Circular No. 30/2017/TT-BGTVT amending and supplementing certain provisions of Circular No. 40/2010/TT-BGTVT dated December 31, 2010, issued by the Minister of Transport on traffic regulation, control, and safety assurance on inland waterways and anti-drift measures.

CIRCULAR

Provincial People's Committees set specific pricesAmending and supplementing some articles of Circular No. 40/2010/TT-BGTVT dated December 31, 2010 of the Minister of Transport on traffic regulation and control to ensure inland waterway traffic safety and prevent driftingt TN ||| implement regulations on traffic regulation and control to ensure navigation safety and order on inland waterwaysNo.N ||| and to prevent natural disasters and search and rescue operations;No.urging, handling tasks according to the assignmenta trngN ||| b) Determine the crew complement for vessels in accordance with the provisions of the Minister of Transport. The permanent staff for preventing drifting, supporting, and rescue operations must be qualified, and shall be arranged as follows: permanent anti-drifting commander (labor grade 5 to 6): one person per shift; permanent anti-drifting staff (labor grade 3 to 4): five persons per shift;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government detailing and providing implementation measures for certain provisions of the Law on Inland Waterway Traffic and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic;

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;

Pursuant to Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government stipulating organization and operation of emergency response to natural disasters and search and rescue;No.N ||| c) Minimum equipment and facilities for one station include: one station sign; one compressed speaker system; one flag set; one first aid cabinet; one radio (telephone); two flashlights; one telescope and other lifesaving equipment as prescribed;policiesN ||| 10. Clause 5 Article 9 is amended and supplemented as follows:

Pursuant to Decision No. 51/2015/QĐ-TTg dated October 14, 2015 of the Prime Minister on regulations for organizing search and rescue in inland waterway traffic;

Article 1. This Circular stipulates traffic control and restriction to ensure safety, prevent drift and restrict inland waterway traffic.

The Minister of Transport hereby promulgates this Circular amending and supplementing some articles of Circular No. 40/2010/TT-BGTVT dated December 31, 2010 of the Minister of Transport on traffic regulation and control to ensure inland waterway traffic safety and prevent drifting.t TN ||| implement regulations on traffic regulation and control to ensure navigation safety and order on inland waterwaysNo.N ||| and to prevent natural disasters and search and rescue operations;No.urging, handling tasks according to the assignmenta trngN ||| "5. Organizations and individuals owning sunken vessels must take all preventive measures to minimize environmental pollution incidents and bear all costs for salvage and removal of obstacles caused by the sinking vessel."

Article 1. Amending and supplementing some articles of Circular No. 40/2010/TT-BGTVT dated December 31, 2010 of the Minister of Transport on traffic regulation and control to ensure inland waterway traffic safety and prevent drifting (hereinafter referred to as Circular No. 40/2010/TT-BGTVT).

1. Clause 2 shall be amended and supplemented as follows:

"Article 2. Explanation of terms

1. Traffic regulation and control to ensure traffic safety means organizing and guiding vessels to navigate under adverse conditions to ensure safety and minimize traffic congestion on inland waterways.

2. Preventing collision means implementing measures and solutions to prevent accidents involving collisions with structures or between vessels.

3. Inland waterway search and rescue means activities to save people in danger from threats to their lives, including first aid or other measures to bring people in danger on inland waterways, port waters, and inland waterway wharfs to safe locations.

4. Restricted vessel passage channel means a channel or section of a channel with width, depth, radius of curvature, or clearance height smaller than the technical grade of the inland waterway."

2. Clause 1 and Clause 4 of Article 3 are amended and supplemented as follows:

"1. Traffic regulation and control to ensure traffic safety shall be implemented on inland waterway routes at black spots or potential accident-prone areas when the conditions specified in Article 4 of this Circular are met.";

"4. Traffic regulation and control to ensure traffic safety combined with preventing collision shall be implemented on main inland waterway transport routes at bridge crossings over roads and railways where the size of the navigable space is smaller than the technical grade of the inland waterway and is a black spot or potential accident-prone area during typhoon and flood seasons or in areas with unstable currents with surface flow velocity ≥ 5 meters/second."

