Circular No. 42/2021/TT-BGTVT on traffic control measures to ensure waterway safety, prevent drifting, and limit inland waterway traffic

Circular No. 14/2022/TT-BGTVT stipulates traffic control measures to ensure waterway safety and prevent drifting on inland waterways, including contents such as scope of application, implementation principles, responsibilities of relevant parties, traffic control methods, traffic restrictions, handling consequences of infrastructure accidents, and provisions for announcing inland waterway traffic restrictions. This Circular takes effect from March 1, 2022, and replaces Circular No. 40/2010/TT-BGTVT and Circular No. 30/2017/TT-BGTVT.

Document No.42/2021/TT-BGTVT
Document typeCircular
Issuing authorityMinistry of Construction
Signed byNguyễn Xuân Sang — Thứ trưởng
Updated13/06/2026
FieldUncategorized
Issued date31/12/2021
Effective date01/03/2022
Expiry date
StatusIn effect
✦ Smart summary

Circular No. 14/2022/TT-BGTVT stipulates traffic control measures to ensure waterway safety and prevent drifting on inland waterways, including contents such as scope of application, implementation principles, responsibilities of relevant parties, traffic control methods, traffic restrictions, handling consequences of infrastructure accidents, and provisions for announcing inland waterway traffic restrictions. This Circular takes effect from March 1, 2022, and replaces Circular No. 40/2010/TT-BGTVT and Circular No. 30/2017/TT-BGTVT.

Scope of application

This Circular applies to organizations and individuals operating in the field of inland waterway transportation.

Key points

  • Scope and principles of implementing traffic control measures to ensure waterway safety and prevent drifting on inland waterways
  • Responsibilities of relevant parties such as management agencies and organizations and individuals operating in the field of inland waterway transportation
  • Methods for implementing traffic control measures to ensure waterway safety and prevent drifting on inland waterways
  • Provisions on restricting inland waterway traffic
  • Work to address the consequences of infrastructure accidents and handle sunken vessels
  • Provisions on announcing restrictions on inland waterway traffic

🌐 Social impact of this document

  • Enhancing state management effectiveness over inland waterway transportation activities
  • Reducing accidents and incidents on inland waterways, ensuring safety for people and vessels participating in transportation
  • Strengthening coordination among relevant parties in addressing the consequences of infrastructure accidents

❓ Frequently asked questions

When does Circular No. 14/2022/TT-BGTVT take effect?

This Circular takes effect from March 1, 2022.

Which legal documents does Circular No. 14/2022/TT-BGTVT replace?

This Circular replaces Circular No. 40/2010/TT-BGTVT dated December 31, 2010, and Circular No. 30/2017/TT-BGTVT dated September 7, 2017.

Full text


MINISTRY OF TRANSPORTATION

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 42/2021/TT-BGTVT
Hanoi, December 31, 2021

CIRCULAR

Regulations on traffic control and restriction to ensure inland waterway交通安全规定,
防止漂移和限制内河交通

______________

Based on the Inland Waterway Traffic Law of July 15, 2004; the 6 year The Law Amending and Supplementing Certain Provisions of the Inland Waterway Traffic Law of July 17, 2004; the 6 year 2014;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10 the 02 year of 2017 Based on the Government's Decree No. 30/2017/NĐ-CP of May 21, 2017 stipulating organization and operation for emergency response to accidents, natural disasters, and search and rescue;

Based on the Government's Decree No. 08/2021/NĐ-CP of February 28, 2021 stipulating management of inland waterway activities; the 3 year Based on the Government's Decree No. 66/2021/NĐ-CP of June 06, 2021 detailing and guiding implementation of certain provisions of the Law on Prevention and Control of Natural Disasters and the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Natural Disasters and the Law on River Dykes;

Based on the Prime Minister's Decision No. 18/2021/QĐ-TTg of April 22, 2021 stipulating forecast, warning, information dissemination on natural disasters and disaster risk levels; the 01 year Pursuant to the proposal of the Director of the Department of Traffic Safety and the Director of the Vietnam Inland Waterways Administration;

traffic control and restriction to ensure the 7 year safety

traffic, preventing drift and restricting inland waterway traffic.;

Article 1. This Circular stipulates traffic control and restriction to ensure safety, prevent drift and restrict inland waterway traffic.

The Minister of Transport hereby issues this Circular. qetermining for Article 2. This Circular applies to agencies, organizations, and individuals related to traffic control and restriction to ensure safety, prevent drift and restrict inland waterway traffic. 1. Traffic control and restriction to ensure safety means organizing warnings and guidance for vessels navigating and mooring in adverse conditions to ensure safety and reduce traffic congestion on inland waterways. 2. Preventing drift involves organizing permanent readiness with vessels, equipment, and personnel to implement measures to ensure traffic safety and provide support to prevent collisions with structures and between vessels.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

3. Restricted navigation channel is a channel or section of a channel where the width, depth, radius of curvature, height clearance, or span of a bridge over the river is less than the technical grade of the inland waterway.

