Circular No. 36/2021/TT-BGTVT on inland waterway channel survey work

Circular

Regulations on the survey of inland waterway channels

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

          On the basis of Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

          Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021 of the Government stipulating the management of inland waterway transport activities;

          On the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Inland Waterway Administration;

          The Minister of Transport issues this Circular regulating the survey of inland waterway channels.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the survey of inland waterway channels.

Article 2. Applicability

This Circular applies to organizations and individuals related to the survey of inland waterway channels.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. The width of an inland waterway channel is the size measured across the bottom of the channel at its cross-section and is determined according to the current technical grade of the inland waterway channel.

2. An inland waterway route is one or more inland waterway channels specifically defined with starting and ending points.

Chapter II
SURVEY OF INLAND WATERWAY CHANNELS

Article 4. Classification of the survey of inland waterway channels

1. Regular survey of inland waterway channels is the work of surveying inland waterway channels carried out during the regular inspection of inland waterway routes.

2. Periodic survey of inland waterway channels is the work of surveying inland waterway channels at a specified frequency.

3. Emergency survey of inland waterway channels is the work of surveying inland waterway channels when unexpected situations occur within the channels or within the protected areas of the channels that pose a risk to inland waterway transport safety.

Article 5. Scope of survey and scale of survey maps for inland waterway channels

1. Scope of survey of inland waterway channels

a) The scope of regular survey of inland waterway channels is conducted within the channel area (along the centerline of the channel) and the shallow bank areas included in the channel management files;

b) The scope of periodic survey of inland waterway channels includes the width of the channel and the protected area of the channel on both sides but does not exceed the riverbank, canal, creek, lake, pond, reservoir, bay, or inlet boundaries;

c) The scope of emergency survey of inland waterway channels is conducted within the area where unexpected situations occur on the channels and their protected areas. For new channels arising from unexpected situations, the survey scope width shall not exceed three times the channel width and shall not exceed the riverbank, canal, creek, lake, pond, reservoir, bay, or inlet boundaries. The survey scope length is the length of the newly generated channel.

2. Scale of survey maps for inland waterway channels

a) The scale of survey maps for inland waterway channels includes scales of 1:1,000; 1:2,000; and 1:5,000;

b) The scale of survey maps 1:1,000 is applied to the emergency survey of inland waterway channels. In cases where unexpected situations generate new channels, the scale of survey maps is applied to the survey scope width as prescribed in point c, point d, and point đ of this clause;

c) The scale of survey maps 1:1,000 is applied to the survey scope width up to 50 meters;

d) The scale of survey maps 1:2,000 is applied to the survey scope width from over 50 meters to 300 meters;

đ) The scale of survey maps 1:5,000 is applied to the survey scope width from over 300 meters and above.

Article 6. Frequency of regular surveys for inland waterway routes

1. The frequency of regular surveys for national inland waterway routes shall be determined based on the following main criteria:

a) Type of inland waterway serving management purposes;

b) Role of the inland waterway route in inland waterway transport;

c) Actual load capacity of vessels operating on the inland waterway route;

d) Technical grade of the inland waterway route.

2. Determining the frequency of regular surveys for national inland waterway routes shall be done through a scoring method. The evaluation scale is 100 points, specifically defined according to the main criteria stipulated in the Appendix issued together with this Circular.

3. The frequency of regular surveys for national inland waterway routes includes:

a) Survey once every year for routes with a total score of 85 points or higher;

b) Survey once every three years for routes with a total score ranging from 70 to under 85 points;

c) Survey once every five years for routes with a total score below 70 points;

d) Survey more than once every five years for national inland waterway routes that meet the criteria specified in points a, b, and c of this clause but are located in lake, lagoon, bay, or stable channel areas with significant depth, as decided by the Ministry of Transport upon the proposal of the Vietnam Inland Waterways Administration.

e) Survey less than once a year for other national inland waterway routes or sections thereof in river mouths or areas with significant siltation or erosion. The Vietnam Inland Waterways Administration shall base its decision on the nature, scale, scope, and role of the inland waterway route in inland waterway transport, reporting to the Ministry of Transport for consideration and decision on the survey frequency.

4. For local inland waterway routes, based on the criteria set forth in Clause 1 of this Article, the Department of Transport shall establish evaluation criteria based on actual conditions and submit them to the provincial People's Committee for determination of the frequency of regular surveys for local inland waterway routes.

5. For dedicated inland waterway routes, organizations or individuals with dedicated inland waterway routes shall determine the survey frequency, but it shall not exceed once every five years.

