Circular No. 47/2011/TT-BGTVT on receiving, transmitting, and processing maritime security information

CIRCULAR

Regulations on receiving, transmitting, and processing maritime security information

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The Government promulgates this Decree amending and supplementing certain articles of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in maritime, island, and continental shelf areas of the Socialist Republic of Vietnam.

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;

Pursuant to Decision No. 125/2004/QĐ-TTg dated July 9, 2004 of the Prime Minister on announcing, receiving, transmitting, and processing maritime security information;

Based on Decision No. 11/2009/QĐ-TTg dated January 16, 2009 of the Government Chairman amending and supplementing some articles of Decision No. 125/2004/QĐ-TTg dated July 9, 2004 of the Government Chairman on announcing, receiving, transmitting, and processing maritime security information;

The Minister of Transport stipulates regulations on receiving, transmitting, and processing maritime security information as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates receiving, transmitting, and processing maritime security information according to the amendments and supplements to the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74) in 2002 and the International Ship and Port Facility Security Code (ISPS Code).

Article 2. Applicability

2. National Treasury units at all levels;

1. The following types of international route vessels:

a) Passenger ships;

b) Cargo ships with a total gross tonnage of 500 GT or more;

c) Offshore mobile drilling units.

2. Seaports receiving vessels operating on international routes as specified in Clause 1 of this Article.

3. Organizations and individuals from Vietnam and foreign countries exploiting vessels on the international routes specified in Clause 1 of this Article (hereinafter referred to as ship companies).

4. Organizations and individuals from Vietnam and foreign countries managing and exploiting seaports as specified in Clause 2 of this Article (hereinafter referred to as port enterprises).

5. Organizations and individuals related to maritime security information management.

Chapter II

RECEIVING, TRANSMITTING AND PROCESSING

MARITIME SECURITY INFORMATION

Article 3. Receiving, transmitting, and processing maritime security information of the Maritime Security Information Center and Port Maritime Service

1. The Maritime Security Information Center

Immediately upon receipt of the security level notification from the Coast Guard Department, the Maritime Security Information Center must relay such information to:

a) Port Maritime Service;

b) Port enterprises, port security officers;

c) Ship companies, ship company security officers;

d) Relevant foreign authorities, while simultaneously notifying the Consular Department - Ministry of Foreign Affairs. In cases where it is impossible to contact the authority of the country whose flag the vessel flies, the Center requests the Consular Department to notify relevant foreign authorities through diplomatic channels.

2. Port Maritime Service

Immediately upon receipt of information from the Maritime Security Information Center, the Port Maritime Service must notify:

a) Vessels expected to arrive or currently operating at seaports within its jurisdiction;

b) Border Guard Force at seaport border gates.

Article 4. Receiving, transmitting, and processing maritime security information of Vietnamese ship company security officers, ship security officers of the ship company, and related agencies

1. Immediately upon receipt of information from the Maritime Security Information Center, the ship company and the company's security officer shall promptly inform their ship security officers about the maritime security level and changes in the maritime security level for application to the next voyage.

2. Based on the assessment of potential risks to people, property, or the environment arising from interactions between ships and ports, the ship security officer may request the port security officer or the competent authority at a foreign port to sign a security agreement in the following situations:

Point a. The shipping vessel is operating at a higher security level than the port or other vessels it is communicating with;

b) There is an agreement on a security commitment between the Government of the Socialist Republic of Vietnam and the Governments of other member states of the SOLAS 74 Convention for certain international routes or specific vessels operating on those routes;

Point c. There exists a security threat or security incident involving the shipping vessel or the port;

d) A vessel is located at a port that does not require and implement an approved Port Facility Security Plan.

Point đ. The shipping vessel is communicating with another vessel which is not required to have and implement an approved Vessel Security Plan.

3. The security agreement prescribed in Clause 2 of this Article must be kept on board the vessel for a minimum period of ten consecutive ports visited since signing the agreement.

4. Prior to passing through areas warned of security threats, the master and ship security officer must communicate with piracy alert centers to coordinate anti-piracy measures.