4. Restricting inland waterway traffic involves organizing traffic in areas that do not meet the operational conditions according to the published technical grade of the inland waterway, which pose a risk of inland waterway traffic accidents, to ensure safety and reduce traffic congestion on inland waterways.

Article 2. Interpretation of Terms

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

5. Average transport volume is the number of transport vessels (ships, boats, barges carrying goods) with a load capacity of more than 10 tons passing through an area within 24 hours (day and night), averaged over the two most recent years of statistics.

Article 3. Cases of traffic control and restriction to ensure safety

1. At locations identified as black spots or potential accident sites in restricted navigation channels. The location and criteria for black spots and potential inland waterway traffic accident sites shall be specified by the Minister of Transport.

2. During construction of projects crossing rivers, construction and repair of facilities, resource exploitation, salvage, dredging, cleaning of obstructions, launching and floating off in channels, protected channel zones, port waters, inland waterway berths, anchorage areas affecting inland waterway traffic safety.

3. When unexpected situations arise with one or more adverse factors affecting the safety of inland waterway facilities and inland waterway traffic operations, including:

a) Occurrence of inland waterway traffic accidents potentially causing traffic congestion;

b) Presence of obstructions in channels or shallow points causing traffic hindrance;

c) During disaster prevention and control activities (droughts, typhoons, floods), rescue and relief operations; exercise activities, sports, festivals, entertainment, vocational training exercises, market meetings, village industries, national defense and security assurance activities.

4. Upon request or directive from competent state authorities.

a) The occurrence of inland waterway traffic accidents that pose a risk of traffic congestion;

b) The presence of obstacles on the channel or at shallow points causing traffic hindrance;

c) In cases of disaster prevention and control (droughts, typhoons, floods), rescue operations, sports activities, festivals, recreational events, vocational training exercises, market meetings, traditional craft village activities, national defense and security assurance operations.

4. Upon the proposal or directive of the competent state agency.

Article 4. Cases of anti-drift operations

The anti-drift duty shall be carried out when the following conditions are met:

1. During flood season, the flood period shall be applied according to the provisions of Decision No. 18/2021/QĐ-TTg dated April 22, 2021 of the Government on forecasting, warning, transmitting information about natural disasters and levels of natural disaster risk.

2. At bridge locations, old or weak clusters of bridges without anti-drift piles or with anti-drift piles that do not meet actual requirements and have one of the following factors:

a) The width of the ship passage or the height above the waterline or the radius of curvature of the channel is less than the technical grade regulations for inland waterways as classified.

b) In areas with unstable flow with surface current velocity ≥ 5 meters/second;

c) In areas with oblique or swirling flow around bridge piers.

Article 5. Measures for organizing traffic control operations to ensure safety

1. By means of inland waterway signals: applicable in all cases stipulated in Article 3 of this Circular, except for the cases stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

2. By means of one traffic control station combined with inland waterway signals, applicable on inland waterway routes with average daily and nightly vessel traffic exceeding 150 trips, in the following cases:

a) Restricted navigation channels where the remaining width of the channel is ≥ 1/2 of the width specified in the technical grade regulations for inland waterways currently classified and the length is between 200 meters and 500 meters;

b) Restricted navigation channels where the remaining width of the channel is < 1/2 of the width specified in the technical grade regulations for inland waterways currently classified and the length is up to 200 meters.

3. By means of two traffic control stations at upstream and downstream combined with inland waterway signals, applicable on inland waterway routes with average daily and nightly vessel traffic exceeding 150 trips, in the following cases:

a) Restricted navigation channels where the remaining width of the channel is ≥ 1/2 of the width specified in the technical grade regulations for inland waterways currently classified and the length is 500 meters or more;

b) Restricted navigation channels where the remaining width of the channel is < 1/2 of the width specified in the technical grade regulations for inland waterways currently classified and the length is over 200 meters;

c) For structures crossing inland waterways where the remaining clearance for navigation is ≤ 1/2 of the clearance for navigation specified in the technical grade regulations for inland waterways currently classified.

4. By means of two traffic control stations at upstream and downstream combined with inland waterway signals, applicable in the following cases:

a) Construction works within the navigable channel area with construction time exceeding 5 days;

b) Cases stipulated in point a of Clause 3 of Article 3 of this Circular with extended duration exceeding 5 days.

5. By means of three traffic control stations (at upstream, downstream, and central location) combined with inland waterway signals: applicable in the case stipulated in point a of Clause 4 of this Article, on inland waterway routes with average daily and nightly vessel traffic exceeding 150 trips and with clearance for navigation ≤ 1/2 of the clearance for navigation specified in the technical grade regulations for inland waterways currently classified.