6. For port water areas, the Vietnam Inland Waterways Administration and the Department of Transport within their jurisdiction shall decide on the maximum survey frequency of port water areas not exceeding once every five years and instruct the port authorities to organize surveys of port water areas to ensure safety for vessels entering and leaving the port.

7. Every five years, in the third quarter of the final year of each period or based on actual needs, the Vietnam Inland Waterways Administration shall update, supplement, and compile the list of frequencies for regular surveys of national inland waterway routes for the next period and submit it to the Ministry of Transport for publication. The dossier for submitting the survey schedule includes:

a) A request for publication of the survey schedule for inland waterway routes;

b) The survey schedule for inland waterway routes, including: route name (section), map scale, survey frequency;

c) The evaluation and scoring table determining the survey frequency as prescribed in Clause 3 of this Article;

d) Other related contents (if any).

Article 7. Requirements and contents of inland waterway channel survey work

1. General requirements for inland waterway channel survey work

a) The survey tasks and technical survey schemes must be established in accordance with the current technical type and level of the inland waterway channel, and the type of survey.

b) The technical survey scheme must meet the requirements of the survey task and comply with the construction survey standards and technical regulations applicable.

c) The survey work must comply with the survey task and technical survey scheme, ensure safety, protect the environment, meet the requirements of the approved survey task, and be inspected, supervised, and accepted according to regulations.

d) Survey plans on the national coordinate system VN2000, local meridian and the national coordinate system VN2000, national meridian.

đ) Periodic survey: plan showing coordinates, bottom depth of the inland waterway channel, channel range, channel centerline, and channel protection zone, mileage and signaling system on the channel (if any); water level at the time of measurement; information about topography, administrative boundaries, place names, inland waterway structures within the channel.

e) For emergency surveys: survey plan showing coordinates, depths within the survey range, channel centerline, mileage, and related information within the survey range; water level at the time of measurement.

g) For regular surveys: survey plan showing channel depth in areas with shoals and obstructions; water level at the time of survey; changes in inland waterway signaling systems (if any); other necessary warnings.

2. Contents of periodic and emergency inland waterway channel survey work

a) Survey tasks and establishment of technical survey schemes.

b) Collection and analysis of data and documents.

c) Field survey.

d) Establishment of coordinate and elevation grids; land and underwater topographic surveying.

đ) Hydrographic measurement and observation.

e) Data processing and preparation of survey result reports.

g) Other survey works.

3. The regular channel survey work is carried out in accordance with the standard for regular maintenance of inland waterways.

4. Electronic hydrographic chart construction work is prioritized for channels within the water transport corridor, main transport routes, channels with ship and foreign inland waterway vessel operations, and updated after each periodic survey.

Article 8. Regulations on survey channel documentation

1. The survey tasks and technical survey schemes are approved by the competent authority in accordance with regulations.

2. Comprehensive report on the results of the inland waterway channel topographic survey, including the content of the survey measurement work and the processing of survey data; calculation file for coordinate and elevation grid; detailed statistics of existing structures and inland waterway signaling systems (if any).

3. Construction log of the survey.

4. Water level record book; coordinate and elevation measurement record book.

5. Survey plan.

6. Acceptance documentation of survey results.

7. Data for digitizing survey results.

8. Regular survey documentation is carried out in accordance with the standard for regular maintenance of inland waterways.

9. Related documents.

Article 9. Management and use of survey data

1. Survey data and records shall be preserved and stored by the project investor and the agency responsible for inland waterway route announcements.

2. Survey data and records shall be utilized to serve the work of inland waterway route announcements; management and maintenance of inland waterway routes; updating and monitoring changes in inland waterway routes; digitizing charts (if applicable); and providing survey data and chart databases.

Chapter III
IMPLEMENTING PROVISIONS

Article 10. Effective Date

2. Abolishing Clause 11 of Article 1 of Circular No. 32/2020/TT-BGTVT dated December 14, 2020, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 29/2018/TT-BGTVT dated May 14, 2018, on quality inspection, technical safety, and environmental protection for railway transportation vehicles and Circular No. 31/2018/TT-BGTVT dated May 15, 2018, on the implementation of system safety assessment for urban railways.

2. The Circular No. 19/2016/TT-BGTVT dated June 30, 2016, issued by the Minister of Transport on surveys for managing and announcing inland waterway routes is hereby repealed.

Article 11. Implementation Organization

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport under central cities, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.