Circular No. 34/2020/TT-BGTVT Amending and Supplementing Certain Articles of Circulars on the Regular Reporting System in the Maritime Sector

CIRCULAR

Amending and supplementing certain articles of Circulars regulating the reporting system

in the maritime sector sea

_________

Decree No. Decision No. 12/2017/NĐ-CP December 10, 2017 Government Decree on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Decree No. 09/2019/NĐ-CPPursuant to Decision No. 43/2023/NĐ-CP dated June 30, 2023 of the Government detailing certain provisions and measures for implementing the Inspection Law;

At the proposal of the Director of the Ministry's Office and the Director of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular to amend and supplement certain articles of Circulars regulating the reporting system in the maritime sector.

Article 1. Amending and supplementing certain articles of Circular No. 13/2017/TT-BGTVT dated April 28, 2017 of the Minister of Transport on the professional certificate for ship agency

1. Amending and supplementing Clause 3 of Article 7 as follows:

"3. Annually, training institutions for ship agency shall be responsible for reporting the results of training and certification for ship agency personnel to the Vietnam Maritime Administration, with detailed contents as follows:

a) Report title: Report on the results of training and certification for ship agency personnel;

b) Content required in the report: All relevant information concerning the results of training and certification for ship agency personnel;

c) Method of sending and receiving reports: Reports may be submitted in either paper form or electronic format. Reports shall be sent to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of submitting reports: Annually;

đ) Deadline for submitting reports: No later than December 17 each year;

e) Period for finalizing data for the report: From December 15 of the previous year to December 14 of the reporting year;

g) Report template: As stipulated in Appendix 1 attached hereto."

2. Supplementing Appendix 1 to Circular No. 13/2017/TT-BGTVT dated April 28, 2017 of the Minister of Transport on the professional certificate for ship agency corresponding to Appendix 1 attached hereto.

Article 2. Amending and supplementing certain articles of Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on the maintenance of maritime works

"13. The value added tax taxable amount for electricity production activities of Vietnam Electricity Corporation shall be implemented in accordance with Clause 1, Article 1 of Decree No. 49/2022/NĐ-CP dated July 29, 2022 of the Government."

"10. Management and inspection of the implementation of approved maintenance plans for maritime works:

The Vietnam Maritime Administration shall organize the development and issuance of annual, ad hoc inspection plans and implement inspections of the execution of approved maintenance plans for maritime works by units, and compile and report the results of the implementation of the maintenance plan for maritime works to the Ministry of Transport, with detailed contents as follows:

a) Report title: Report on the results of implementing the maintenance plan for maritime works;

b) Report content: Name of the work, project components implemented; volume and cost of implementation; completion time; adjustments and incidents compared to the assigned plan; assessment of implementation results (according to the approved plan); proposals and recommendations during the implementation of maritime works maintenance;

c) Method of sending and receiving reports: Reports may be submitted in either paper form or electronic format. Reports shall be sent to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of submitting reports: Monthly, quarterly, annually;

đ) Deadline for submitting reports: For monthly periodic reports before the 22nd day of the month within the reporting period. For quarterly periodic reports before the 22nd day of the last month of the quarter within the reporting period. For annual periodic reports before December 22 of the reporting period;

e) Period for finalizing data for the report: For monthly periodic reports from the 15th day of the previous month to the 14th day of the month within the reporting period. For quarterly periodic reports from the 15th day of the previous month of the reporting period to the 14th day of the last month of the quarter within the reporting period. For annual periodic reports from December 15 of the previous year to December 14 of the reporting year;

g) Report template: As stipulated in Model No. 2 of the Appendix attached hereto."

2. Amending and supplementing Article 19 as follows:

"Article 19. Report on the Implementation of Maritime Works Maintenance

1. For maritime works under the management of the Ministry of Transport, the Vietnam Maritime Administration and the managers, operators, and users shall report on the implementation of the maintenance plan for maritime works in accordance with Clause 10, Article 7 of this Circular.

2. For maritime works at level II and above: the owner or the authorized person must report to the Vietnam Maritime Administration on the results of implementing the maintenance of maritime works and the safety of such works. The Vietnam Maritime Administration will compile and report to the Ministry of Transport; for level III and IV maritime works: the owner or the authorized person must submit reports to the Department of Transport where the works are located regarding the results of implementing the maintenance of maritime works and the safety of such works. The Department of Transport will compile and report to the People's Committee of the province. Details of the report are as follows:

a) Name of the report: Report on the Results of Implementing Maintenance and Safety of Maritime Works;

b) Content required in the report: Item of work, time of implementation, method of implementation, adjustment compared to the plan, degree of completion, assessment of the safety of bridges and ports.

c) Method of submitting and receiving the report: The report shall be presented in paper form or electronic form and sent directly, through postal services, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Annually;

đ) Deadline for submission of the report: Before December 17 each year, owners must submit the report to the Vietnam Maritime Administration and the Department of Transport. Before December 22 each year, the Department of Transport must report to the People's Committee of the province, and the Vietnam Maritime Administration must report to the Ministry of Transport;

e) Period for finalizing data for the report: From December 15 of the previous year to December 14 of the reporting year;

g) Template of the report: As stipulated in Model No. 3 of the Appendix issued together with this Circular."

