acceptance surveys, and re-measurement to check the results of channel route implementation; simultaneously reporting to the Ministry of Transport five working days before implementation.

3. Directing port maritime services to grant permits to vessels participating in dredging and maintenance activities in compliance with registration and inspection regulations. Organizing inspections of permit issuance for dredging construction vessels by port maritime services; inspecting dredging activities and disposal of dredged materials through data provided by general corporations for marine safety assurance and consulting supervision.

4. Taking the lead, together with the General Corporation for Marine Safety Assurance, to work with local authorities to select appropriate locations for disposing of dredged materials for channel maintenance, ensuring stability, longevity, economic and technical efficiency, and environmental protection.

5. Monitoring, summarizing, and preparing content for mid-term and final evaluations of the results of implementation upon the conclusion of the trial period as stipulated in Decision No. 73/2013/QD-TTg.

Article 11. Responsibilities of Port Maritime Services

1. Approving maritime safety measures during the dredging and maintenance construction of maritime channels as prescribed in Article 14 of Decree No. 21/2012/NĐ-CP.

2. Based on proposals from general corporations for marine safety assurance, implementing inspections and granting permits to vessels meeting conditions for construction entry as prescribed in Article 67 of Decree No. 21/2012/NĐ-CP. Not issuing permits for construction operations to vessels that do not meet registration and inspection standards as prescribed, and which have not installed the dredging monitoring system as prescribed in Clause 8 of this Circular.

3. Determining construction times on maritime channels, ensuring safety for ships and boats operating in the area and the progress and quality of the project.

4. Cooperating with related units to inspect the process of disposing of dredged materials by contractors; closely monitoring the daily operations of construction vessels; strictly handling vessels that dispose of dredged materials in incorrect locations and imposing administrative penalties according to the law.

5. Performing state management functions over maritime activities involving dredging and maintenance of maritime channels and water areas within the assigned port waters according to legal regulations.

Article 12. Responsibilities of the General Corporation for Maritime Safety Assurance

1. Shall be responsible for the tasks assigned to it, comply with legal regulations, complete the annual dredging and maintenance plan for maritime channels, and ensure the effective use of state budget funds.

2. Ensure the quality of projects according to the requirements of service contracts and legal provisions on investment management, construction project quality management.

3. Select contractors in accordance with legal regulations, manage strictly, and absolutely prevent the transfer of workload or subcontracting. Specific provisions regarding: the percentage value of work volume undertaken by sub-contractors, construction equipment rented by the main contractor, construction equipment owned by the main contractor participating in the execution; rented construction equipment; penalty clauses for violations by contractors concerning quality, progress, maritime safety, and environmental hygiene (the main contractor shall be responsible for violations by sub-contractors) shall be stipulated in the tender documents and construction contracts.

4. Organize inspections and reviews of equipment proposed by contractors for construction services as stated in the winning bid documents and actual construction site conditions, and submit them to the Marine Port Authority for operational permit issuance. Coordinate with construction contractors and supervisory consultants to review and approve construction organization methods, quality control measures, detailed progress schedules, labor safety management measures, and environmental hygiene measures, and send these to the Vietnam Maritime Administration and the Marine Port Authority before commencing construction for management, inspection, and supervision.

5. Develop a maritime safety assurance plan to be submitted to the Marine Port Authority for approval prior to commencement of construction; implement the plan and report on its implementation results after construction completion.

6. During the construction process, maintain a permanent staff presence at the site to closely monitor and supervise the activities of supervisory consultants and construction contractors (including sub-contractors and rented equipment), prepare records for handling activities that violate regulations. In case of additional workload and costs, promptly report to the Vietnam Maritime Administration to select survey and measurement consulting units, adjust the report, and submit it for approval by the Vietnam Maritime Administration or present it to the Ministry of Transport for consideration and decision.

7. Manage and supervise dredging and disposal of dredged sludge in compliance with regulations, ensuring maritime safety, and regularly report monthly and upon urgent requests to the Vietnam Maritime Administration.

