Circular No. 30/2016/TT-BGTVT on the procedures and formalities for confirming the submission of maritime protest

CIRCULAR

Regulations on the procedures for confirming the submission of maritime protest

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

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;

At the proposal of the Director of the Legal Department and the Director General of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular to regulate the procedures for submitting and confirming maritime protests.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to ships and vessels including: ocean-going vessels, public service vessels, mobile platforms, submarines, diving vessels, inland waterway vessels, seaplanes, and fishing vessels operating in port waters, Vietnamese territorial waters, and international routes (hereinafter referred to as ships and vessels).

Article 2. Applicability

This Circular applies to organizations and individuals related to the submission and confirmation of maritime protests for ships and vessels operating in port waters, Vietnamese territorial waters, and international routes.

Article 3. Main contents of a maritime protest

A maritime protest includes the following main contents:

1. Full name, date of birth, identification card number, date of issuance, issuing authority of the identity card or citizen identification card or passport of the master.

2. Information about the ship or vessel including: name of the ship or vessel, registered port, registration number, destination port (departure port, intermediate port), gross tonnage, nationality, IMO number (if available).

3. Quantity, type, packaging characteristics (loose/bagged) of cargo on the ship or vessel (if applicable).

4. Time and location where the accident or incident occurred.

5. Weather conditions at the time of the accident or incident.

6. Description of the development of the accident or incident.

7. Losses caused by the accident or suspected losses caused by the accident or incident (if applicable).

8. Measures taken to address the situation of the accident or incident and minimize losses caused by the accident or incident (if applicable).

9. Other information related to the accident or incident (if applicable).

10. List of accompanying documents as prescribed in Article 5 of this Circular.

Chapter II

PROCEDURES FOR CONFIRMING THE SUBMISSION OF MARITIME PROTESTSAPPLICATION FOR MARITIME PROTEST

Article 4. Authority to confirm the submission of maritime protests

1. The competent state agency to confirm the submission of maritime protests in Vietnam is the Maritime Port Office or its representative or the People's Committee of the nearest commune.

2. The competent state agency to confirm the submission of maritime protests abroad is the nearest Vietnamese diplomatic mission or the competent authority or organization of the country where the ship or vessel operates.

Article 5. Documents for confirming the submission of maritime protests

1. Documents to be submitted for ocean-going vessels, public service vessels, mobile platforms, submarines, diving vessels, seaplanes, and inland waterway vessels carrying the VR-SB class:

a) Maritime protest (two copies);

b) Extracts from relevant logs of the ship or vessel concerning the incident (one copy);

c) Extracts from relevant nautical charts concerning the incident (except when the accident or incident occurs while the ship or vessel is moored at a port) (one copy).

2. Documents to be submitted for inland waterway vessels (excluding inland waterway vessels carrying the VR-SB class) and fishing vessels:

a) Maritime protest (two copies);

b) Extracts from relevant logs of the ship or vessel concerning the incident (one copy, if applicable);

c) Copy of a sketch with a description of the location where the accident or incident occurred and attached images (one copy, if applicable).

3. Documents to be presented:

For ocean-going vessels, public service vessels, mobile platforms, submarines, diving vessels, seaplanes, and inland waterway vessels carrying the VR-SB class: relevant logs concerning the incident (original).

4. The documents specified in Clause 1 and Clause 2 of this Article must be signed by the master and stamped by the ship or vessel (if applicable); for the maritime protest, in addition to the signature of the master and stamp of the ship or vessel (if there is a stamp), it must also bear the signatures of the chief engineer, an officer, or a crew member as witnesses.

5. In addition to the number of copies of the maritime protest prescribed in point a of Clause 1 and point a of Clause 2 of this Article, the master may request additional copies with the same content if deemed necessary.

Article 6. Procedure for Implementing and Processing Documents to Confirm the Submission of Maritime Protest

1. The ship captain shall prepare the documents in accordance with Article 5 of this Circular and directly submit them to the competent authority specified in Clause 1 of Article 4 of this Circular and the Vietnamese representative office abroad as specified in Clause 2 of Article 4 of this Circular.

2. Upon receiving the documents, the competent authority shall examine their compliance. In case the documents are not compliant, within no more than 30 minutes from the time of receipt, the competent authority shall guide the ship captain to complete the documents in accordance with the regulations.

3. Within a maximum period of 01 hour for the Marine Port Office, the Marine Port Office Representative, and 03 hours for other competent authorities, from the time all valid documents have been received, the competent authority shall confirm the submission of the maritime protest.

4. The authority confirming the submission of the maritime protest shall retain a copy of the documents specified in Clauses 1 and 2 of Article 5 of this Circular and return the remaining copies of the confirmed maritime protest to the ship captain.

Article 7. Content of Confirmation of the Submission of Maritime Protest

1. Date and time of receipt of the maritime protest submission.

2. Confirmation of receipt of the maritime protest submission.

3. Name, position, and signature of the person confirming the maritime protest submission.

4. Stamp of the authority confirming the maritime protest submission.

Article 8. Fee for Confirmation of the Submission of Maritime Protest

The competent authority confirming the submission of the maritime protest may collect the fee for confirmation of the maritime protest submission in accordance with the regulations of the Ministry of Finance.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from July 1, 2017, and replaces Decision No. 41/2005/QĐ-BGTVT dated September 16, 2005, of the Minister of Transport on the procedures and formalities for confirming the submission of maritime protests in Vietnam.

Article 10. Responsibility for Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.