Article 6. Measures to organize anti-collision work

1. By establishing 01 permanent anti-collision station at the upper reaches in combination with inland waterway navigation signals for river-crossing bridge positions in accordance with the provisions of Article 4 of this Circular.

2. By establishing 02 permanent anti-collision stations in combination with inland waterway navigation signals at river-crossing bridge cluster positions in accordance with the provisions of Article 4 of this Circular.

Chapter II

CONTENT AND TECHNICAL REQUIREMENTS FOR THE WORK OF NAVIGATION CONTROL AND SAFETY MANAGEMENT TO PREVENT COLLISIONS

Article 7. Content of navigation control and safety management work

1. Navigation control and safety management by inland waterway navigation signals

a) Implement and install the signaling system according to the approved plan by the competent authority to guide vessels to travel safely.

b) Manage and maintain the signaling system for navigation control and safety management in accordance with regulations.

c) Vessels traveling through the navigation control and safety management area must comply with the instructions of the inland waterway navigation signals installed in that area.

2. Navigation control and safety management by navigation control stations combined with inland waterway navigation signals:

a) Implement vessels, equipment, manpower, and signaling systems according to the approved plan by the competent authority;

b) Manage and maintain the signaling system for navigation control and safety management in accordance with regulations;

c) Guide vessels to navigate, stop, and moor in compliance with the published regulations for safe passage through the navigation control area;

d) Control, prevent, and handle violations of traffic regulations causing disorder and unsafe conditions in the navigation control area;

đ) Rescue cases of accidents, emergencies, and other risks that may cause safety issues in the navigation control area;

e) Establish traffic regulations for vessels passing through the navigation control area to be approved by the competent authority along with traffic safety measures. The content of the traffic regulations includes: safety conditions of vessels and equipment; professional certificates of vessel operators; vessel formation and size; direction of vessel movement; time of vessel passage; other notes (if any);

g) Record business logs, diaries, and reports as prescribed, including:

Shift logbook for navigation control and safety management according to the model prescribed in Appendix I issued together with this Circular;

Diary of navigation control and safety management work according to the model prescribed in Appendix II issued together with this Circular;

Logbook of vessels according to the model prescribed in Appendix III issued together with this Circular;

Water level record book according to the model prescribed in Appendix IV issued together with this Circular;

Traffic volume monitoring logbook according to the model prescribed in Appendix V issued together with this Circular.

Article 8. Technical requirements for navigation control and safety management work

1. General provisions on signaling:

a) Signaling devices used include:

Warning signals (including unexpected danger warning signals, overtaking prohibition signals, restricted clearance height signals, restricted depth signals, restricted width signals, towing regulation signals, anchoring prohibition signals, turning prohibition signals, and auxiliary signals) placed on poles on the bank at the location of the upper or lower station;

Signals allowing anchoring placed on the bank at the midpoint of the water area designated for vessel anchorage (if bank placement is not possible, use buoys to mark the water area);

Control signals and light signals placed on poles at the upper and lower stations. If there is no control station, they should be placed at the warning signal location;

Buoys are placed on the channel to limit the water area or ship lane.

b) The installation sequence of warning signals is as follows: unexpected danger warning signals, towing regulation signals, anchoring prohibition signals, overtaking prohibition signals, restricted clearance height signals, restricted depth signals, restricted width signals; the first signal must be at least 500 meters away from the safe traffic control area in both upstream and downstream directions.

c) The minimum distance between poles carrying warning signals is 05 meters.

d) On routes operating 24/24 hours, all signals must have light signals as prescribed.

đ) Signals established must comply with national technical standards for inland waterway navigation signals.

2. Navigation control and safety management by inland waterway navigation signals:

a) The signaling system must be installed in areas with clear visibility, not obstructed, and placed at the following locations: upstream, within 800 meters from the navigation control and safety management area; downstream, within 500 meters from the navigation control and safety management area; central, within 200 meters from the construction site towards the upstream;

b) Shore signals: at each navigation control and safety management area, two sets of signals are arranged upstream and downstream of the structure, including: one set of anchoring prohibition signals; one set of danger warning signals; one set of overtaking prohibition signals; one set of vessel turning prohibition signals; one set of towing regulation signals (including one or more types of signals: limited towing group notification signals; limited towing group width notification signals; limited towing group length notification signals); one set of restricted clearance height signals; one set of restricted channel depth signals; one set of restricted channel width signals;

c) Underwater signals: arrange at least two pairs of channel guiding buoys upstream and downstream; for navigation control and safety management areas entirely within the channel, at least four channel boundary buoys must be arranged; for navigation control and safety management areas within one side of the channel, at least two water area boundary buoys or two channel boundary buoys must be arranged.

