CIRCULAR

Regulations on the Collection and Reporting of Fuel Consumption of Vietnamese Ships

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

On the basis of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, issued by the Prime Minister, concerning some mechanisms and financial policies for investment projects under the Clean Development Mechanism;

Pursuant to 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 Annex VI of the International Convention for the Prevention of Pollution from Ships as amended and revised (MARPOL Convention) MARPOL);

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

The Minister of Transport issues this Circular on the collection and reporting of fuel consumption of Vietnamese ships

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the collection and reporting of fuel consumption of Vietnamese ships.

2. This Circular does not apply to ships serving solely security and defense purposes.

Article 2. Applicability

This Circular applies to organizations and individuals related to the collection and reporting of fuel consumption of Vietnamese ships (hereinafter referred to as ships).

Article 3. Explanation of Terms

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

1. Fiscal year means the period from January 1 to December 31 of each year.

2. Ship Energy Efficiency Management Plan (SEEMP) refers to the plan established in accordance with Regulation 22 of Annex VI of the MARPOL Convention.

Chapter II

COLLECTION AND REPORTING OF FUEL CONSUMPTION DATA OF SHIPS

Article 4. Plan for Collecting Fuel Consumption Data of Ships

1. The plan for collecting fuel consumption data of ships shall be established according to Model No. 01 of Appendix 2 issued together with this Circular.

2. The method of collecting fuel consumption data of ships shall be carried out according to one of the three methods set forth in Appendix 1 issued together with this Circular.

3. For ships with a gross tonnage of 5,000 or more that operate on international routes using engine propulsion, the plan for collecting fuel consumption data of ships must be integrated into Part II of the SEEMP.

Article 5. Reporting Fuel Consumption Data of Ships

1. From the fiscal year 2019, ship owners must collect and prepare reports on fuel consumption data of each ship for each fiscal year and submit them through the electronic portal of the Vietnam Register (www.vr.org.vn) before February 28 of the following year, as follows:

a) For ships with a gross tonnage of 5,000 or more that operate on international routes using engine propulsion: record information according to Model No. 02 of Appendix 2 issued together with this Circular.

b) For other ships: record information according to Model No. 02 of Appendix 2 issued together with this Circular, except for information on voyage distance, design energy efficiency index, and ice class.

2. In case of change of ship owner, the current ship owner must collect and prepare reports on fuel consumption data of the ship corresponding to the part of the fiscal year during which the ship was still owned by that ship owner according to the model specified in Clause 1 of this Article and submit it through the electronic portal of the Vietnam Register (www.vr.org.vn) before completing the change of ship owner.

3. In case of change of ship registration to a foreign flag, the current ship owner must collect and prepare reports on fuel consumption data of the ship corresponding to the part of the fiscal year during which the ship still flew the Vietnamese flag according to the model specified in Clause 1 of this Article and submit it through the electronic portal of the Vietnam Register (www.vr.org.vn) before completing the change to a foreign flag.

4. In case of simultaneous change of ship registration to a foreign flag and change of ship owner, the collection and preparation of reports on fuel consumption data of the ship shall be carried out in accordance with the provisions of Clause 3 of this Article.

Chapter III

MANAGEMENT OF DATABASE AND REPORTING OF FUEL CONSUMPTION DATA OF SHIPS TO THE MINISTRY OF TRANSPORT AND THE INTERNATIONAL MARITIME ORGANIZATION (IMO)   

Article 6. Principles for Managing and Utilizing Fuel Consumption Databases of Ships

1. The management and exploitation of fuel consumption databases of ships must comply with the provisions of this Circular and other relevant legal regulations.

2. The fuel consumption database of ships shall be exploited to serve purposes such as supporting marine environmental protection work, air environment protection, and serving the state management functions of the Ministry of Transport.

3. Organizations and individuals requiring to use the fuel consumption database of ships for the purposes mentioned in Clause 2 of this Article shall be provided with access account information by the Vietnam Ship Registry.

