Circular No. 42/2019/TT-BGTVT on criteria for inspection, supervision, evaluation, and acceptance of quality of public service activities ensuring maritime safety

CIRCULAR

Regulations on criteria, inspection, supervision, evaluation, and acceptance of quality of public services ensuring maritime safety 

Pursuant to the Vietnam Maritime Code 2015 Pursuant to the regulations on functions, tasks, powers, and organizational structure of the Ministry of Transport;;

Pursuant to DecreeNo. 12/2017/NĐ-CP dated 10 the 02 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;17 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ quPursuant to the detailed provisions of some articles of the Vietnam Maritime Code regarding management of maritime activities;uPursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering or tendering for the provision of products and services using state budget funds from regular expenditure;Upon the proposal of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Maritime Administration,The Minister of Transport hereby promulgates

WHEREAS,ứ Government Decree No. 58/2017/NĐ-CP astoy 10 the 5 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).7 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government these regulations on criteria, inspection, supervision, evaluation, and acceptance of quality of public services ensuring maritime safety These regulations stipulate the criteria, inspection, supervision, evaluation, and acceptance of quality of public services ensuring maritime safety as follows:reason 1. Management and maintenance of operation of marine navigation light systems, independent beacons. 2. Management and maintenance of operation of public maritime channels systems (including breakwater, sand barrier, current deflecting structures, and shore protection structures within public maritime infrastructure).

Pursuant to Decree No. 43/2018/NĐ-CP dated March 12, 2018 of the Government on management, use, and exploitation of marine infrastructure assets;

3. Survey work serving the announcement of maritime information for public maritime channels (including pilotage areas).

4. Emergency measures to ensure maritime safety.;

These regulations apply to organizations and individuals involved in the inspection, supervision, evaluation, and acceptance of quality of public services ensuring maritime safety. Marine navigation aids Circular qare devices or structures established to guide seafarers and determine the position of vessels., Range of marine navigation aids.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

is the greatest distance from the observer to the aid at which the observer can recognize the aid to navigate or determine their position.

Daylight range of marine navigation aids

is the greatest distance at which the observer can recognize the aid during daylight hours; determined with meteorological visibility of 10 nautical miles.

Light range of marine navigation aids

is the greatest distance at which the observer can recognize the light signal of the aid.

Article 2. Applicability

Designated range of marine navigation aids

Article 3. Explanation of Terms

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

1. is the light range of the aid under atmospheric conditions with meteorological visibility of 10 nautical miles (corresponding to the atmospheric optical transmission coefficient T = 0.74) with the assumed threshold of human eye sensitivity to brightness of 0.2 microlux. Radio beacon range (Racons, AIS, etc.)

2. is the maximum distance at which the radio beacon signal can be detected or utilized by receiving equipment. Grouped flashing light

3. is a flashing light emitted in groups with a defined cycle. Automatic Identification System (AIS) marine navigation aid

4. is a radio beacon transmitting maritime safety information to AIS stations installed on ships operating on marine Very High Frequency (VHF) bands. Radar target (Racon)

5. is a marine navigation aid for receiving and transmitting radio signals on radar frequency bands. Availability index of marine navigation aids

6. is determined as the percentage of time that the marine navigation aid operates correctly all published functions during the evaluation period. is the maximum distance at which the signal of a radio beacon can be detected or used by a receiving device.

7. Flashing light group is a flashing light emitted in groups with a defined cycle.

8. Marine Automatic Identification System (AIS) Signal is a marine radio signal transmitting safety information to AIS stations installed on ships, operating on maritime VHF frequency bands.

9. Radar Transponder (Racon) is a marine signal for receiving and transmitting radio signals on the radar frequency bands of maritime radars.

10. REGULATIONS ON CRITERIA, INSPECTION, SUPERVISION, EVALUATION, AND ACCEPTANCE OF QUALITY OF PUBLIC SERVICES ENSURING MARITIME SAFETY is determined by the percentage of time that the marine signal operates all published functions correctly during the evaluation period.

Chapter II

REGULATIONS ON CRITERIA, INSPECTION, SUPERVISION, EVALUATION, AND QUALITY TESTING OF SERVICES TO ENSURE MARITIME SAFETY

Article 4. Quality criteria for public service activities ensuring maritime safety

1. Service of managing, operating, and maintaining the system of navigational aids and independent beacons

The quality criteria for the service of managing, operating, and maintaining the system of navigational aids and independent beacons include: the function of signaling; the readiness of signaling equipment; personnel stationed at lighthouses; mechanical maintenance and repair work; management work; availability index of navigational aids and independent beacons.

The detailed content of the quality criteria for the service of managing, operating, and maintaining the system of navigational aids and independent beacons is specified in Appendix 1 attached to this Circular.

