Circular No. 40/2010/TT-BGTVT on traffic regulation, control, and prevention of drifting in inland waterways

CIRCULAR

Regulations on traffic control and prevention of drifting in inland waterways

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Pursuant to the Law on Inland Waterway Traffic dated June 24, 2004;

Pursuant to the Government Decree No. 21/2005/NĐ-CP dated March 1, 2005 detailing and guiding implementation of certain provisions of the Law on Inland Waterway Traffic;

Pursuant to the Government Decree No. 51/2008/NĐ-CP dated April 22, 2008 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby promulgates regulations on traffic control and prevention of drifting in inland waterways as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates regulations on traffic control and prevention of drifting in inland waterways.

Article 2. This Circular applies to organizations and individuals, both domestic and foreign, related to activities of traffic control and prevention of drifting in inland waterways.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Traffic Control and Regulationrefers to organizing and guiding vessels to navigate in adverse situations to ensure safety and reduce traffic congestion.

2. Prevention of Driftinginvolves implementing technical measures to prevent collisions with structures.

3. Rescuerefers to the activity of rescuing vessels and property from danger or providing assistance (including towing and pushing) to vessels in danger through the conclusion of rescue contracts or agreements between the rescue organizations or individuals and those requesting rescue.

4. Emergency Responseincludes activities to save people in danger from threats to their lives, including initial medical treatment and other measures to bring the victims to a safe location.

Article 3. Cases for Traffic Control and Regulation, and Prevention of Drifting

Clause 1. Traffic control and regulation are regularly implemented on inland waterway routes with many continuous bends limiting visibility; on inland waterway routes with bridges and culverts having passage dimensions and clear heights below the corresponding technical standards; and at ship locks.

Clause 2. Traffic control and regulation, and prevention of drifting during construction, repair of works on inland waterways, resource exploitation, salvage, and removal of obstacles affecting the safety of inland waterway traffic operations.

Clause 3. Traffic control and regulation, and prevention of drifting in emergency situations when any of the following adverse factors affect the safety of inland waterway works and traffic activities, including:

Point a. Occurrence of inland waterway traffic accidents;

Point b. Passage through areas with low water levels not meeting the required technical standards;

Point c. During typhoon, flood, natural disaster prevention activities; sports events, festivals, exercises, or national defense security assurance activities;

Point d. Upon orders from competent state authorities.

Clause 4. Combined traffic control and regulation with prevention of drifting at bridge and culvert locations with passage dimensions and clear heights below the corresponding technical standards during typhoon and flood seasons; and in areas with unstable currents where surface flow velocity is ≥ 5 meters/second.

Article 4. Measures for organizing traffic regulation, control, and collision prevention work

Depending on the limitations of inland waterways, traffic regulation, control, and collision prevention work shall be organized using appropriate measures as follows:

1. By means of inland waterway signals when the width of the ship channel is limited to ≤ 2/3 of the channel width with the length of the ship channel being limited to ≤ 200 meters;

2. By means of one traffic regulation and control station when the width of the ship channel is limited to ≤ 2/3 of the channel width with the length of the ship channel being limited > 200 meters and < 500 meters;

3. By means of two traffic regulation and control stations when:

a) The width of the ship channel is limited to ≤ 2/3 of the channel width with the length of the ship channel being limited ≥ 500 meters;

b) The width of the ship channel is limited to ≤ 2/3 of the channel width with the clearance height of structures crossing the river being limited to ≤ 2/3 of the specified clearance height;

4. By means of two traffic regulation and control stations and adding one central traffic regulation and control station in cases where construction projects within the ship channel have a construction period exceeding 5 days.

Chapter II

CONTENT AND TECHNICAL REQUIREMENTS FOR TRAFFIC REGULATION AND CONTROL WORK TO ENSURE TRAFFIC AND PREVENT COLLISIONS

Article 5. Content of traffic regulation and control work

1. Deploying vessels, equipment, personnel, and signaling systems according to the approved plan by the competent authority.

2. Managing and maintaining the signaling system for regulation according to regulations.

3. Guiding vessels to navigate, stop, and moor in accordance with the established rules for passing through the regulated area.

4. Controlling, preventing, and handling violations of traffic rules that cause disorder and safety issues in the regulated area.

5. Rescuing and providing assistance in case of accidents, emergencies, and situations posing risks to safety in the regulated area.

