Circular No. 34/2013/TT-BGTVT on the tasks, powers, and organization of the Maritime Transport Inspection under the Vietnam Maritime Administration

CIRCULAR

Regulations on tasks, powers, and organization of

The Marine Inspection Department of Vietnam

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Based on the Inspection Law dated November 15, 2010;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

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. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 57/2013/NĐ-CP dated May 31, 2013 of the Government on the organization and operation of inspection in the Transportation Sector;

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013, issued by the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations.

At the proposal of the Inspector General of the Ministry of Transport, the Director of the Marine Administration of Vietnam,

The Minister of Transport promulgates this Circular stipulating the tasks, powers, and organization of the Marine Inspection Department of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the tasks, powers, and organization of the Marine Inspection Department of Vietnam (hereinafter referred to as the Marine Inspection Department); the tasks and powers of the Inspector General of the Marine Inspection Department of Vietnam (hereinafter referred to as the Inspector General of the Marine Inspection Department); the guidance, management, and coordination in specialized maritime inspection activities.

Article 2. Applicability

This Circular applies to the Marine Administration of Vietnam, the Marine Inspection Department, Port Maritime Services, and other organizations and individuals related to maritime activities.

Chapter II

TASKS, POWERS, AND ORGANIZATION OF THE MARINE INSPECTION DEPARTMENT OF VIETNAM

Article 3. Position and functions of the Marine Inspection Department

1. The Marine Inspection Department is an agency of the Marine Administration of Vietnam, assisting the Director of the Marine Administration of Vietnam (hereinafter referred to as the Director) in performing the function of specialized maritime inspection according to Vietnamese laws and international conventions on maritime affairs to which Vietnam is a member.

The Marine Inspection Department is under the direct leadership and guidance of the Director and is subject to the guidance and direction regarding inspection business from the Inspectorate of the Ministry of Transport (hereinafter referred to as the Inspectorate of the Ministry).

The Marine Inspection Department has the international transaction name in English as Vietnam Maritime Inspectorate, abbreviated as VMI.

2. The Marine Inspection Department has its own seal, can open an account at the National Treasury; it may use the seal of the Marine Administration of Vietnam according to the regulations on the use of seals.

3. The Marine Inspection Department is provided with material infrastructure, technical equipment, and means to serve inspection and administrative penalty activities.

Article 4. Organization and staffing of the Marine Inspection Department

1. The Marine Inspection Department has an Inspector General, Deputy Inspector General, Inspectors, and civil servants.

The Inspector General of the Marine Inspection Department is appointed, relieved, or dismissed by the Director after obtaining a written agreement from the Inspector General of the Ministry of Transport (hereinafter referred to as the Inspector General of the Ministry). The Deputy Inspector General of the Marine Inspection Department is appointed, relieved, or dismissed by the Director upon the recommendation of the Inspector General of the Marine Inspection Department.

2. The staffing of the Marine Inspection Department belongs to the administrative staffing of the Marine Administration of Vietnam assigned by the Minister of Transport.

Article 5. Tasks and powers of the Marine Inspection Department

1. Assist the Director in drafting annual inspection plans to be submitted to the Minister of Transport for approval and organize their implementation after approval; guide the drafting, consolidation, and submission of inspection plans of Port Maritime Services for the Director's approval.

2. Inspect organizations and individuals in compliance with specialized maritime laws, technical regulations, and industry management rules as prescribed by Vietnamese laws and international conventions on maritime affairs to which Vietnam is a member, in the following areas:

a) Ensuring maritime safety and preventing environmental pollution in port construction; managing and operating ports;

b) Maritime safety, maritime security, seafarer working conditions, and prevention of environmental pollution of Vietnamese and foreign ships when operating in port waters, inland waterways, and territorial waters of Vietnam;

c) Managing and operating maritime channels, maritime assistance systems; maritime notifications;

d) Maritime safety and security information activities;

đ) Maritime transport and shipping services business activities;

e) Oil spill response activities, management and treatment of liquid waste containing oil from ships at ports;

g) Pilotage activities;

h) Training, examination, certification of professional qualifications for seafarers and pilots;

i) Ship registration and crewing activities;

k) Maritime search and rescue activities;

l) Activities of salvaging assets sunken in the sea and port waters.

3. Detect, record, apply preventive measures, decide on administrative penalties within their authority or recommend competent authorities to decide on administrative penalties according to regulations.

4. Monitor, urge, and inspect the implementation of inspection conclusions, recommendations, and administrative penalty decisions.

5. Recommend or submit to competent authorities for improving policies and laws on specialized maritime management; recommend competent authorities to suspend or revoke regulations found to be contrary to the law through inspection activities; recommend measures to address and rectify violations in maritime activities.

6. Assist the Director in organizing citizen reception; handling complaints and denunciations; preventing and combating corruption according to regulations.

7. Promote and disseminate laws on: inspection work; administrative penalty enforcement; citizen reception; complaint and denunciation resolution; prevention and combating corruption.