3. Traffic control stations ensuring safe navigation shall be established to ensure safety through combined traffic control and inland waterway signaling:

a) Traffic control stations ensuring safe navigation must be convenient for operation, easily observable, not obstructed, with good visibility for surveillance work, and located at the following positions: traffic control stations ensuring safe navigation upstream should be placed no more than 800 meters from the regulated area; traffic control stations ensuring safe navigation downstream should be placed no more than 500 meters from the regulated area; central traffic control stations ensuring safe navigation should be placed no more than 200 meters from the construction site upstream.

b) Shore signals: arranged according to the provisions of Clause 2 of this Article and supplemented with one set of control signals for vessel movement.

c) Water signals: if the traffic control area ensuring safe navigation is entirely within the channel, at least four buoys delineating the vessel passage lane must be arranged; if the traffic control area ensuring safe navigation is within one side of the channel, at least two buoys delineating the water area or two buoys delineating the vessel passage lane must be arranged.

4. The arrangement of the signals prescribed in Clauses 1, 2, and 3 of this Article must be adjusted based on actual conditions to avoid overlap with existing signals in the area.

5. Equipment and personnel at traffic control stations ensuring safe navigation:

a) Each station must be equipped with at least one boat with a power capacity from 33 HP to 90 HP and at least one high-speed boat (speedboat) with a power capacity from 25 HP to 90 HP (depending on the regulated area to appropriately arrange equipment). In cases of river mouths leading to the sea, channels from shore to islands, channels connecting islands, and channels specified with special technical grades, equipment with higher power capacity may be arranged but not exceeding 150 HP for boats and 200 HP for high-speed boats.

b) Crew staffing on the equipment is arranged according to the current regulations of the Minister of Transport. Personnel for traffic control ensuring safe navigation must be arranged as follows: one traffic control commander (at least grade 4 worker or worker holding a college degree in hydraulic engineering, hydropower, transportation) per shift; two workers at each station (at least grade 3 worker or holding a vocational management certificate for inland waterways or a worker holding an intermediate degree in hydraulic engineering, hydropower, transportation) per shift; one support staff member at each station (when necessary) per shift.

c) Regulations on the number of operating hours for equipment to perform on-site traffic control:

For main transport routes classified with special technical grades, Grade I, and Grade II, the operating hours of the equipment are 2.0 hours/day.

For main transport routes classified with technical grades Grade III and Grade IV, the operating hours of the equipment are 1.5 hours/day.

For inland waterways not falling under the above cases, the operating hours of the equipment are 1.0 hour/day.

d) Other tools and equipment for at least one station include: one signboard (indicating the station name, project name, implementing unit, contact phone number...); one compressed air horn; one flag; one first aid cabinet; one radio (telephone); two flashlights; one water level gauge; one telescope and rescue equipment as prescribed. These tools and equipment must be operational.

Article 9. Contents of anti-collision work

1. Deploying equipment, devices, and personnel for continuous anti-collision and rescue operations according to approved plans.

2. Implementing the contents prescribed in points c, d, and đ of Clause 2, Article 7 of this Circular; organizing support for vessels passing through areas with safety risks or potential accidents; organizing rescue operations or coordinating with other forces to carry out rescue when accidents occur.

3. Notifying relevant agencies, organizations, and vessels about the location, form, contact address, and functions of the anti-collision and rescue station.

4. Recording business ledgers, diaries, and reports as prescribed, including:

a) Ledger of anti-collision duty shifts according to the model prescribed in Appendix VI issued together with this Circular;

b) Diary of anti-collision duty operations according to the model prescribed in Appendix VII issued together with this Circular;

c) Vessel diary according to the model prescribed in Appendix VIII issued together with this Circular;

d) Water level ledger according to the model prescribed in Appendix IX issued together with this Circular;

đ) Traffic volume monitoring ledger according to the model prescribed in Appendix X issued together with this Circular;

e) Record confirming vessel support, rescue operations according to the model prescribed in Appendix XI issued together with this Circular.

Article 10. Technical Requirements for Anti-Collision Work

1. Continuous Anti-Collision Station

The continuous anti-collision station shall be located upstream of the construction site not exceeding 300 meters.

2. Continuous Anti-Collision Warning Signals

The arrangement of continuous anti-collision warning signals shall comply with the provisions of Clauses 1, 2, 3, and 4 of Article 8 of this Circular.