4. Clause 2 of Article 5 is amended and supplemented as follows:

"Article 4. Measures for organizing traffic regulation and control to ensure traffic safety and prevent collision

1. By inland waterway signals in cases where the restricted vessel passage channel has a width ≤ 1/2 the width of the channel according to the current technical grade of the inland waterway and a length of up to 200 meters.

2. By one traffic regulation and control station combined with inland waterway signals in cases:

a) The restricted vessel passage channel has a width ≤ 1/2 the width of the channel according to the current technical grade of the inland waterway and a length of more than 200 meters but less than 500 meters;

b) The restricted vessel passage channel has a width > 1/2 the width of the channel according to the current technical grade of the inland waterway and a length of up to 200 meters.

3. By one traffic regulation and control station combined with preventing collision at the upstream location and inland waterway signals at black spots or potential accident-prone areas during typhoon and flood seasons.

4. By two traffic regulation and control stations at the upstream and downstream locations combined with inland waterway signals in cases:

a) The restricted vessel passage channel has a width ≤ 1/2 the width of the channel according to the current technical grade of the inland waterway and a length of 500 meters or more;

b) The restricted vessel passage channel has a width > 1/2 the width of the channel according to the current technical grade of the inland waterway and a length of more than 200 meters;

c) For structures crossing inland waterways where the restricted vessel passage channel width ≥ 1/2 the width of the channel or the restricted clearance height ≥ 1/2 the clearance height of the structure according to the regulations.

5. By two traffic regulation and control stations and one central station (except in cases prohibiting channels) to prevent collision in cases:

a) Construction of projects within the channel area with construction time exceeding five days;

b) Bridge locations as specified in point c, Clause 4 of this Article during typhoon and flood seasons."

4. Clause 5 of Article 5 is amended and supplemented as follows:

"5. Rescue in cases of accidents, incidents, and other risks that pose a threat to safety in the regulated area."

5. Point c of Clause 1 of Article 6 is amended and supplemented as follows:

"c) The central traffic regulation and control station combined with preventing collision should be located upstream of the construction site not more than 200 meters."

6. Point a of Clause 2 of Article 6 is amended and supplemented as follows:

"a) Shore signals at one traffic regulation and control station ensuring traffic safety include:

In cases where two or more traffic regulation stations are implemented, based on actual conditions, one set of allowed mooring signals may be arranged."

7. Clause 3 of Article 6 is amended and supplemented as follows:

"3. Vessels and personnel for traffic regulation and control to ensure traffic safety

a) Each station shall be equipped with at least one vessel with a power capacity of 33 horsepower to 90 horsepower and at least one high-speed boat (speedboat) with a power capacity of 25 horsepower to 40 horsepower. In cases of river mouths leading to the sea, channel routes connecting the shore to islands, channel routes connecting islands, and special technical grade channel routes, vessels with higher power capacities may be arranged, but the competent authority must approve the engine power of such vessels not exceeding 150 horsepower for vessels and 115 horsepower for high-speed boats.

b) The crew complement on the vessels shall be organized according to the regulations of the Minister of Transport. Traffic control and regulation personnel must have relevant expertise and shall be organized as follows: traffic control commander (rank 5 to rank 6): one person per shift; station staff (rank 3 to rank 4): two persons per shift; coordinating forces at each station (when necessary): one person per shift.

Other equipment and devices for one station shall include at least: one signboard; one compressed air horn set; one signal flag; one first aid cabinet; one radio (telephone); two flashlights; one water gauge; one telescope; and rescue equipment as prescribed.

8. Article 7 shall be amended and supplemented as follows:

"Article 7. Contents of anti-drift work

1. Deploying equipment, devices, and personnel for continuous anti-collision and rescue operations according to approved plans.

2. Organize support, rescue operations, or coordinate with other forces to carry out rescue operations when accidents occur.

3. Notify relevant agencies, organizations, and passing vessels about the permanent station's location, form, contact address, and functions and responsibilities for anti-drift and rescue operations.