6. Announcing the rules for passage to vessels passing through the regulated area.

7. Recording logs and reports as required.

Article 6. Technical requirements for traffic regulation and control work

1. Traffic regulation and control stations must be convenient for operation, easily visible, not obstructed from view, and located at designated positions as follows:

a) A traffic regulation and control station upstream should be placed no more than 800 meters away from the regulated area;

b) A traffic regulation and control station downstream should be placed no more than 500 meters away from the regulated area;

c) A central traffic regulation and control station should be placed no more than 200 meters away from the construction site downstream;

2. Signaling for traffic regulation and control:

a) Shore signaling at a traffic regulation and control station includes:

b) Underwater signaling:

- If the regulated area is entirely within the channel, at least four buoys marking the limits of the ship channel must be arranged;

- If the regulated area is within one side of the channel, at least two buoys marking the limits of the navigable waters or two buoys marking the limits of the ship channel must be arranged;

c) Signaling arrangements should be adjusted to fit the actual channel conditions to guide vessels safely through the regulated area:

- Notification signals (including warning signals for unexpected danger, prohibition signals for overtaking, signals for restricted clearance height, signals for restricted depth, signals for mandatory towing, prohibition signals for stopping, prohibition signals for reversing, and signals for restricted width) should be placed on poles on shore at the location of the upstream or downstream station. The first signal should be at least 500 meters away from the regulated area in both upstream and downstream directions;

- Permission signals for mooring should be placed on shore at the midpoint of the water area reserved for vessels waiting to open the channel (if shore signals cannot be arranged, then limit buoys for the water area should be used);

- Control signals and light signals should be placed on poles at the upstream and downstream stations;

- The installation sequence of notification signals should be as follows: warning signal for unexpected danger, signal for mandatory towing, prohibition signal for stopping, prohibition signal for overtaking, signal for restricted clearance height, signal for restricted depth, and signal for restricted width;

- The minimum distance between poles carrying notification signals should be 5 meters;

- On routes operating 24 hours a day, all signals must have light signals as required.

3. Means of transportation and personnel for traffic regulation and control:

a) For vessels: Each station should be equipped with at least one boat with a power output of 33-90 horsepower (HP) and at least one high-speed boat with a power output of 25-40 HP;

b) For personnel:

- Personnel on board should be assigned according to current regulations.

- The minimum number of personnel for regulation should be as follows:

+ Traffic regulation commander (rank 4-5): 1 person per shift;

+ Station staff (rank 3-5): 2 persons per shift;

+ Supporting personnel at each station (when necessary): 1 person per shift.

c) Other tools and equipment:

Other tools and equipment for one station should include:

Article 7. Contents of Drift Prevention Work

1. Deploying equipment, devices, and personnel for drift prevention, rescue, and emergency response according to approved plans.

2. Organizing rescue and supporting vessels that are unable to pass through the drift prevention area when requested or when there is a risk of safety incidents.

3. Organizing emergency response or coordinating with other forces to provide emergency response when accidents occur.

4. Notifying vessels passing through about the location, form, contact address, and functions of the drift prevention, rescue, and emergency response station.

5. Recording logs and reports as prescribed.

Article 8. Technical Requirements for Drift Prevention Work

1. Continuous Anti-Collision Station

a) The drift prevention station shall be located on the same side as the traffic control and regulation station placed upstream.

b) In cases where drift prevention does not combine with traffic control and regulation, the station shall be placed upstream of the construction site not exceeding 300 meters.

2. Continuous Anti-Collision Warning Signals

a) In cases where drift prevention combines with traffic control and regulation, the signaling system according to the traffic control and regulation plan already exists.

b) In cases where drift prevention is independent, the signaling system shall be adjusted to suit the actual channel conditions.

- Signaling notification shall be installed on poles placed on the outer bank at a distance from the drift prevention station not exceeding 800 meters (upstream) and 500 meters (downstream).

- Signaling for anchoring and mooring shall be arranged on the bank at the midpoint of the water area designated for vessel anchorage and waiting (if signaling cannot be installed on the bank, buoys shall be used to mark the water area).

- The installation sequence of signaling notifications shall be as follows: guidance signals, prohibition signals, restriction signals, and towing regulations signals.

3. Equipment and Personnel for Drift Prevention

a) Equipment:

- Each drift prevention station shall have at least one boat with a power of 150-250 horsepower (HP) and at least one high-speed boat with a power of 25-40 HP.

- In complex and dangerous channels with high vessel density, additional boats and high-speed boats with larger power and floating cranes of ≥ 40 tons equipped with diving gear may be deployed for rescue operations when vessels encounter accidents.

b) Personnel on Equipment:

Personnel on equipment shall be assigned according to current regulations, including at least the following for drift prevention personnel:

- Chief of drift prevention duty (ranked as a fourth or fifth-grade worker): 1 person per shift.