8. Assist the Inspector General of the Ministry in training and guiding inspection and administrative penalty enforcement business; state control of ports (Port State Control) business for civil servants and officials tasked with specialized inspection and administrative penalty enforcement at the Marine Administration of Vietnam and Port Maritime Services.

9. Summarize and report to the Inspectorate of the Ministry on results concerning: specialized inspection work, administrative penalty enforcement; state control of ports; complaint and denunciation resolution; prevention and combating corruption within the responsibility of the Marine Administration of Vietnam.

10. Perform other tasks and powers assigned by the Director and the Inspector General of the Ministry according to the law.

Article 6. Tasks and Authorities of the Director of the Maritime Inspection Department

1. Organize, manage, and direct the activities of the Maritime Inspection Department in accordance with the provisions of this Circular and other relevant laws.

2. Assist the Director of the Maritime Administration in directing and inspecting maritime port inspection units regarding the performance of specialized inspection tasks; handle overlapping issues concerning the scope, subjects, content, and time of inspections conducted by agencies and units under the Vietnam Maritime Administration.

3. Decide to establish inspection teams according to approved inspection programs and plans or assign inspectors and civil servants from the Maritime Inspection Department to perform specialized maritime inspection tasks within their authority.

4. Submit to the Director of the Maritime Administration for re-inspection cases that have been concluded by the Director of the Maritime Port Inspection Unit but show signs of violation of the law; conduct surprise inspections when discovering agencies, organizations, or individuals showing signs of violating maritime laws or upon request of the Director of the Ministry's Inspection Department.

5. Recommend the Director of the Maritime Administration to temporarily suspend the execution of incorrect inspection decisions made by the Maritime Port Inspection Unit.

6. Decide to halt or recommend competent authorities to halt unlawful acts in specialized fields against agencies, organizations, or individuals if there is sufficient evidence to determine that such acts cause damage to state interests, lawful rights and interests of citizens, or obstruct the inspection process.

7. Recommend the Director of the Maritime Administration or require related organizations and individuals to take necessary measures to ensure maritime safety conditions, maritime security conditions, labor conditions at sea, and environmental protection in accordance with regulations.

8. Impose administrative penalties within their authority or submit to competent authorities for decisions on imposing administrative penalties in accordance with the law on handling administrative violations.

9. Perform other tasks and authorities assigned by the Director of the Maritime Administration or the Director of the Ministry's Inspection Department in accordance with the law.

Chapter III

GUIDANCE, MANAGEMENT AND COORDINATION OF SPECIALIZED MARITIME INSPECTION ACTIVITIES

Article 7. Guidance and Management

1. The Ministry's Inspection Department guides, inspects, and urges the development and implementation of specialized maritime inspection plans; provides guidance and organizes training for inspectors and civil servants tasked with performing specialized inspection duties; imposes administrative penalties in the maritime sector.

2. The Director of the Maritime Administration directs the Director of the Maritime Inspection Department and the Director of the Maritime Port Inspection Unit to survey, develop, and implement specialized maritime inspection programs and plans; directs coordination work between the Maritime Inspection Department, specialized departments of the Vietnam Maritime Administration, and maritime port inspection units in performing specialized maritime inspection tasks and authorities.

Article 8. Coordination of Activities

1. The Maritime Inspection Department has the responsibility to:

a) Coordinate, manage, monitor, and develop plans for domestic and international training and instruction for inspectors, civil servants, and staff performing inspection and administrative penalty enforcement tasks in the maritime sector;

b) Coordinate with maritime port inspection units in building forces to carry out specialized maritime inspection tasks;

c) Coordinate with other specialized inspection agencies under the Ministry of Transport, other ministries and sectors, and local authorities to address issues related to specialized maritime inspection activities; coordinate with law enforcement agencies in preventing, stopping, and combating violations of the law within the scope of assigned tasks and authorities.

2. Heads of agencies under the Vietnam Maritime Administration have the responsibility to coordinate with the Maritime Inspection Department in developing inspection and supervision plans and organizing their implementation; arrange and create conditions for civil servants and staff under their management who are tasked with performing specialized maritime inspection duties to participate in specialized maritime inspection activities.

3. Maritime port inspection units have the responsibility to coordinate with the Maritime Inspection Department in developing and implementing inspection plans; build specialized maritime inspection forces.

Article 9. Coordination Responsibilities of Organizations and Individuals

1. Agencies within the Transport Industry shall promptly provide complete and accurate information and documents upon request from the Maritime Inspectorate when related to inspection content.

2. Organizations and individuals subject to inspection and those related agencies, organizations, and individuals shall cooperate and collaborate with members of the inspection team, inspectors, and specialized inspection officials during independent inspections and fulfill their responsibilities and authorities as prescribed by laws on inspection.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from December 1, 2013.

2. This Circular replaces Decision No. 70/2005/QĐ-BGTVT dated December 16, 2005 of the Minister of Transport regarding the organization, functions, tasks, and powers of maritime inspection.

Article 11. Responsibility for Implementation

The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Vietnam Maritime Administration, the Director of the Vietnam Maritime Inspection, Directors of Port Authorities, and Heads of relevant organizations and individuals are responsible for implementing this Circular./.