2. Service of managing, operating, and maintaining the system of public maritime channels

a) The service of managing, operating, and maintaining the system of public maritime channels includes: managing, operating, and maintaining the channel marking system and managing, operating, and maintaining the coastal protection structures such as wave barriers, sand barriers, flow direction revetments, and shore protection revetments within the public maritime infrastructure.

The detailed content of the quality criteria for the service of managing, operating, and maintaining the channel marking system of public maritime channels is specified in Appendix 2 attached to this Circular.

c) The quality criteria for the service of managing, operating, and maintaining the coastal protection structures such as wave barriers, sand barriers, flow direction revetments, and shore protection revetments within the public maritime infrastructure include: regular inspection work; maintenance work.

The detailed content of the quality criteria for the service of managing, operating, and maintaining the coastal protection structures such as wave barriers, sand barriers, flow direction revetments, and shore protection revetments within the public maritime infrastructure is specified in Appendix 3 attached to this Circular.

3. Surveying service for publishing maritime notices for public maritime channels (including pilot transfer areas)

The quality criteria for the surveying service for publishing maritime notices for public maritime channels (including pilot transfer areas) include: surveying equipment, means, and marker systems; frequency of surveys; survey records.

The detailed content of the quality criteria for the surveying service for publishing maritime notices for public maritime channels (including pilot transfer areas) is specified in Appendix 4 attached to this Circular.

4. Emergency service ensuring maritime safety

The quality criteria for the emergency service ensuring maritime safety is timely rectification, ensuring quality according to technical standards and norms, and confirmed by the competent authority.

The detailed content of the quality criteria for the emergency service ensuring maritime safety is specified in Appendix 5 attached to this Circular.

1. The inspection and supervision of the quality of public service activities ensuring maritime safety shall be carried out according to the quality criteria, evaluation methods, and requirements set forth in the Appendices attached to this Circular.

2. Annually or periodically, the Vietnam Maritime Administration organizes inspections and supervisions of the implementation of the quality of public service activities ensuring maritime safety as stipulated in this Circular.

Article 7. Evaluation and acceptance of quality of public service activities ensuring maritime safety

1. The evaluation of the quality of public service activities ensuring maritime safety shall be based on the criteria set forth in the Appendices attached to this Circular and shall be assessed at either the level of "Pass" or "Fail". If any of the criteria under the sections marked as "Fail", then the overall assessment of that section will be "Fail", specifically as follows:

a) Assessment of management and operation services for marine lights and independent beacons:

For criteria from Section (1) to Section (5) of Appendix 1 issued with this Circular, if "Fail", the entity providing public service activities ensuring maritime safety must immediately rectify (within 15 days from the date of receiving a written notification from the Vietnam Maritime Administration) and re-assess the "Fail" criterion.

For the criterion at Section (6) of Appendix 1 issued with this Circular, if "Fail", the overall assessment of the quality of management and maintenance services for the public maritime navigation signal system during the cycle will be "Fail".

b) Assessment of management and operation services for the public maritime navigation channel system:

For criteria from Section (1) to Section (5) of Appendix 2 issued with this Circular, if "Fail", the entity providing public service activities ensuring maritime safety must immediately rectify (within 15 days from the date of receiving a written notification from the Vietnam Maritime Administration) and re-assess the "Fail" criterion.

For the criterion at Section (6) of Appendix 2 issued with this Circular, if "Fail", the overall assessment of the quality of management and maintenance services for the public maritime navigation signal system during the cycle will be "Fail".

c) Assessment of management, operation, and maintenance services for coastal protection structures, sand barriers, flow direction revetments, and shore protection revetments within public maritime infrastructure

For criteria stipulated in Appendix 3 issued with this Circular, if "Fail", the entity providing public service activities ensuring maritime safety must immediately rectify (within 15 days from the date of receiving a written notification from the Vietnam Maritime Administration) and re-assess the "Fail" criterion.

d) Assessment of surveying services for the publication of maritime notices for public maritime channels (including pilot reception areas)

For criteria stipulated in Appendix 4 issued with this Circular, if "Fail", the entity providing public service activities ensuring maritime safety must immediately rectify (within 15 days from the date of receiving a written notification from the Vietnam Maritime Administration) and re-assess the "Fail" criterion.

đ) Assessment of emergency services ensuring maritime safety.

For criteria stipulated in Appendix 5 issued with this Circular, if "Fail", the entity providing public service activities ensuring maritime safety must immediately rectify (within 15 days from the date of receiving a written notification from the Vietnam Maritime Administration) and re-assess the "Fail" criterion.

2. The Vietnam Maritime Administration shall base its acceptance of the quality of public service activities ensuring maritime safety every six months and annually on the results of quarterly or ad hoc inspections and monitoring. The acceptance of the quality of public service activities ensuring maritime safety shall occur when all quality criteria are assessed at the level of "Pass".

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Effective Date

Domestic stainless steel produced and imported before June 1, 2020 shall continue to circulate in the market until June 1, 2021.

Article 9. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Maritime Administration, and the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.