3. Equipment and Personnel at Continuous Anti-Collision Stations

a) Each station shall be equipped with at least one boat with power from 150 HP to 250 HP and at least one high-speed inflatable boat (high-speed motorboat) with power from 40 HP to 90 HP (depending on the anti-collision area to appropriately arrange the equipment). In cases of river mouths leading to the sea, island connecting channels, and special technical grade channels, larger capacity equipment may be arranged but must be decided by the competent authority.

b) The crew staffing on the equipment shall be arranged according to the current regulations of the Minister of Transport. The personnel for continuous anti-collision, support, and rescue operations shall be arranged as follows: at least one person per shift for the continuous anti-collision station commander (at least rank 4 worker or a worker with a college degree in waterway engineering, hydraulic engineering, or transportation); seven people per shift for continuous anti-collision station staff (at least rank 3 worker or a worker with a management certificate for inland waterways or a worker with a secondary vocational degree in waterway engineering, hydraulic engineering, or transportation).

c) Regulations on the number of hours of engine operation for equipment to perform anti-collision operations on-site:

For main transport routes classified as special grade, Grade I, and Grade II: the number of hours of engine operation for the equipment is 1.5 hours per shift; if there are three or more factors as stipulated in Clause 2, Article 4 of this Circular, the number of hours of engine operation for the equipment is 2.5 hours per shift;

For main transport routes classified as Grade III and Grade IV: the number of hours of engine operation for the equipment is 1.0 hour per shift; if there are three or more factors as stipulated in Clause 2, Article 4 of this Circular, the number of hours of engine operation for the equipment is 2.0 hours per shift;

For inland waterway routes not covered by the above cases: the number of hours of engine operation for the equipment is 0.5 hours per shift; if there are three or more factors as stipulated in Clause 2, Article 4 of this Circular, the number of hours of engine operation for the equipment is 1.0 hours per shift;

d) Minimum equipment and facilities for one station include: one station sign (indicating the station name, construction project name, implementing unit, contact phone number...); one loudspeaker per vessel; one flag per vessel; one first aid cabinet; one radio (telephone) per vessel; two flashlights; one telescope and life-saving equipment as prescribed, all operational equipment.

Chapter III

REGULATIONS ON THE ESTABLISHMENT, SUBMISSION, APPROVAL OF PLANS AND DETAILED CONTROL FUNDS FOR SAFETY GUARANTEE AND ANTI-COLLISION MEASURES ON INLAND WATERWAYS

Article 11. Establishment and Approval of Traffic Regulation and Control Plans to Ensure Waterway Safety

1. For national inland waterways:

a) The Vietnam Inland Waterway Administration shall establish the annual or emergency traffic regulation and control plans for ensuring safety on national inland waterways and submit them to the Ministry of Transport for approval along with the budget for such activities;

b) The traffic regulation and control plans for ensuring safety on national inland waterways shall be based on the consolidation and review of data, reports, and proposals from grassroots units, and shall comply with practical requirements;

c) The annual traffic regulation and control plan for ensuring safety on national inland waterways shall include basic information such as location of regulation, estimated implementation budget; implementation time; implementation method. The traffic regulation and control plan for ensuring safety shall follow the model set out in Appendix XXI attached hereto;

d) Procedures for establishing and approving annual traffic regulation and control plans to ensure safety on national inland waterways;

Annually, based on the actual needs for ensuring safety on national inland waterways, the Vietnam Inland Waterway Administration shall review, consolidate, establish plans and draft budgets for traffic regulation and control activities for the following year, and submit them to the Ministry of Transport for consideration and approval;

Based on the list of traffic regulation and control measures to ensure safety on national inland waterways approved by the Ministry of Transport, the Vietnam Inland Waterway Administration shall organize the establishment, review, and approval of work plans for traffic regulation and control to ensure safety on national inland waterways according to the approved plan and implement them in accordance with regulations;

e) In cases where adjustments or supplements to traffic regulation and control activities to ensure safety are required on an emergency basis, the Vietnam Inland Waterway Administration shall submit to the Ministry of Transport for approval the policy, additional items, and consolidated adjustment plans for implementation;

f) In cases of construction or repair of works, the Vietnam Inland Waterway Administration or local inland waterway management agencies authorized by it shall examine and approve traffic safety assurance plans in accordance with the law;

2. For provincial inland waterways:

The Department of Transport or other agencies at the provincial level delegated by the Provincial People's Committee shall examine and approve traffic regulation and control plans to ensure safety and organize their implementation in accordance with regulations on traffic regulation and control to ensure safety on provincial inland waterways (including regular cases, emergency cases for disaster prevention, security, and defense, and cases of construction or repair of works);

Article 12. Establishment and Approval of Drift Prevention Plans

1. For national inland waterways:

a) The Vietnam Inland Waterway Administration shall establish the annual drift prevention plan and budget for drift prevention activities on inland waterways and submit them to the Ministry of Transport for approval for implementation;

b) The drift prevention plan for inland waterways shall be based on the consolidation and review of data, reports, and proposals from grassroots units, and shall comply with practical requirements;

c) The drift prevention plan shall include basic information such as drift prevention locations, equipment, manpower, implementation time, estimated implementation budget, implementation methods. The annual drift prevention plan shall follow the model prescribed in Appendix XXII attached hereto;

d) Procedures for establishing and approving annual drift prevention plans;

