Circular No. 43/2012/TT-BGTVT stipulates technical requirements and environmental protection for overnight cruise tourism vessels, floating restaurants, and floating hotels.

CIRCULAR

Regulations on technical requirements and environmental protection for tourist vessels with overnight accommodation, floating restaurants, and floating hotels

overnight cruise ships, floating restaurants, floating hotels

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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

At the proposal of the Director of the Department of Science and Technology and the Director of the Vietnam Maritime Administration Inspection Bureau;

The Minister of Transport hereby promulgates this Circular stipulating technical requirements and environmental protection for tourist vessels with overnight accommodation, floating restaurants, and floating hotels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates technical requirements and environmental protection in technical supervision, design, construction, repair, refitting, and operation for tourist vessels with overnight accommodation, floating restaurants, and floating hotels operating on inland waterways.

2. This Circular does not apply to floating restaurants with submerged structures connected manually.

Article 2. Applicability

This Circular applies to organizations and individuals involved in activities related to tourist vessels with overnight accommodation, floating restaurants, and floating hotels.

Article 3. Explanation of Terms

In addition to the terms defined in the corresponding standards that tourist vessels with overnight accommodation, floating restaurants, and floating hotels must comply with, the following terms in this Circular shall be understood as follows:

1. Tourist vessel with overnight accommodation is an inland waterway passenger vessel carrying tourists, equipped with sleeping cabins, which docks during its journey to allow tourists to sleep overnight.

2. Floating restaurant is an inland waterway passenger vessel carrying guests, registered to operate a floating restaurant providing dining services without arranging sleeping cabins on board.

3. Floating hotel is an inland waterway passenger vessel carrying tourists for overnight stays, equipped with sleeping cabins, registered to operate a hotel business, moored at a location on inland waterways and capable of moving from one mooring point to another when necessary.

Chapter II

TECHNICAL REQUIREMENTS AND ENVIRONMENTAL PROTECTION

Article 4. Classification and Technical Supervision

Tourist vessels with overnight accommodation, floating restaurants, and floating hotels constructed from steel, aluminum, fiberglass reinforced plastic, wood, reinforced concrete, and reinforced concrete must be classified and subject to technical supervision according to the regulations applicable to passenger vessels in the General Provisions section of the Classification and Construction Standards for Inland Waterway Vessels TCVN 5801:2005 and other relevant standards that the vessels must comply with.

Article 5. Materials

1. Steel, aluminum, fiberglass reinforced plastic, wood, reinforced concrete, and reinforced concrete materials used to construct tourist vessels with overnight accommodation, floating restaurants, and floating hotels must meet the material requirements specified in the relevant standards that the vessels must comply with.

2. From the date this Circular takes effect, new hulls of tourist vessels with overnight accommodation, floating restaurants, and floating hotels shall not be constructed using wood, nor shall vessels originally designed for other purposes be converted into tourist vessels with overnight accommodation, floating restaurants, and floating hotels using wooden hulls.

Article 6. Hull Structure and Equipment

1. The hull structure of tourist vessels with overnight accommodation, floating restaurants, and floating hotels must meet the hull structure requirements for passenger vessels specified in the relevant standards that the vessels must comply with.

2. The equipment of tourist vessels with overnight accommodation, floating restaurants, and floating hotels must meet the requirements specified in the Equipment section of the Classification and Construction Standards for Inland Waterway Vessels TCVN 5801:2005 and other relevant standards that the vessels must comply with.

Article 7. Ship Machinery System

The ship machinery system of overnight cruise tourism vessels, floating restaurants, and floating hotels must meet the requirements set forth in Part Ship Machinery System of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005 and the requirements for the ship machinery system stipulated in other regulations that the vessel must comply with.

 Internal combustion engines shall not be used as the main engine of overnight cruise tourism vessels from the date this Circular takes effect. For vessels equipped with internal combustion engines as the main engine of overnight cruise tourism vessels before the date this Circular takes effect, they must replace the main engine to comply with the provisions of this Circular.

Article 8. Electrical Equipment

The electrical equipment of overnight cruise tourism vessels, floating restaurants, and floating hotels must meet the requirements set forth in Part Electrical Equipment of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005 and the requirements for electrical equipment stipulated in other regulations that the vessel must comply with.

