Circular No. 40/2016/TT-BGTVT on the inspection of Vietnamese seagoing vessels

CIRCULAR

activities of calibration, verification, testing marine vessel inspection in Vietnam

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

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

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;

At the proposal of the Director of the Science and Technology Department and the Director of the Vietnam Vehicle Inspection Agency;

The Minister of Transport issues this Circular to regulate matters concerning marine vessel inspection in Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates the work of marine vessel inspection for Vietnamese-flagged vessels, government service vessels, submarines, and diving vessels.

2. Marine vessels serving national defense and security purposes and fishing vessels are not subject to the provisions of this Circular.

Article 2. Applicability

This Circular applies to organizations and individuals related to the work of marine vessel inspection in Vietnam.

Article 3. Explanation of Terms

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

1. Marine vessel company (enterprise) is the owner of the marine vessel or the organization that fulfills all obligations and responsibilities as prescribed by the International Safety Management Code (ISM Code) of the International Maritime Organization (IMO).

2. Marine vessel design is a technical dossier established in accordance with national technical regulations and relevant international treaties to which the Socialist Republic of Vietnam is a party, for the construction, conversion, repair, and operation of marine vessels.

3. Marine vessel guidance material is documentation established in accordance with national technical regulations and relevant international treaties to which the Socialist Republic of Vietnam is a party, for use on marine vessels to guide crew members in operating and maintaining marine vessels and their equipment in compliance with maritime safety, maritime security, seafarers' working conditions, and pollution prevention requirements.

4. Assessment is an activity including reviewing documents and conducting practical inspections to confirm that the management system of the entity being assessed is established and implemented in accordance with Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a party.

5. International route is the voyage of a marine vessel from a Vietnamese port to a foreign port or vice versa, or between two foreign ports.

Marine vessel design review is the examination and scrutiny of the marine vessel design to conclude whether the design complies with national technical standards on classification and construction of marine vessels, measurement of vessel tonnage, marine vessel safety equipment, cargo handling equipment on board, pollution prevention systems of marine vessels, and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Marine vessel guidance material approval is the examination and scrutiny to confirm that the guidance material complies with legal provisions, national technical standards, and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Container is a container as defined in Clause 1, Article II of the International Convention for Safe Containers (CSC) of 1972 of the IMO.

Article 4. Contents of ship registration work

1. Approve guiding documents for ships.

2. Examine ship designs.

3. Inspect, classify and issue technical safety certificates and environmental pollution prevention certificates for ships during new construction, conversion, repair, importation, and operation.

4. Evaluate and issue certificates of safety management, maritime security management, and seafarers' labor conditions for ships according to the International Safety Management Code (ISM Code), the International Ship and Port Facility Security Code (ISPS Code), and the Maritime Labour Convention 2006 (MLC 2006).

5. Survey the technical condition of ships for purposes of purchase, sale, leasing, accident investigation, and casualty investigation at the request of state agencies, ship owners, insurance buyers, sellers, and lessees.

6. Inspect and certify the quality of technical safety and environmental pollution prevention for containers, machines, materials, and equipment used on ships during manufacturing, assembly, importation, repair, and conversion.

7. Assess and recognize shipbuilding facilities that meet the requirements for new construction, conversion, and repair; assess and certify the capabilities of testing facilities, inspection service providers, and safety equipment testing facilities related to ship technical safety quality and environmental pollution prevention.

8. Evaluate and issue certificates of compliance for shipping companies according to the International Safety Management Code (ISM Code).

9. Issue certificates of training for ship company safety managers, security officers, and ship security officers according to the International Safety Management Code (ISM Code) and the International Ship and Port Facility Security Code (ISPS Code).

10. Issue welding certificates according to national technical standards for ship classification and construction.

1. Types of ship inspections include:

a) Initial inspection, including: technical inspection of newly built ships and imported ships.

b) Periodic inspection, including: regular inspection, intermediate inspection, dock inspection, annual inspection.

c) Special inspection.

2. The contents and deadlines for types of ship inspections are stipulated in national technical standards for ship classification and construction, ship tonnage measurement, ship safety equipment, cargo handling equipment, ship pollution prevention systems, and relevant international treaties to which the Socialist Republic of Vietnam is a member.