Article 5. Reception, transmission, and processing of maritime security information of ships and relevant agencies at seaports

Clause 1. In the case of foreign shipping vessels arriving at Vietnamese ports

a) At least 24 hours before entering the territorial waters of the Socialist Republic of Vietnam, the ship's captain, ship owner, or agent of the ship owner, or agent of the ship operator must directly contact the Maritime Port Office at the port where the ship is expected to arrive to:

- Report on the level of security currently maintained on their ship and other related maritime security information (in accordance with the model attached as Appendix I of this Circular);

- Receive notifications from the Maritime Port Office regarding the level of security currently applied at the port and the security measures that need to be implemented on the ship.

b) After receiving the relevant maritime security information about the ship as stipulated in point a, Clause 1 of this Article, the Maritime Port Office must notify the port security officer where the ship will dock.

c) Based on the assessment of potential risks to people, property, or the environment arising from communication activities between the ship and the port, the port security officer must sign a security commitment with the ship. The security commitment is kept at the port.

d) When there is a change in the security level on the ship or at the port from the time of previous communication, the ship's security officer and the port security officer must immediately inform each other to promptly address the situation.

2. In the case of Vietnamese and foreign ships departing from Vietnamese seaports

Upon request, the Maritime Port Office at the departure port must report relevant maritime security information to the ship's security officer before the ship departs from the Vietnamese seaport to update information related to the voyage.

Article 6. Reporting System

1. Urgent Report

a) Within four hours of receiving the security level notification from the Marine Police Department, the Maritime Security Information Center must report the situation to the Vietnam Maritime Administration and relevant agencies as prescribed.

b) Upon receiving accurate information about a security incident involving the ship and the port (which has been verified), the Maritime Security Information Center must immediately report to relevant agencies to promptly address and resolve the issue.

2. Annual Report

By January 25th each year, the Vietnam Maritime Administration and the Vietnam Ship Survey Bureau must compile a report for the Ministry of Transport on the management of maritime security information in the previous year.

3. Methods of Submitting Reports

The security report is sent via fax, telephone, or email to ensure timeliness, followed by submission of a written report through postal service.

Chapter III

COOPERATION IN SIMULATIONS AND PRACTICE MARITIME SECURITY INFORMATION

Article 7. Cooperation in maritime security simulations

1. Responsibilities of the Maritime Security Information Center

a) Cooperate with agencies under the Ministry of National Defense, the Ministry of Public Security, port enterprises, and shipping companies in conducting maritime security simulations;

b) Receive and process simulation information from port enterprises, shipping companies, and ships;

c) Notify relevant agencies about the organization of simulations;

d) Directly participate in maritime security information simulations at port enterprises, shipping companies, or ships according to approved plans when requested by these entities.

2. Responsibilities of shipping companies and port enterprises

a) Annually cooperate with the Maritime Security Information Center to organize maritime security information simulations according to approved security plans;

b) The simulation time must be reported to the Maritime Security Information Center and the local Maritime Port Office ten days in advance.

3. Responsibilities of the Maritime Port Office

Cooperate with the Maritime Security Information Center, port enterprises, shipping companies, and ships in conducting maritime security simulations according to approved port and ship security plans.

Article 8. Maritime security information connection training and confirmation of results

1. Content of training

a) Operation of maritime security alarm systems on ships;

b) Operation of communication systems at seaports;

c) Reception, transmission, and processing of maritime security information.

2. Provisions on training and confirmation of connection and information processing training results

a) Annually, shipping companies, port enterprises, and ships shall be responsible for conducting maritime security information connection and processing training with the Maritime Security Information Center once, and the interval between two trainings shall not exceed 18 months;

b) Prior to conducting the training, notification and agreement with the Maritime Security Information Center regarding the training plan must be made (in accordance with Form II attached);

c) The Maritime Security Information Center will receive and process information; issue a Certificate of Training Connection Information Results to shipping companies and port enterprises (in accordance with Form III attached);

d) The deadline for issuing the Certificate of Training Connection Information Results for maritime security: Within five working days from the completion of the training achieving the result, the Center must send the Certificate to shipping companies and port enterprises via fax, postal service, or email;

e) The Certificate of Training Connection Information Results serves as the basis for the Vietnam Maritime Administration and the Vietnam Ship Survey Bureau to evaluate and certify the security system to issue Certificates of Compliance for ports and International Ship Security Certificates;

Chapter IV

IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from September 1, 2011, replacing Circular No. 25/2004/TT-BGTVT dated October 13, 2004, issued by the Minister of Transport guiding the reception, transmission, and processing of maritime security information for ships, shipping companies, port enterprises, and relevant agencies at seaports.

Article 10. Implementation Organization

1. The Vietnam Maritime Administration and the Vietnam Ship Survey Bureau are responsible for implementing this Circular.

2. The Director of the Ministry's Office, the Inspector General, Heads of Departments under the Ministry, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.

3. In case of difficulties during implementation, agencies, organizations, and individuals are requested to promptly report to the Ministry of Transport for consideration and resolution./.