Article 9. Fire Prevention, Detection, and Extinguishing Equipment

1. Fire prevention, detection, and extinguishing equipment of overnight cruise tourism vessels, floating restaurants, and floating hotels must meet the requirements of the Law on Fire Prevention and Fighting, the requirements set forth in Part Fire Prevention and Extinguishing of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005, and the requirements stipulated in other regulations that the vessel must comply with.

2. There must be automatic fire alarm devices in living rooms, service rooms, engine rooms, and control stations.

Article 10. Watertight Integrity

1. The watertight integrity of overnight cruise tourism vessels, floating restaurants, and floating hotels must meet the requirements for passenger ships set forth in Part Watertight Integrity of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005.

2. The safety factor (k) when checking stability according to weather standards for overnight cruise tourism vessels, floating restaurants, and floating hotels as prescribed in TCVN 5801:2005 must be greater than or equal to 2.

Article 11. Compartmentation

1. The compartmentation of overnight cruise tourism vessels, floating restaurants, and floating hotels must meet the requirements set forth in Part Compartmentation of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005.

2. Watertight transverse bulkheads shall not have doors used for passage between compartments. Each compartment must have at least one door measuring 450mm x 600mm leading down from the main deck and ensuring access to all hull structures. For metal-hulled vessels, in exceptional cases, if doors must be installed on watertight transverse bulkheads, these doors must ensure the structural integrity and watertightness of the bulkhead. These doors must be kept closed and their status indicated in the control room.

3. In the case of rigid ballast, the ballast must be fixed to the hull so it does not move during operation but must allow inspection of underlying structures when necessary.

Article 12. Freeboard

The freeboard of overnight cruise tourism vessels, floating restaurants, and floating hotels must meet the requirements set forth in Part Freeboard of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005.

Article 13. Safety Equipment

1. The quantity and arrangement of life-saving equipment on overnight cruise vessels, floating restaurants, and floating hotels must meet the requirements set forth below:

a) Overnight cruise vessels must be equipped with life jackets sufficient for 200% of the number of people on board, including 100% of the life jackets distributed in sleeping cabins and 100% of the remaining life jackets distributed in dining rooms, bars, and work areas appropriately. Additionally, there must be an additional number of life jackets for children equal to 10% of the number of guests. The minimum number of circular life jackets is 8, of which 4 have throwing ropes; each side must be arranged with 4 pieces, of which 2 have throwing ropes. Floating devices must be provided for 100% of the number of people on board.

b) Floating restaurants and floating hotels must be equipped with life jackets sufficient for 100% of the number of people on board and distributed in sleeping rooms, dining rooms, and bars appropriately. The number of children's life jackets is 30% of the number of guests, with a minimum of 8 circular life jackets, of which 4 have throwing ropes; each side must be arranged with 4 pieces, of which 2 have throwing ropes.

c) In addition to the above requirements, the life-saving equipment on overnight cruise vessels, floating restaurants, and floating hotels must also meet the requirements stated in Chapter 1, Part 10 of the Safety Equipment section of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005. If the layout of the vessel makes it difficult to access life-saving equipment, the number of life-saving equipment must be increased compared to the above regulations.

2. Traffic Signals

a) Traffic signals on overnight cruise vessels, floating restaurants, and floating hotels must comply with the provisions of the Law on Inland Waterway Traffic and the requirements stated in the Safety Equipment section of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005.

b) Technical requirements for traffic signal equipment must meet the requirements stated in the Technical Standards for Traffic Signals on Inland Waterway Vessels Regulation issued together with Decision No. 30/2004/QĐ-BGTVT dated December 14, 2004 of the Ministry of Transport.

3. Mooring Equipment

Mooring equipment on overnight cruise vessels, floating restaurants, and floating hotels must meet the requirements stated in the Safety Equipment section of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005.

4. Submergence Rescue Equipment

a) Submergence rescue equipment on overnight cruise vessels, floating restaurants, and floating hotels must meet the requirements stated in the Safety Equipment section of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005.

b) Each compartment must have automatic water level alarm equipment. Water level alarm equipment must create sound and light alarms in the control room when the water level reaches 300 mm in all situations.