Article 6. Registration files issued to ships

1. Ships not operating on international routes are issued registration files according to Vietnamese law.

2. Ships operating on international routes are issued registration files according to Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a member.

3. Registration files issued to ships include:

a) Certificates as prescribed by the Minister of Transport regarding the List of Certificates and Documents of Ships, Public Service Ships, Submarines, and Diving Vessels of Vietnam, and relevant international treaties to which the Socialist Republic of Vietnam is a member.

b) Inspection reports issued upon actual ship inspections.

Article 7. Price, Fee, Registration Fee for Vessel Inspection

2. Organizations and individuals requesting foreign vessel inspection organizations authorized to conduct vessel inspection, classification, and issue safety and technical certificates and pollution prevention certificates for ships shall be responsible for paying the service inspection costs according to the regulations of the authorized foreign vessel inspection organization.

Chapter II

APPROVAL OF GUIDANCE DOCUMENTS AND REVIEW OF VESSEL DESIGN

Article 8. Approval of Guidance Documents for Ships

1. Guidance documents for ships must comply with relevant provisions of national technical standards on ship classification and construction, ship safety equipment, and ship pollution prevention systems. Additionally, for international route ships, they must also meet international conventions applicable to ships concerning maritime safety, maritime security, seafarer labor conditions, and pollution prevention that the Socialist Republic of Vietnam is a member of.

2. The application dossier for approval of guidance documents for ships includes:

a) One Application Form No. 01 attached as an Appendix to this Circular;

b) Three copies of the guidance documents.

3. Organizations and individuals must complete one set of application dossiers in accordance with the regulations and submit them directly, through postal services, or by other appropriate means to the Vietnam Marine Registry.

4. The Vietnam Marine Registry will accept the dossiers, check the components of the dossiers: if the dossiers are incomplete, it will guide organizations and individuals to complete them immediately on the same working day (if submitted directly); or guide completion within two working days from the date of receipt of the dossiers for cases submitted through postal services and other appropriate means; if the dossiers are complete, it will schedule the time to return the results.

5. Within three working days from the date of receiving all dossiers, the Vietnam Marine Registry will inspect and review the guidance documents; if they do not meet the requirements, it will inform organizations and individuals; if they meet the requirements, it will affix the stamp confirming the approval of the guidance documents.

6. Organizations and individuals requesting the approval of guidance documents for ships can collect the results directly at the Vietnam Marine Registry or through postal services or other appropriate means.

Article 9. Review of Ship Designs

1. Ship designs must comply with the provisions of national technical standards on ship classification and construction, ship tonnage measurement, ship safety equipment, ship crane equipment, and ship pollution prevention systems. Additionally, international route ships must also comply with international conventions applicable to ships concerning maritime safety, maritime security, seafarer labor conditions, and pollution prevention that the Socialist Republic of Vietnam is a member of.

a) One Application Form No. 02 attached as an Appendix to this Circular;

b) Three sets of design drawings.

4. The Vietnam Marine Registry will accept the dossiers, check the components of the dossiers: if the dossiers are incomplete, it will guide organizations and individuals to complete them immediately on the same working day (if submitted directly); or guide completion within two working days from the date of receipt of the dossiers for cases submitted through postal services and other appropriate means; if the dossiers are complete, it will schedule the time to return the results.

6. Organizations and individuals requesting the review of ship designs can collect the results directly at the Vietnam Marine Registry or through postal services or other appropriate means.

Chapter III

INSPECTION AND ISSUE OF REGISTRATION DOCUMENTS FOR SHIPS

Article 10. Inspection and Issuance of Ship Registration Files for Seagoing Vessels

1. Vietnamese seagoing vessels to be issued ship registration files must comply with national technical standards on classification and construction of seagoing vessels, measurement of vessel tonnage, safety equipment on seagoing vessels, lifting equipment used on seagoing vessels, and seagoing vessel pollution prevention systems. Additionally, seagoing vessels operating international routes must also meet international conventions applicable to seagoing vessels regarding maritime safety, maritime security, maritime labor conditions, and environmental pollution prevention, to which the Socialist Republic of Vietnam is a member.

For imported seagoing vessels, the Vietnam Marine Registry issues a document confirming the technical status of the seagoing vessel after the initial inspection is completed and meets the requirements.

