Circular No. 39/2017/TT-BGTVT amends and supplements certain provisions of Circular No. 34/2015/TT-BGTVT on reporting and investigating maritime accidents.

CIRCULAR

Amending and supplementing some articles of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 issued by the Minister of Transport on reporting and investigating maritime accidentsAt the proposal of the Director of the Vietnam Maritime Administration and the Director of the Department of Traffic SafetyThe Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 issued by the Minister of Transport on reporting and investigating maritime accidents

Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the International Convention for Safety of Life at Sea and other international standards and recommendations for marine accident investigation issued by the International Maritime Organization (IMO);

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;

Article 1. Amending and supplementing some articles of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 issued by the Minister of Transport on reporting and investigating maritime accidents

"2. The provisions of this Circular also apply to the investigation of maritime accidents involving government vessels and seaplanes in Vietnamese port waters."

1. A maritime accident is an event directly related to the operation of a ship causing one of the following consequences: death, disappearance, serious injury; collision between ships; severe damage to the structure of the ship; disappearance, sinking, grounding, loss of maneuverability of the ship; severe damage to maritime infrastructure or serious environmental pollution.

1. Amend and supplement Clause 2 of Article 2 as follows:

A maritime accident does not include intentional acts causing harm to people, ships, maritime infrastructure, or the environment.

2. Amend Article 3 as follows:

"Article 3. Explanation of terms

2. A maritime incident is an occurrence directly related to the operation of a ship that is not a maritime accident as stipulated in Clause 1 of this Article, which poses danger, or if not remedied, will pose danger to the safety of the ship, people, or the environment.”

5. In case of a maritime accident causing bodily injury to crew members, the master, owner of the ship, employer, in addition to their obligation to report according to the provisions of this Circular, must promptly and accurately notify the labor inspection authority of the locality where the employer's main office is located.

4. Amending and supplementing Clause 4, Clause 7 of Article 12 as follows:

3. Amend and supplement Clause 5, Article 5 as follows:

"4. During the investigation of a maritime accident, if signs indicating criminal offenses are discovered, the Director of the Port Maritime Office shall notify the competent investigative authority and transfer relevant files, documents, and evidence related to the maritime accident at the request of the investigative authority; before transferring, copies or photocopies of the files and documents must be made for retention to serve the investigation of the maritime accident; the transfer of files, documents, and evidence must be recorded in a handover protocol.

For maritime accidents involving deaths, disappearances, or injuries, the Director of the Port Maritime Office shall notify the competent investigative authority in accordance with the law and transfer relevant files, documents, and evidence related to the maritime accident at the request of the investigative authority; before transferring, copies or photocopies of the files and documents must be made for retention to serve the investigation of the maritime accident; the transfer of files, documents, and evidence must be recorded in a handover protocol.”

7. The Director of the Port Maritime Office may detain a ship for no more than five days to collect evidence for the investigation. If detention exceeds this period in cases of accidents occurring within port waters, it will be decided by the Director of the Vietnam Maritime Administration based on the proposal of the Director of the Port Maritime Office, with an extension period not exceeding five days; in cases of accidents occurring outside port waters, the extension period for detaining the ship will be decided by the Minister of Transport upon the recommendation of the Vietnam Maritime Administration.

Article 14. Investigation team for maritime accidents and members of the investigation team

a) The investigation team for maritime accidents must have a Team Leader directly in charge and at least one Deputy Team Leader assisting the Team Leader, and one member appointed by the Director of the Port Maritime Office within his/her authority; the Vietnam Ship Survey Bureau assigns one qualified surveyor with sufficient expertise, professional qualifications, and experience to participate in the investigation team for maritime accidents;

5. Amending and supplementing Article 14 as follows:

b) In necessary cases, the Director of the Vietnam Maritime Administration decides to mobilize persons with appropriate expertise to join the investigation team for maritime accidents. The Director of the Port Maritime Office bases the decision to establish the investigation team for maritime accidents on the mobilization decision of the Director of the Vietnam Maritime Administration.

1. Marine Accident Investigation Team

2. Members of the investigation team for maritime accidents must meet the following conditions: they are masters, chief engineers, or engineers specializing in controlling ships, operating ship engines, exploiting ship engines, building ships, marine electricity and automatic marine electricity, maritime law, or equivalent professions; they have at least five years of practical experience in their respective fields; and they have attended training courses and professional development programs on investigating maritime accidents.

6. Amending and supplementing Clause 10 of Article 15 as follows:

"10. To compile, verify, analyze, evaluate, and propose conclusions on the causes of maritime accidents. In necessary cases, to propose the Director of the Port Maritime Office to decide to seek opinions from organizations responsible for classification and technical supervision of ships or relevant specialized agencies."

7. Amending and supplementing Clause 1 of Article 16 as follows:

"1. For maritime accidents occurring in Vietnamese port waters, the investigation period shall not exceed sixty days from the date of the maritime accident; for other maritime accidents, the investigation period shall not exceed sixty days from the date of being assigned to investigate the maritime accident."

8. Amending and supplementing Clause 2 of Article 18 as follows:

"2. The maritime administration of the flag state of the vessel, the shipowner, and those managing or operating the ship involved shall not disseminate, publish, or allow access to the Draft Report or any part thereof without the consent of the investigation team for maritime accidents, the Director of the Port Maritime Office, or the Vietnam Maritime Administration."

9. Amending and supplementing Clause 3, Clause 4 of Article 19 as follows:

"3. One set of copies of the file (if required) and two copies of the Report on the investigation of particularly serious maritime accidents shall be sent to the Vietnam Maritime Administration."

9. Amend and supplement Clause 3 and Clause 4 of Article 19 as follows:

“3. A set of copies of the file (if required) and two copies of the Accident Investigation Report related to the investigation of particularly serious accidents shall be sent to the Vietnam Maritime Administration.

4. In case of serious and very serious maritime accidents, the Vietnam Maritime Administration shall send the Ministry of Transport and the International Maritime Organization (IMO) immediately after the conclusion of the maritime accident investigation.

Article 2. Effective Date

This Circular takes effect from January 1, 2018.

Article 3. Implementation Organization

1. The Vietnam Maritime Administration shall be responsible for implementing this Circular.

2. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Directors of the Vietnam Maritime Administration, the Directors of the Vietnam Ship Registry, the Directors of the Vietnam Inland Waterways Administration, the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.