4. Record logbooks and reports as prescribed."

9. Clause 3 of Article 8 shall be amended and supplemented as follows:

"3. Vessels and personnel for permanent anti-drift stations

a) Each permanent station shall be equipped with at least one vessel with a power capacity of 150 horsepower to 250 horsepower and at least one high-speed boat (speedboat) with a power capacity of 25 horsepower to 40 horsepower. In cases of river mouths leading to the sea, channel routes connecting the shore to islands, channel routes connecting islands, and special technical grade channel routes, vessels with higher power capacities may be arranged, but they must be decided by the competent authority according to the分级权限体系，请问您需要我继续翻译剩余的内容吗？如果您需要，请直接提供指令，如“请继续翻译”。

N ||| 11. Clause 1 Article 10 is amended and supplemented as follows:

N ||| "1. For national inland waterways

N ||| a) The Vietnam Inland Waterway Administration shall develop an annual plan for traffic regulation and control to ensure navigation safety and anti-drifting operations on inland waterways, to be submitted to the Ministry of Transport for approval and implementation;

N ||| The Ministry of Transport shall direct the mobilization of vessels and personnel from organizations and individuals in emergency situations to carry out disaster prevention and rescue operations in accordance with the law.

N ||| b) The Vietnam Inland Waterway Administration shall review and approve plans for traffic regulation and control to ensure navigation safety and anti-drifting operations on inland waterways according to the approved annual plan by the Ministry of Transport and organize the selection of units to implement in accordance with regulations;

N ||| c) For construction and repair works, the Vietnam Inland Waterway Administration and local inland waterway management agencies shall review and approve plans to ensure safe navigation in accordance with the law."

N ||| "Article 11. Inspection and supervision work

N ||| 1. The Ministry of Transport shall direct the implementation of traffic regulation and control to ensure navigation safety, anti-drifting operations, and combined traffic regulation and control to ensure navigation safety and anti-drifting during typhoon and flood seasons and to ensure national security and defense.

N ||| 2. The Vietnam Inland Waterway Administration or local inland waterway management agencies authorized by the Vietnam Inland Waterway Administration shall be responsible for organizing regular inspections, routine inspections, spot checks, and supervision of traffic regulation and control to ensure navigation safety, anti-drifting operations, and combined traffic regulation and control to ensure navigation safety and anti-drifting on national inland waterways.

N ||| 3. Provincial Departments of Transport or local inland waterway management agencies assigned tasks by competent authorities shall be responsible for organizing regular inspections, spot checks, and supervision of traffic regulation and control to ensure navigation safety, anti-drifting operations, and combined traffic regulation and control to ensure navigation safety and anti-drifting on local inland waterways."

12. Article 11 is amended and supplemented as follows:

N ||| 13. Clause 3 Article 12 is amended and supplemented as follows:

N ||| "3. For traffic regulation and control to ensure navigation safety, anti-drifting operations, and combined traffic regulation and control to ensure navigation safety and anti-drifting in emergency situations for disaster prevention and rescue operations, the annual state budget funds shall be used as prescribed."

N ||| 14. Add Clause 4 Article 12 as follows:

N ||| "4. For inland waterway structures constructed after January 1, 2018 whose navigable clearance does not comply with the provisions of Clause 1 and Clause 4 of Article 3, the organization or individual that is the owner of the structure shall be responsible and bear the cost to implement measures as prescribed in Article 4 of this Circular."

N ||| The Director of the Office of the Ministry, the Director of the Inspectorate of the Ministry, Heads of Departments, the Director of the Vietnam Inland Waterway Administration, Directors of Provincial Departments of Transport under central cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.

"3. For traffic regulation and control work to ensure traffic flow, anti-drift work, and combined traffic regulation and control work to ensure traffic flow and prevent drift in emergency situations for disaster prevention and rescue operations, the annual state budget funds shall be utilized as prescribed."

14. Supplement Clause 4 of Article 12 as follows:

"4. For inland waterway works constructed after January 1, 2018, if the dimensions of the navigable clearance do not comply with the provisions of Clause 1 and Clause 4 of Article 3, then the organizations or individuals who are the owners of such works shall bear the responsibility and costs for implementing measures as stipulated in Article 4 of this Circular."

Article 2. Effective Date

This Circular takes effect from January 1, 2018.

Article 3. Implementation Organization

The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterways Administration, the Directors of Provincial and Central City Departments of Transport, and related agencies, organizations, and individuals are responsible for implementing this Circular./.