3. Supplement Model No. 3 to the Appendix issued together with Circular No. 52/2017/TT-BGTVT dated December 29, 2017, of the Minister of Transport on the maintenance of maritime works corresponding to Appendix 2 issued together with this Circular.

Article 3. Amending and Supplementing Certain Articles of Circular No. 41/2017/TT-BGTVT dated November 14, 2017, of the Minister of Transport on the Management of Collection and Treatment of Waste from Ships in Port Waters

1. Amend and supplement Clause 3 of Article 9 as follows:

"3. Compile and prepare a report on the situation of managing the collection and treatment of waste from ships in the maritime sector to be submitted to the Ministry of Transport, details of the report as follows:

a) Name of the report: Report on the Situation of Managing the Collection and Treatment of Waste from Ships;

b) Content required in the report: Results of implementing the management of the collection and treatment of waste from ships in the maritime sector;

c) Method of sending and receiving reports: Reports may be submitted in either paper form or electronic format. Reports shall be sent to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of submitting reports: Annually;

đ) Deadline for submission of the report: No later than December 22 each year;

e) Period for finalizing data for the report: From December 15 of the previous year to December 14 of the reporting year;

g) Template of the report: As stipulated in Model No. 4 of Appendix II issued together with this Circular."

2. Amend and supplement Clause 4 of Article 10 as follows:

"4. Compile and prepare a report on the situation of managing the collection and treatment of waste from ships in port waters within the scope of management as prescribed to be submitted to the Vietnam Maritime Administration, details of the report as follows:

a) Name of the report: Report on the Situation of Managing the Collection and Treatment of Waste from Ships;

b) Content required in the report: Results of implementing the management of the collection and treatment of waste from ships in port waters within the scope of management;

c) Method of sending and receiving reports: Reports may be submitted in either paper form or electronic format. Reports shall be sent to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of submitting reports: Annually;

đ) Deadline for submission of the report: No later than December 18 each year;

e) Period for finalizing data for the report: From December 15 of the previous year to December 14 of the reporting year;

g) Template of the report: As stipulated in Model No. 4 of Appendix II issued together with this Circular."

b) For cases prescribed in Points b and d of Clause 2 of Article 6 of this Circular, the Water Resource Management Department shall consider and decide on the establishment of a surprise inspection team. Depending on the severity of the violation signs, to ensure timely prevention and minimize harm caused by the violation, the Water Resource Management Department shall send a document requesting the People's Committee of the province where the violation occurred to organize the inspection and report the results back to the Water Resource Management Department."

"3. Compile and prepare a report on the situation of managing the collection and treatment of waste from ships at ports as prescribed to be submitted to the Marine Port Inspection Authority, details of the report as follows:

a) Name of the report: Report on the Situation of Managing the Collection and Treatment of Waste from Ships;

b) Content required in the report: Results of implementing the management of the collection and treatment of waste from ships at ports;

c) Method of sending and receiving reports: Reports may be submitted in either paper form or electronic format. Reports shall be sent to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

d) Deadline for submission of the report: No later than December 16 each year;

đ) Time for finalizing data for the report: From December 15 of the previous reporting period to December 14 of the current reporting period;

e) Frequency of submission of the report: Annually;

g) Template of the report: As stipulated in Model No. 4 of Appendix II issued together with this Circular."

4. Replace Model No. 4 of Appendix II issued together with Circular No. 41/2017/TT-BGTVT dated November 14, 2017, of the Minister of Transport on the management of the collection and treatment of waste from ships in port waters with Appendix 3 issued together with this Circular.

Article 4. Amend and supplement Article 9 of Circular No. 01/2020/TT-BGTVT dated January 20, 2020 of the Minister of Transport on reporting and investigating maritime accidents

"Article 9. Periodic Reports

The Maritime Port Office must prepare written reports to be sent to the Vietnam Maritime Administration, which will compile them into written reports to be submitted to the Ministry of Transport regarding maritime accidents, with detailed report contents as follows:

1. Report Title: Periodic Report on Maritime Accidents;

2. Content Required for Reporting: Information related to maritime accidents as prescribed in Appendix 3 attached to this Circular;

3. Method of Submission and Receipt of Reports: Reports may be in paper form or electronic form. Reports shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as provided by law;

4. Frequency of Reporting: Semi-annually and annually;

5. Deadline for Submitting Reports: For semi-annual reports, the Maritime Port Office shall submit to the Vietnam Maritime Administration before June 17 each year. The Vietnam Maritime Administration shall submit to the Ministry of Transport before June 22 each year. The semi-annual report at the end of the year shall be replaced by the annual report. For annual reports, the Maritime Port Office shall submit to the Vietnam Maritime Administration before December 17 each year. The Vietnam Maritime Administration shall submit to the Ministry of Transport before December 22 each year;

6. Time Frame for Finalizing Report Data: For semi-annual periodic reports, the period runs from December 15 of the year preceding the reporting period to June 14 of the reporting period. For annual periodic reports, the period runs from December 15 of the year preceding the reporting period to December 14 of the reporting period;

7. Report Format: As prescribed in Appendix 3 attached to this Circular."

Article 5. Implementation Provisions

This Circular takes effect from February 15, 2021.

Article 6. Implementation Organization

The Head of the Ministry's Office, the Inspector General, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Maritime Port Offices, Heads of agencies, units, and individuals concerned are responsible for implementing this Circular.