8. Shall not accept or settle accounts for work items that have not been completed according to approved design documents or have been completed but do not meet quality standards.

9. Copy images from recording devices (Cameras) installed on vessels and photographs of sediment storage compartments taken by supervisory consultants for storage together with the project completion documents as required.

10. Provide and hand over all existing elevation markers at the construction site to the Vietnam Maritime Administration as requested for survey and measurement purposes. Use the on-site survey and measurement acceptance map to issue maritime notifications before organizing the final acceptance and commissioning of the project.

Article 13. Responsibilities of Related Consulting Units

1. Ensure that consulting products are carried out in accordance with assigned requirements, conforming to technical standards and legal provisions.

2. Have a quality management system to control product quality in accordance with regulations; be responsible for supervising the author of the design contractor during the construction installation process according to regulations; promptly coordinate with management agencies and contractors to resolve issues related to consulting documents and unforeseen events during construction; participate in inspection and acceptance of works upon request of management agencies according to regulations.

3. Be liable under the law and before management agencies for the results of implementation and compensate for damages caused by their consulting products.

4. Fully perform the obligations and responsibilities of consultants as stipulated in signed contracts and legal provisions.

Article 14. Responsibilities of Construction Contractors

1. During the construction process, strictly comply with legal regulations on construction project quality management, technical standards, design documents, approved maritime safety assurance plans, and relevant legal provisions. Subject to regular supervision and inspection of construction quality by management agencies, design organizations, and supervisors.

2. Install dredging monitoring systems as required in Article 8 of this Circular and fix MIA (a ruler marked to centimeters) permanently in the hold (the ruler's height must exceed the maximum thickness of soil in the hold), ensuring that equipment operates well throughout the dredging and sludge disposal process. In case the dredging monitoring system malfunctions or does not operate during transportation, the construction contractor must immediately report to the Supervision Consultant, Vietnam Maritime Administration Corporation, and the main contractor (if applicable) for prompt handling; if the malfunction cannot be resolved, allow the vessel to complete sludge disposal at the designated location and only resume construction after repairs are completed; if the contractor fails to timely report the malfunction of the monitoring system, the results of the sludge disposal transportation will not be accepted.

3. Develop construction methods and schedules to ensure project quality, labor safety, and environmental hygiene during construction; establish a quality assurance system to manage construction products and projects during construction; keep complete construction project progress logs; organize internal acceptance in compliance with regulations. If Vietnam Maritime Administration organizes field survey inspections at the request of the construction contractor but the inspection results show that the work does not meet the design requirements and signed construction contract, the construction contractor must bear the cost of that inspection and continue construction to complete the project as required.

4. Mobilize sufficient manpower and construction equipment as committed in the bid documents and construction contract.

5. Clearly declare information about subcontractors in bid documents and construction contracts, including: list, value of work performed, scope of work, owned equipment, and other necessary information of subcontractors.

6. Only change construction methods with approval from Vietnam Maritime Administration Corporation; change construction volumes with approval from Vietnam Maritime Administration; regularly report on progress, quality, volume, safety, and environmental conditions of construction.

7. Be responsible to management agencies and under the law for construction installation of works, including those parts carried out by subcontractors as stipulated in the construction sub-contract agreement.

8. In case of improper sludge disposal construction, causing environmental pollution, or transferring more than 10% of the actual value of the work (excluding parts of the work assigned to subcontractors listed in bid documents and signed construction contracts) to another contractor, the contractor must take responsibility for remedying damages caused, face administrative penalties as prescribed, be banned from participating in bidding for maintenance channel dredging projects for one to three years, and bear other responsibilities as prescribed by law.

Article 15. Effective Date

This Circular takes effect from September 15, 2014.

Article 16. Implementation Organization

1. The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of Vietnam Maritime Administration, General Directors of Northern and Southern Vietnam Maritime Safety Assurance Corporations, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. During implementation, if there are difficulties, agencies, organizations, and individuals should reflect them to the Ministry of Transport for timely consideration and resolution./.