- Drift prevention duty personnel (ranked as a third-grade worker): 3 persons per shift.

c) Other tools and equipment for one station shall include:

2. The Vietnam Inland Waterways Administration shall direct, inspect, and urge the handling of consequences when vessels sink on national inland waterways.

3. The Department of Transport shall direct, inspect, and urge the handling of consequences when vessels sink on local inland waterways.

4. Organizations and individuals whose vessels have sunk shall be responsible for salvaging the vessels and clearing obstacles caused by the sinking within the time limit specified by the inland waterway management unit; if they fail to salvage the vessel and clear the obstacles within the specified time, the inland waterway management unit shall carry out the salvage and clearance.

5. Organizations and individuals whose vessels have sunk shall bear all costs of salvaging and clearing obstacles caused by the sinking.

6. During the process of handling consequences of vessel sinking, the inland waterway unit shall regularly report directly to the superior management authority and report to the Ministry of Transport.

AUTHORITY TO APPROVE; SOURCE OF FUNDS FOR TRAFFIC CONTROL AND REGULATION AND DRIFT PREVENTION ON INLAND WATERWAYS

a) Annually, based on the capacity of enterprises and inland waterway management units, the Vietnam Inland Waterways Administration shall submit to the Ministry of Transport for consideration and approval of plans and assignment of tasks to units to implement traffic control and regulation combined with drift prevention on inland waterways in case of sudden flood and disaster prevention and security and defense assurance.

Chapter III

b) The Vietnam Inland Waterways Administration shall consider and approve regular traffic control and regulation plans.

c) The Vietnam Inland Waterways Administration shall consider and approve traffic control and regulation plans in cases of construction and repair of works.

Article 10. Competent Authority for Approval

1. For national inland waterways:

The Department of Transport shall consider and approve plans and assign tasks to units to implement regular traffic control and regulation, traffic control and regulation combined with drift prevention on inland waterways in cases of sudden flood and disaster prevention and security and defense assurance and in cases of construction and repair of works.

b) The Vietnam Inland Waterway Administration shall examine and approve plans for traffic regulation and control to ensure regular navigation.

c) The Vietnam Inland Waterway Administration shall examine and approve plans for traffic regulation and control to ensure navigation during construction and repair of works.

2. For provincial inland waterways:

The Department of Transport shall examine and approve plans, and assign tasks to units responsible for implementing regular traffic regulation and control to ensure navigation, combined with anti-drift measures on inland waterways in emergency situations for typhoon and flood prevention, ensuring security and defense, and during construction and repair of works.

Article 11. Inspection and Supervision Work

1. The Steering Committee for Flood and Storm Prevention and Search and Rescue under the Ministry of Transport shall be responsible for urging and directing the implementation of traffic regulation and control work to ensure traffic flow and anti-drift measures during the storm and flood season, as well as ensuring national defense and security.

2. The Vietnam Inland Waterways Administration shall be responsible for organizing regular inspections, spot checks, and supervision of traffic regulation and control work to ensure traffic flow and anti-drift measures on national inland waterways.

3. The Department of Transport shall be responsible for organizing regular inspections, spot checks, and supervision of traffic regulation and control work to ensure traffic flow and anti-drift measures on local inland waterways.

Article 12. Sources of Funding for Traffic Regulation and Control, and Anti-Drift Measures

1. For regular traffic regulation and control work:

a) Regular traffic regulation and control work on national inland waterways shall utilize the funding from the economic management and maintenance budget for national inland waterways, which is guaranteed by the central government budget.

b) Regular traffic regulation and control work on local inland waterways shall utilize the funding from the economic management and maintenance budget for local inland waterways, which is guaranteed by the local government budget.

2. For traffic regulation and control work and anti-drift measures in cases of construction, repair of works, or emergencies: Organizations and individuals conducting construction projects or causing obstructions on inland waterways shall be responsible for paying all costs incurred by organizations and individuals directly involved in traffic regulation and control work and anti-drift measures, except in cases of sudden unclaimed obstructions.

3. For combined traffic regulation and control work and anti-drift measures in emergency situations for storm and flood prevention and natural disasters, the annual storm and flood prevention funds provided by the state shall be utilized.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular shall take effect 45 days from the date of issuance.

Article 14. Implementation Organization

1. The Director of the Vietnam Inland Waterways Administration and the Director of the Department of Transport shall be responsible for disseminating and guiding subordinate units, organizations, and individuals participating in traffic regulation and control work and anti-drift measures on inland waterways to implement this Circular.

2. The Road Safety Department shall lead and coordinate with the Vietnam Inland Waterways Administration and relevant agencies to organize inspections of the implementation of this Circular.

3. During the implementation process, if there are difficulties or obstacles, they shall report to the Ministry of Transport for review and decision to amend and supplement accordingly./.