Annually, based on weather, hydrological conditions, flow patterns, disaster trends, typhoons and floods, the status of road and railway infrastructure, traffic density on routes, or the requirements of competent authorities aimed at responding to potential accidents, ensuring safety on inland waterways, and ensuring road and railway traffic, the Vietnam Inland Waterway Administration shall review, consolidate, establish plans for drift prevention tasks for the following year, and draft the budget for implementation, and submit them to the Ministry of Transport for consideration and approval;

Based on the approved demand plan, the Vietnam Inland Waterway Administration shall review the list of drift prevention locations, establish plans for drift prevention tasks (the plan shall specify: location, equipment, manpower; implementation time; estimated implementation budget, implementation methods), and submit them to the Ministry of Transport;

Based on the proposal of the Vietnam Inland Waterway Administration or related agencies or directives from competent authorities, the Ministry of Transport shall consider, assign tasks, and approve the drift prevention plan for the flood season of the following year before December 20 each year;

Based on the assigned tasks, the Vietnam Inland Waterway Administration shall organize their implementation in accordance with regulations;

e) In cases where adjustments or supplements to drift prevention activities are required on an emergency basis, the Vietnam Inland Waterway Administration shall submit to the Ministry of Transport for approval the policy, additional items, and consolidated adjustment plans for implementation;

f) In cases of construction or repair of works, the Vietnam Inland Waterway Administration or local inland waterway management agencies authorized by it shall examine and approve traffic safety assurance plans in accordance with the law;

2. For provincial inland waterways:

The Department of Transport or other agencies at the provincial level delegated by the Provincial People's Committee shall examine and approve drift prevention plans and organize their implementation in accordance with regulations on drift prevention on provincial inland waterways, including emergency cases for disaster prevention, security, and defense, and cases of construction or repair of works.

Article 13. Sources of funds to ensure traffic regulation and control work for traffic safety and anti-drift measures

1. For traffic regulation and control work to ensure traffic safety and anti-drift measures:

a) Traffic regulation and control to ensure traffic safety and anti-drift measures on national inland waterways shall be funded from the regular operating expenses of national inland waterway economic activities, guaranteed by the central budget and other lawful sources as prescribed by law;

b) Traffic regulation and control to ensure traffic safety and anti-drift measures on local inland waterways shall be funded from the expenses guaranteed by the local budget and other lawful sources as prescribed by law.

2. For traffic regulation and control work to ensure traffic safety and anti-drift measures during construction and repair works: the organization or individual conducting the construction work or causing obstructions on inland waterways shall bear full responsibility for paying all costs incurred by the organizations or individuals directly involved in traffic regulation and control work to ensure traffic safety and anti-drift measures.

3. For construction works on inland waterways established after this Circular takes effect with navigational clearance dimensions not meeting technical regulations for inland waterways, the organization or individual being the owner of the construction work must be responsible for organizing and funding the implementation of measures as stipulated in Articles 5 and 6 of this Circular.

Chapter IV

PROVISIONS ON SUPERVISION, INSPECTION, AND ACCEPTANCE

Article 14. Supervision of traffic regulation and control work to ensure traffic safety and anti-drift measures

1. Requirements for supervision work:

a) Conduct continuous supervision throughout the process of traffic regulation and control to ensure traffic safety and anti-drift measures from commencement until completion and acceptance of the project;

b) Supervise the implementation of traffic regulation and control to ensure traffic safety and anti-drift measures according to the approved tender documents, technical guidelines, and contract provisions;

c) Check the suitability of the contractor's capacity for traffic regulation and control to ensure traffic safety and anti-drift measures against the approved tender documents and contract, including: manpower, equipment, devices, quality management system, labor safety, and environmental hygiene;

d) On-site inspection and supervision through the monitoring system prescribed in Clause 2 of this Article in traffic regulation and control work to ensure traffic safety and anti-drift measures and organize data management to meet management, inspection, and data retrieval requirements.

2. Requirements for the monitoring system

a) Monitoring equipment: install at least one IP camera on one permanently stationed watercraft;

b) Minimum technical specifications: IP camera; surveillance cameras must meet IP68 standards, displaying time on the recording frame and GPS location;

c) Installation of monitoring equipment: the monitoring equipment shall be fixedly installed on the watercraft. The installation position must ensure the largest possible viewing angle, recording complete, continuous, and clear images of the work content carried out in traffic regulation and control work to ensure traffic safety and anti-drift measures;

d) Data and image retention: data and images recorded by the camera shall be retained during the implementation of traffic regulation and control work to ensure traffic safety and anti-drift measures, rescue, and relief operations; video and image data must be clear, distinguishable, and retainable for a minimum period of one month or until the end of the accepted month.