Chapter IV

EVALUATION AND ISSUANCE OF CERTIFICATES FOR SHIPPING COMPANIES AND SEAGOING VESSELS UNDER THE ISM CODE

Article 11. Evaluation and Issuance of Compliance Certificates for Shipping Companies under the ISM Code

1. The safety management system of shipping companies must comply with the provisions of national technical standards on safety management and pollution prevention in seagoing vessel operation and the ISM Code.

a) One (1) application form according to Model No. 04 attached as an appendix to this Circular;

b) One (1) set of documentation of the safety management system of the shipping company (for temporary or initial assessment);

c) One (1) copy of documentation proving ownership or management, leasing of bare vessels, and commitment to fulfill all obligations and responsibilities as stipulated by the ISM Code if the company is not the owner of the seagoing vessel (for temporary or initial assessment).

Article 12. Evaluation and Issuance of Safety Management Certificate for Ships under the ISM Code

Clause 1. The ship safety management system must comply with the national technical regulations on ship safety management and pollution prevention during operation and the ISM Code.

Point a) One (1) application form according to Form No. 05 attached to this Circular;

Chapter V

DELEGATION TO FOREIGN REGISTRY ORGANIZATIONS FOR INSPECTION, CLASSIFICATION AND ISSUANCE OF TECHNICAL SAFETY CERTIFICATES AND ENVIRONMENTAL POLLUTION PREVENTION FOR SHIPS CLASSIFICATION AND ISSUE OF TECHNICAL SAFETY CERTIFICATES AND ENVIRONMENTAL POLLUTION PREVENTION CERTIFICATES FOR SHIPSISSUE OF INSPECTION AND TESTING SERVICES FOR SAFETY EQUIPMENT AND FACILITIES RELATED TO TECHNICAL SAFETY QUALITY, ENVIRONMENTAL POLLUTION PREVENTION FOR SHIPS

Clause 1. The Minister of Transport assigns the Director of the Vietnam Ship Registry to delegate foreign registry organizations to inspect, classify and issue technical safety certificates and environmental pollution prevention certificates for Vietnamese ships operating international routes.

Clause 2. When necessary, the ship owner may request the Director of the Vietnam Ship Registry to delegate a foreign registry organization to inspect and classify Vietnamese ships operating international routes according to the standards and regulations of the delegated foreign registry organization, provided that the quality, technical safety, and environmental pollution prevention requirements of these standards and regulations are not lower than those of the national technical regulations of Vietnam and related international treaties to which the Socialist Republic of Vietnam is a party.

The delegated foreign registry organization must be assessed by the Vietnam Ship Registry as compliant with the Organization of Surveyors Law (RO Law) of the IMO and must sign an agreement with the Vietnam Ship Registry according to the RO Law. The Vietnam Ship Registry informs the IMO to publish the list of delegated foreign registry organizations on its website.

Clause 4. The delegation to foreign registry organizations for inspection, classification and issuance of certificates for ships shall be carried out according to one or more of the following contents:

Point a) Inspection and issuance of classification certificates according to the standards of the delegated foreign registry organization;

Point b) Inspection and issuance of technical safety and environmental pollution prevention certificates according to Vietnamese national technical regulations and laws;

Point c) Inspection and issuance of technical safety and environmental pollution prevention certificates according to international treaties to which the Socialist Republic of Vietnam is a party.

1. The application dossier for authorization includes:

a) One Application Form according to Model No. 06 attached hereto;

b) One copy of the Certificate of Registration of Vietnamese Seagoing Vessels for vessels registering for the first time under the flag of Vietnam.

2. Organizations and individuals shall complete one set of dossier in accordance with the regulations and submit it directly or through the postal system or by other appropriate means to the Vietnam Marine Registry.

3. The Vietnam Marine Registry will accept the dossier and check its components: if the dossier is incomplete, it will guide organizations and individuals to complete it on the same working day (if submitted directly); or guide completion within two working days from the date of receipt of the dossier for cases submitted through the postal system and other appropriate means; if the dossier is complete, it will schedule the issuance of the result.

4. The Vietnam Marine Registry will examine the dossier: if it does not meet the requirements, it will notify organizations and individuals; if it meets the requirements, it will issue the authorization document for foreign inspection organizations according to Model No. 07 stipulated in the Appendix attached hereto within one working day from the date of receiving a complete and valid dossier.