5. Cabin Equipment

a) Cabin equipment on overnight cruise vessels, floating restaurants, and floating hotels must meet the requirements stated in the Safety Equipment section of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005; if windows with glass installed as escape doors are used, hammers to break the glass must be provided when necessary. Escape windows must have a minimum size of 400mm x 400mm.

b) All cabin equipment and other decorations on overnight cruise vessels, floating restaurants, and floating hotels must be fixed and non-movable under all weather conditions.

c) Public areas must have at least two emergency exits arranged opposite each other, these exits must ensure they are not blocked during emergencies. Emergency exits from public areas must have quick-release mechanisms and meet the following requirements:

- The mechanism must be located at a height no lower than 760mm but not higher than 1120mm;

- The force applied to the opening mechanism must not exceed 67N;

- There must be no locking mechanism, positioning screws, or obstruction mechanism that prevents the door from opening when force is applied to the opening mechanism.

d) In passenger cabins and public cabins, evacuation diagrams and instructions for using life-saving equipment must be placed in easily visible locations.

6. Crew and Passenger Protection Equipment

a) Crew and passenger protection equipment on overnight cruise vessels, floating restaurants, and floating hotels must meet the requirements stated in the Safety Equipment section of the Classification and Construction Regulations for Inland Waterway Vessels TCVN 5801:2005 and in other applicable regulations.

b) On overnight cruise vessels, floating restaurants, and floating hotels, the following equipment must be provided:

- A public address system to notify passengers of emergency situations individually in their rooms. This system must provide notifications in Vietnamese and English (if there are international guests).

- Equipment to indicate emergency situations through sound and light.

c) On corridors of overnight cruise vessels, floating restaurants, and floating hotels, there must be equipment indicating directions to escape routes through light or luminescent strips for passengers to recognize in all situations.

d) Doors on escape routes must not require keys to open when moving in the direction of escape.

Article 14. Environmental Protection Requirements

1. During operation on inland waterways, overnight cruise vessels, floating restaurants, and floating hotels must comply with regulations on discharging waste and oil-contaminated water as stipulated in the National Technical Regulation on Pollution Prevention Regulations for Inland Waterway Vessels QCVN 17:2011/BGTVT and other environmental protection regulations on inland waterways.

2. In addition to the provisions in Clause 1, the installation of pollution prevention equipment on overnight cruise vessels, floating restaurants, and floating hotels must comply with the following requirements:

a) Oil Pollution Prevention Equipment

- Diesel-powered overnight cruise vessels, regardless of whether they are main or auxiliary engines, with a total power exceeding 220 kW must be equipped with a 15 ppm oil-water separator and an oily water tank. The 15 ppm oil-water separator must ensure that any oil-water mixture passing through the filtration system does not exceed 15 ppm oil content.

- The 15 ppm oil-water separator must have a design approved, inspected during manufacture, installation, and operation.

b) Wastewater Pollution Prevention Equipment

- Tourist cruise vessels, floating restaurants, and floating hotels must be equipped with wastewater treatment facilities or storage tanks for wastewater to be transferred to reception sites for treatment.

- Wastewater treatment facilities must comply with national technical standards on domestic wastewater and have designs that have been approved, and must be inspected during manufacturing, installation, and operation.

c) Equipments to prevent pollution from waste

Tourist cruise vessels, floating restaurants, and floating hotels must be equipped with waste storage facilities to be transferred to reception sites.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Responsibilities of organizations and individuals

1. The Vietnam Maritime Administration is the state management agency for inland waterway vessel inspection work and is responsible for organizing and implementing this Circular.

2. The owners of vessels, design units, new construction facilities, repair and conversion facilities, operators of tourist cruise vessels, floating restaurants, and floating hotels must comply with the provisions of this Circular.

3. For tourist cruise vessels, floating restaurants, and floating hotels existing before the effective date of this Circular, the owners of such vessels have the responsibility to convert and re-equip according to the following timeframes, starting from the date of the Circular's effectiveness:

- The provisions of Article 7 must be implemented within a period not exceeding twenty-four months;

- The provisions of Clause 1, Article 13 must be implemented within a period not exceeding three months;

- Other provisions in this Circular must be implemented within a period not exceeding twelve months.

In special cases, the Ministry of Transport may consider extending the implementation period.

Article 16. Effective Date

This Circular takes effect from May 1, 2013.

Article 17. Implementation Organization

The Director of the Office of the Ministry, the Inspector General of the Ministry, the Directors of the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, the Heads of Departments under the Ministry of Transport, the Directors of Provincial Departments of Transport, and the heads of relevant agencies, organizations, and individuals are responsible for enforcing this Circular./.