3. Authority to conduct inspections and supervision

a) The Vietnam Inland Waterway Administration or regional inland waterway management agencies authorized by the Vietnam Inland Waterway Administration shall be responsible for organizing periodic inspections, regular inspections, spot checks, and supervision of traffic regulation and control work to ensure traffic safety and anti-drift measures on national inland waterways;

b) The Department of Transport and Communications shall organize periodic inspections, regular inspections, spot checks, and supervision of traffic regulation and control work to ensure traffic safety and anti-drift measures on local inland waterway routes.

Article 15. Inspection and acceptance of traffic regulation and control work to ensure traffic safety and prevent collisions

1. Basis for inspection and acceptance

a) Decision approving the plan and budget for traffic regulation and control work to ensure traffic safety and prevent collisions;

b) Contract for performing traffic regulation and control work to ensure traffic safety and prevent collisions;

c) Tendering and invitation to tender documents;

d) Business record books and daily logbooks as stipulated in point g, Clause 2, Article 7 and Clause 4, Article 9 of this Circular;

đ) Regulations for vessel passage through the regulated area to ensure traffic safety and prevent collisions;

e) Reports on the results of traffic regulation and control work to ensure traffic safety and prevent collisions (monthly, quarterly reports and final report), specifying the number of vessels passing through the station, the number of vessels guided and supported, vessels causing obstruction and not following guidance, affecting traffic safety and safety of bridge structures;

g) Inspection and supervision minutes (if any);

h) Minutes of acceptance of traffic regulation and control work to ensure traffic safety and prevent collisions (if any).

2. Content of inspection and acceptance

a) Inspection and acceptance of signaling systems serving traffic regulation and control work to ensure traffic safety and prevent collisions;

b) Inspection and acceptance of manpower, equipment, facilities, and operating hours for traffic regulation and control work to ensure traffic safety and prevent collisions;

c) Inspection of the monitoring system for traffic regulation and control work to ensure traffic safety and prevent collisions as stipulated in Clause 2, Article 14 of this Circular;

d) Evaluation of the quality of traffic regulation and control work to ensure traffic safety and prevent collisions (based on inspection minutes, record books, reports, data and images, signaling, equipment, manpower, and traffic safety along the route);

đ) Business record books, daily logbooks, and reports as prescribed;

e) Equipment, facilities, and manpower according to the approved plan;

g) Signaling systems serving traffic regulation and control work to ensure traffic safety according to the approved plan;

h) Results of implementing the traffic regulation and collision prevention plan;

i) Spot checks on the implementation of traffic regulation and control work to ensure traffic safety and prevent collisions.

3. Components and format of the acceptance dossier

a) Handover of the construction site (including other related contents concerning the implementation of traffic regulation and control work to ensure traffic safety and prevent collisions, if applicable). The handover result is recorded in a protocol according to the model prescribed in Appendix XII issued together with this Circular.

b) Inspection and acceptance of the deployment of equipment, facilities, and personnel. The acceptance result of the deployment of equipment, facilities, and personnel is recorded in a protocol according to the model prescribed in Appendix XIII issued together with this Circular.

c) Internal contractor's work acceptance. The acceptance result of the work is recorded in a protocol according to the model prescribed in Appendix XIV issued together with this Circular.

d) Monthly work acceptance. The monthly acceptance result is recorded in a protocol according to the model prescribed in Appendices XV and XVI issued together with this Circular.

đ) Quarterly work acceptance is a summary of the monthly acceptance results within the quarter. The quarterly acceptance result is recorded in a protocol according to the model prescribed in Appendices XVII and XVIII issued together with this Circular.

e) Final work acceptance is a summary of the monthly or quarterly acceptance results throughout the year. The final acceptance result is recorded in a protocol according to the model prescribed in Appendices XIX and XX issued together with this Circular.

4. Time of acceptance

At each stage and immediately after the completion of the period for traffic regulation and control work to ensure traffic safety and prevent collisions.

Chapter V

REGULATIONS ON ANNOUNCEMENT AND HANDLING OF TRAFFIC LIMITATIONS FOR INLAND WATERWAYS
INTERNAL WATERWAY TRAFFIC LIMITATIONS

Article 16. Cases of traffic restrictions on inland waterways, authority to announce such restrictions, and procedures for announcing traffic restrictions on inland waterways

Cases of traffic restrictions on inland waterways, the authority to announce traffic restrictions, and the procedures for announcing traffic restrictions on inland waterways shall be implemented in accordance with the provisions of Article 40 of Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government on the management of inland waterway activities.