5. Organizations and individuals requesting authorization may collect the results directly at the Vietnam Marine Registry or through the postal system or other appropriate means.

Chapter VI

EVALUATION AND CERTIFICATION OF CAPABILITY OF TESTING FACILITIES AND SERVICE PROVIDERS FOR SAFETY EQUIPMENT INSPECTION AND TESTING AND SHIPBUILDING FACILITIES RELATED TO TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL POLLUTION PREVENTION ON SEAGOING VESSELSENVIRONMENTAL POLLUTION PREVENTION FOR CONTAINERS, MACHINERY, MATERIALS, AND EQUIPMENT USED IN SHIPSCOMPANY SHIPPING SAFETY LICENSE AND WELDER CERTIFICATEPREVENTION OF MARINE ENVIRONMENTAL POLLUTION BY SHIPS

Article 15. Evaluation and Certification of Capability of Testing Facilities and Service Providers for Safety Equipment Inspection and Testing and Shipbuilding Facilities Related to Technical Safety Quality and Environmental Pollution Prevention on Seagoing Vessels

1. Testing facilities, service providers for safety equipment inspection and testing, and shipbuilding facilities related to technical safety quality and environmental pollution prevention on seagoing vessels must comply with relevant national technical standards concerning classification and construction of seagoing vessels, safety equipment on seagoing vessels, lifting equipment used on seagoing vessels, and seagoing vessel pollution prevention systems. Additionally, testing facilities, service providers for safety equipment inspection and testing, and shipbuilding facilities related to technical safety quality and environmental pollution prevention on seagoing vessels operating internationally must also comply with international conventions on maritime safety, maritime security, maritime labor conditions, and environmental pollution prevention to which the Socialist Republic of Vietnam is a member.

a) One Application Form according to Model No. 08 attached hereto;

b) One set of documentation (copy) including quality manuals and work procedures in accordance with national technical standards and related international conventions to which the Socialist Republic of Vietnam is a member.

Within three working days from the date of receipt of the dossier, if the dossier is not compliant, the Vietnam Marine Registry will guide organizations and individuals to complete the dossier in accordance with the regulations; if the dossier is compliant, it will respond in writing and agree on the time for on-site evaluation at the facility within no more than five days from the agreed date.

If the evaluation results do not meet the requirements, the Vietnam Marine Registry must send a document to the facility detailing the reasons for non-compliance within one working day from the date of completion of the on-site evaluation.

Chapter VII

INSPECTION AND CERTIFICATION OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL POLLUTION PREVENTION FOR CONTAINERS, MACHINERY, MATERIALS, AND EQUIPMENT USED ON SEAGOING VESSELSAND PREVENTION OF ENVIRONMENTAL POLLUTION FOR CONTAINERS, MACHINERY, AND MATERIALS, EQUIPMENT USED ON SHIPSSAFETY MANAGEMENT OF MARINE SHIPPING COMPANIES AND WELDER CERTIFICATES

Article 16. Inspection and certification of quality, safety technical standards, and environmental pollution prevention for containers, machines, materials, and equipment used in shipbuilding, assembly, importation, repair, restoration, and conversion.

Clause 1. Containers, machines, materials, and equipment used on ships during shipbuilding, assembly, importation, repair, restoration, and conversion must comply with national technical regulations concerning container safety, ship classification and construction, ship safety equipment, crane equipment on ships, and ship pollution prevention systems. Additionally, containers, machines, and equipment used on international route ships must also meet international conventions on maritime safety, maritime security, seafarer labor conditions, and environmental pollution prevention to which the Socialist Republic of Vietnam is a member.

Point a) One Application Form according to Model No. 09 attached as an Appendix to this Circular;

Point b) One set of technical documentation (original), including technical specifications and reports on inspections and tests of containers, machines, materials, and equipment.

Chapter VIII

ISSUE LICENSE FOR PROFESSIONAL TRAINING OF COMPANY SHIP SAFETY MANAGEMENT STAFF AND WELDER CERTIFICATE||| SAFETY MANAGEMENT OF MARINE SHIPPING COMPANIES AND WELDER CERTIFICATES

Article 17. Procedures for issuing a professional training license for company ship safety management staff

Clause 1. Individuals who are granted a professional training license for company ship safety management staff must complete a professional training course for company ship safety management staff with satisfactory final examination results.