Article 7. Requirements for Fuel Consumption Databases of Ships

1. The fuel consumption database of ships must be processed and stored from fuel consumption data reports submitted by ship owners to the Vietnam Ship Registry; it must have an appropriate user interface for accessing data through the internet environment; and it must have data export capabilities.

2. The fuel consumption database of ships must be capable of storing data for a minimum period of three consecutive calendar years.

3. The fuel consumption database of ships must ensure data security and data safety.

Article 8. Verification of Fuel Consumption Data Reports of Ships

1. Depending on the method of collecting ship fuel consumption quantities, one of the following documents must be retained for verifying fuel consumption data reports of ships:

a) Fuel delivery receipt (for the method using fuel delivery receipts).

b) Logbook of the fuel flow meter installed on the ship (for the method using a flow meter).

c) Summary of monitored fuel tank data on the ship (for the method monitoring ship fuel tanks).

2. The verification of fuel consumption data reports of ships will be carried out by the Vietnam Ship Registry during the nearest periodic classification inspection after the Vietnam Ship Registry receives the fuel consumption data report of the ship.

3. For self-propelled ships with a total tonnage of 5,000 or more operating on international routes, the Vietnam Ship Registry must publish the ship's fuel consumption data report in accordance with Regulation 6 of Appendix VI of the MARPOL Convention.

Article 9. Reporting Fuel Consumption Data of Ships to the Ministry of Transport and IMO

1. The Vietnam Ship Registry shall report to the Ministry of Transport the fuel consumption data of the fleet flying the Vietnamese flag in accordance with Circular No. 48/2017/TT-BGTVT dated December 13, 2017, issued by the Ministry of Transport, which stipulates the statistical index system and reporting procedures for the transport industry.

2. The Vietnam Ship Registry shall report the fuel consumption data of ships with a total tonnage of 5,000 or more operating on international routes to the IMO's fuel consumption database of ships in accordance with Section 9 of Regulation 22A of Appendix VI of the MARPOL Convention.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

AND STATE MANAGEMENT AUTHORITIES

Article 10. Responsibilities of Ship Owners

1. Implement the collection of fuel consumption data of ships under their jurisdiction and submit it to the Vietnam Ship Registry in accordance with this Circular.

2. Maintain for a period of three (03) years the documents and evidence related to ship fuel consumption as specified in Clause 1 of Article 8 of this Circular to support inspections and controls by competent authorities as prescribed by law.

3. Update the Ship Energy Efficiency Management Plan (SEEMP) of ships with a total tonnage of 5,000 or more operating on international routes and submit it to the Vietnam Ship Registry for review in accordance with Section 4.5 of Regulation 5 of Appendix VI of the MARPOL Convention.

Article 11. Responsibilities of the Ship Captain

1. Report accurately the fuel consumption data of the vessel to the ship owner according to the Fuel Consumption Data Collection Plan of the vessel.

2. Retain for a period of three (03) years the documents and evidence regarding the fuel consumption of the vessel as stipulated in Clause 1 of Article 8 of this Circular for the purpose of inspection and supervision by competent authorities as prescribed by law.

Article 12. Responsibilities of the Marine Port Control Authority

Inspect compliance with the provisions of this Circular for vessels operating within the maritime port waters under its jurisdiction.

Article 13. Responsibilities of the Vietnam Maritime Administration Inspection Bureau

1. Organize the establishment and state management of the vessel fuel consumption database meeting the requirements for management, exploitation, utilization, and reporting of the database.

2. Organize the exploitation and utilization of the vessel fuel consumption database to serve the purpose of supporting marine environmental protection work, air environment protection, and serving the state management work of the Ministry of Transport.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from August 15, 2018.

Article 15. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Maritime Administration, the Director of the Vietnam Maritime Administration Inspection Bureau, the Heads of agencies and units under the Ministry of Transport, and related organizations and individuals are responsible for implementing this Circular.

2. In cases where international treaties or legal normative documents referred to in this Circular are amended, supplemented, or replaced, the relevant new provisions of the amended, supplemented, or replaced treaty or legal normative document shall be applied./.