Directive No. 31/2005/CT-TTg on Strengthening Work to Ensure Order and Safety in Inland Waterway Traffic

DIRECTIVE

On Strengthening Work to Ensure Order and Safety in Inland Waterway TransportIn recent years, the Ministry of Transport has cooperated with the Ministry of Public Security and People's Committees of provinces and centrally governed cities in the work of propaganda, dissemination, and education on laws related to inland waterway transport to all levels of the population, especially those involved in inland waterway transport and transportation; directed agencies and units to strengthen inspection, supervision, and administrative violation handling in the field of inland waterway transport. Thanks to this, the awareness and actions of organizations and individuals managing and participating in inland waterway transport have shown positive changes; inland waterway transport activities have gradually become regulated.

However, the situation regarding order and safety in inland waterways remains complex. Overloading of vessels beyond permitted weight capacity is still quite common; unregistered and uninspected vessels, crew members and drivers without professional certificates, and arbitrarily established wharfs lacking safety conditions still account for a high proportion; the level of compliance with laws among traffic participants remains low. From the beginning of 2005 until now, although inland waterway traffic accidents have decreased, the number of incidents, fatalities, and injuries is still significant; serious accidents continue to occur, particularly on rivers and canals that have not been organized for management.

The main reasons for the above situation are due to insufficient attention being given to state management of order and safety in inland waterway transport. Specialized management agencies, people's police forces, and local authorities have yet to implement practical measures in managing inland waterway transport and transportation activities; they have not firmly dealt with violations of the law by vessel owners, crew members, and drivers; especially, small passenger-carrying vessels have not been strictly managed by localities according to legal provisions.

To address these shortcomings, enhance work to ensure order and safety in inland waterway transport, and reduce traffic violations and accidents to the lowest possible level, the Prime Minister instructs:

a) To take the lead and coordinate with the Ministry of Public Security and People's Committees of provinces and centrally governed cities to conduct a comprehensive survey of inland waterway vessels and the crew to expedite registration, management, technical safety inspections of vessels, and training and issuance of professional certificates as prescribed.

1. The Ministry of Transport:

b) To direct strict inspections of vessels, crew members, and drivers at ports and wharfs; thoroughly handle vessels carrying overloads and those without safe departure conditions from ports and wharfs; require the Directors of Inland Waterway Port Authorities and Inland Waterway Traffic Inspectors to strictly deal with violations of the law within their authority.

c) To direct functional units to cooperate with localities to strengthen inspections of passenger transport operations, particularly at river passenger wharfs and passenger vessels; firmly deal with inland waterway wharfs without operating permits and violations of inland waterway transport infrastructure protection zones.

d) To take the lead and coordinate with mass media agencies, the Central Committee of the Vietnam Fatherland Front, and people's organizations to further promote propaganda, dissemination, education, and guidance on the implementation of laws concerning inland waterway transport.

a) To strengthen patrols and controls on inland waterway routes; focus on dealing with violations, especially vessels not meeting safety conditions, vessels overloaded beyond permitted weight capacity, and drivers without required professional certificates.

2. The Ministry of Public Security:

b) To develop and submit to the Prime Minister for approval a proposal to enhance material and technical facilities and patrol forces of inland waterway traffic police to effectively prevent violations of laws ensuring order and safety in inland waterway transport nationwide.

3. Ministry of Culture and Information:

To direct mass media agencies to cooperate with the Ministry of Transport in organizing and implementing information dissemination programs widely reaching all levels of the population about the implementation of laws ensuring order and safety in inland waterway transport.

a) To take the lead and coordinate with the Ministry of Transport and People's Committees of provinces and centrally governed cities to supervise the implementation of regulations on environmental protection in cargo handling, construction projects, sand and gravel extraction, or other mineral exploitation on inland waterways.

4. The Ministry of Natural Resources and Environment:

b) To strengthen directives to functional units to cooperate with local authorities and relevant forces to inspect sand and gravel extraction or mineral exploitation activities on inland waterways.

5. Ministry of Fisheries:

In addition to strictly implementing the provisions of the Fisheries Law, the Inland Waterway Transport Law, and Government Decree No. 66/2005/NĐ-CP dated May 19, 2005, on ensuring safety for fishery vessels and personnel, promptly carry out the following tasks:

a) To organize inspections of fishing vessel registration, crew member registration, inspection, and issuance of technical safety certificates for fishing vessels.

b) To complete training programs, contents, examinations, and issuance of professional certificates for personnel operating fishing vessels to improve training quality and ensure full compliance with regulations on preventing collisions between vessels and between vessels and waterway infrastructure when operating in inland waters.

c) To strictly deal with vessel owners and operators violating technical safety requirements and professional certificates for fishing vessel crew members.

6. The Ministry of Trade coordinates with the Ministry of Transport to direct oil transportation enterprises to strictly comply with laws on inland waterway transport and relevant regulations on protecting oil facility safety related to inland waterway transport activities.

6. The Ministry of Commerce shall coordinate with the Ministry of Transport to direct petroleum transportation enterprises to strictly comply with laws on inland waterway transport and regulations on protecting the safety of petroleum facilities related to inland waterway transport activities.

7. The Ministry of Finance shall promptly study and amend the collection rates and provide specific guidance on the collection of registration fees for small vehicles and second-hand machinery-equipped vehicles to align with current realities.

8. Ministries, ministerial-level agencies, and government-affiliated agencies within their respective mandates shall cooperate with the Ministry of Transport to strengthen state management over inland waterway transportation.

9. People's Committees of provinces and centrally governed cities:

a) Shall take the lead and coordinate with the Ministry of Transport to promptly develop and implement plans for the development of inland waterway transportation and transport infrastructure in their localities;

b) Based on the plans for the development of inland waterway transportation and transport infrastructure, specify regulations regarding marketplaces, fishing villages, craft villages, and other activities along the navigation channel protection zones to ensure smooth, orderly, safe inland waterway traffic and environmental protection;

c) Strictly direct inspections of technical safety conditions of vessels; stipulate safety requirements for primitive vessels with a total weight under 1 ton or passenger capacity under 5 people or rafts;

d) Take the lead and coordinate with the Ministry of Public Security and the Ministry of Transport to dismantle and remove illegal structures, fish traps, aquaculture and fishing facilities, sand and gravel extraction sites, or other mineral extraction sites within the navigation channel and its protection zone;

e) In key areas concerning inland waterway traffic safety, provincial People's Committees shall take the lead and coordinate with the Ministry of Transport to develop plans to reduce cargo loads for commercial transport vessels and mineral extraction vessels operating on inland waterways without registration, inspection, or compliance with business and occupational conditions;

f) Strengthen directives to relevant departments and district and commune-level People's Committees to closely collaborate in protecting inland waterway transportation infrastructure, particularly the inland waterway signaling system;

g) Issue specific policies to encourage investment in building passenger terminals and equipping vessels to meet the travel needs of the public;

h) Vigorously organize training and certification for vessel operators and issuance of legal education certificates on inland waterway traffic laws;

i) Enhance publicity, dissemination, and legal education on inland waterway traffic laws among various strata of the local population through practical and appropriate methods tailored to different groups;

10. Ministers of ministries, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, and heads of related agencies shall strictly implement this Directive.

11. The National Traffic Safety Committee shall be responsible for coordinating activities, monitoring, and urging the implementation of this Directive; promptly report to the Prime Minister on the outcomes and difficulties encountered during implementation, and propose specific measures for resolution.