Article 17. Content and requirements for traffic restrictions on inland waterways

1. Content of traffic restrictions on inland waterways

a) Restrictions on vessels: restrictions on types and sizes of vessels passing through narrow channels, areas with obstacles, or restrictions on channel dimensions for vessel navigation;

b) Restrictions on published channel rules: partial restrictions on length, width, clearance height, radius of curvature below the technical grade of the vessel navigation channel, or one-way traffic when obstacles arise, construction works, drills, sports events, festivals, recreational activities, training, vocational training, market fairs, craft villages;

c) Prohibited channels: prohibition of vessels from navigating within a specific time period when obstacles arise (sinking of vessels, traffic accidents, obstacles emerging on the channel requiring salvage), construction works, disaster prevention and control activities, rescue operations, national defense and security activities, or when congestion affects the entire range of the vessel navigation channel.

2. The competent authority shall immediately publish the content, duration, and scope of traffic restrictions on inland waterways on mass media and the website of the agency upon determining the content of traffic restrictions according to Clause 1 of this Article.

3. Traffic safety assurance work at restricted locations on inland waterways shall be carried out in accordance with the measures stipulated in Article 5 of this Circular in the following cases:

a) In case of sudden traffic restrictions due to emergency situations (when accidents or obstacles occur on the channel posing dangers to inland waterway traffic, urgent activities serving national defense and security), the selection of contractors shall be organized in accordance with the law on direct procurement.

b) For planned traffic restrictions, which are other cases not covered under point a of this clause, the implementation of traffic safety assurance measures approved according to regulations shall be organized.

Article 18. Regulations on coordination and handling of consequences in cases of vessel sinking or infrastructure accidents

1. All organizations and individuals operating in the field of inland waterway transportation must actively cooperate in addressing the consequences when vessels sink or there are infrastructure accidents to mitigate the impact of accidents and quickly restore inland waterway transportation.

2. The Vietnam Inland Waterway Administration shall direct, inspect, and urge the resolution of consequences when vessels sink or there are infrastructure accidents on national inland waterways.

3. The Department of Transport shall direct, inspect, and urge the resolution of consequences when vessels sink or there are infrastructure accidents on local inland waterways.

4. Organizations and individuals whose vessels have sunk or caused infrastructure accidents shall be responsible for salvaging the vessels, removing obstacles caused by the sinking of vessels, and repairing the accidents within the time limit determined by the inland waterway management unit. If organizations and individuals fail to salvage the vessels, remove obstacles, or repair the accidents within the prescribed time limit, the inland waterway management unit shall carry out the salvage and removal of obstacles.

5. Organizations and individuals whose vessels have sunk or caused infrastructure accidents must apply all preventive measures to minimize environmental pollution and bear all costs for salvaging, removing obstacles caused by the sinking of vessels, and repairing the accidents.

6. In cases where a sunken vessel affects inland waterway traffic or causes infrastructure accidents without identifying the owner of the vessel, the Vietnam Inland Waterway Administration or the People's Committees of provinces and centrally governed cities (depending on the level of authority) shall be responsible for organizing search and rescue, salvage, and removal to ensure traffic safety using state budget funds according to the directives of the competent authority. After a ruling by the competent court, relevant organizations and individuals involved in the accident or incident shall reimburse the state budget.

7. During the process of resolving the consequences of vessel sinking or infrastructure accidents, the inland waterway management unit shall regularly report directly to the higher-level management agency.

Chapter VI

IMPLEMENTING PROVISIONS

Article 19. Effective Date

2. Abolishing Clause 11 of Article 1 of Circular No. 32/2020/TT-BGTVT dated December 14, 2020, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 29/2018/TT-BGTVT dated May 14, 2018, on quality inspection, technical safety, and environmental protection for railway transportation vehicles and Circular No. 31/2018/TT-BGTVT dated May 15, 2018, on the implementation of system safety assessment for urban railways.

2. Repeal Circular No. 40/2010/TT-BGTVT dated December 31, 2010, issued by the Minister of Transport on traffic regulation, control, and safety assurance on inland waterways and Circular No. 30/2017/TT-BGTVT dated September 7, 2017, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 40/2010/TT-BGTVT dated December 31, 2010.

Article 20. Transitional Provisions

For contracts for traffic regulation, control, and safety assurance, collision prevention, and traffic restrictions on inland waterways that have been signed by competent authorities before the effective date of this Circular, they shall continue to be implemented according to the terms of the contract until its expiration. In cases where the contract is amended or supplemented after the effective date of this Circular, it must be implemented in accordance with this Circular.

Article 21. Organization of Implementation

1. The Vietnam Inland Waterway Administration shall implement this Circular.

2. The Director of the Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterway Administration, the Directors of the Departments of Transport, the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.

DEPUTY MINISTER
DEPUTY MINISTER
(Signed)
Nguyen Xuan Sang
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42/2021/TT-BGTVT
Circular No. 42/2021/TT-BGTVT on traffic control measures to ensure waterway safety, prevent drifting, and limit inland waterway traffic
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