Clause 2. The application dossier for issuing a professional training license for company ship safety management staff includes:

Point b) One color photograph measuring 4 x 6 cm of the applicant for the professional training license for company ship safety management staff taken within six months (the back of the photograph has the applicant's name, date of birth recorded);

Article 18. Procedures for Issuing Welder Certificates

1. Welders who are to be issued certificates must comply with the national technical standards on classification and shipbuilding.

2. The application dossier for issuing welder certificates shall include:

Chapter IX

INSPECTION OF GOVERNMENT SHIPS, SUBMARINES, AND DIVE VESSELS

Article 19. Inspection of Government Ships, Submarines, and Dive Vessels

1. The content of inspection for government ships, submarines, and dive vessels includes the provisions set out in Clauses 1, 2, 3, 5, 6, 7, and Clause 10 of Article 4 of this Circular.

2. The work of inspecting government ships, submarines, and dive vessels shall be carried out in accordance with the provisions of Articles 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, and 18 of this Circular.

Chapter X

IMPLEMENTATION

Article 20. Responsibilities of the Vietnam Maritime Administration

1. To perform the function of organizing maritime inspection in Vietnam; to establish a unified inspection system nationwide to implement ship inspection activities in accordance with the provisions of this Circular.

2. To develop and submit to the Minister of Transport for promulgation and implementation of national technical standards on safety technology, environmental pollution prevention, maritime safety, maritime security, and labor conditions related to ships.

3. To develop and submit to the Minister of Transport for promulgation of inspection officer and assessment officer standards for ships; to organize professional training, evaluation, and recognition of ship inspection officers and assessment officers in accordance with the regulations of the Minister of Transport.

4. To delegate authority, provide guidance, and supervise foreign inspection organizations in conducting inspections, classifications, and issuing safety technology and environmental pollution prevention certificates for Vietnamese ships operating on international routes.

5. To carry out inspections of ships specified in Clause 2 of Article 1 of this Circular upon request of competent state agencies.

6. To deploy information technology applications in ship inspection activities and related data management; to report on the implementation of ship inspection activities in accordance with regulations.

1. Conducting inspections, classification, and issuing safety and technical standards certificates and pollution prevention certificates for ships according to the authorization granted, in accordance with Vietnamese laws, relevant international treaties to which the Socialist Republic of Vietnam is a member, and bearing responsibility for the results of their inspections, classifications, and issuance of certificates.

2. Implementing information exchange and reporting systems as agreed upon with the Vietnam Ship Inspection Bureau.

3. Adhering to other provisions of Vietnamese law.

Article 22. Responsibilities of ship owners, design bases, new construction, conversion, repair facilities, testing bases, service providers for equipment safety testing, and manufacturing bases related to ship safety and technical quality and pollution prevention

1. Ship owners shall be responsible for complying with ship inspection regulations when ships are newly built, imported, converted, repaired, and during operation; ensuring the technical safety, maritime security, seafaring working conditions, and pollution prevention status of ships between two inspection periods as stipulated by law and relevant international treaties to which the Socialist Republic of Vietnam is a member.

2. Design bases, new construction, conversion, repair facilities, testing bases, service providers for equipment safety testing, and manufacturing bases related to ship safety and technical quality and pollution prevention must comply with the relevant provisions concerning ship inspection work as set forth in this Circular.

Chapter XI

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Circular takes effect from July 1, 2017.

2. The following consolidated documents are abolished:

a) Decision No. 51/2005/QD-BGTVT dated October 12, 2005, issued by the Minister of Transport promulgating Regulations on Ship Inspection in Vietnam.

b) Circular No. 32/2011/TT-BGTVT dated April 19, 2011, issued by the Minister of Transport amending and supplementing certain articles of the Regulations on Ship Inspection in Vietnam promulgated together with Decision No. 51/2005/QD-BGTVT dated October 12, 2005, issued by the Minister of Transport.

Article 24. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Ship Inspection Bureau, Heads of agencies and units under the Ministry of Transport, relevant organizations and individuals are responsible for implementing this Circular./.