Decision No. 48/2005/QD-BGTVT On Reporting and Investigating Marine Accidents

DECISION OF THE MINISTER OF TRANSPORT

On marine accident reporting and investigation

THE MINISTER OF TRANSPORTATION

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Transport Department and the Director General of the Vietnam Maritime Administration,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decision stipulates on marine accident reporting and investigation.

Article 2. Applicability

This Decision applies to agencies, organizations, and individuals related to marine accident reporting and investigation in the following cases:

1. Marine accidents involving Vietnamese ships;

2. Marine accidents involving foreign ships operating in Vietnamese port waters and territorial seas;

3. Marine accidents occurring to public service vessels, fishing vessels, inland waterway vessels, and seaplanes operating in Vietnamese port waters.

Article 3. Classification of marine accidents

Marine accidents include:

1. Particularly serious marine accidents

Particularly serious marine accidents are those causing one of the following damages:

a) Causing death or disappearance of more than three people;

b) Causing injury or harm to health of more than ten people with each person having a disability rate from 31% to 60%;

c) Causing injury or harm to health of six or more people with each person having a disability rate of 61% or higher;

d) Causing damage valued at over one billion Vietnamese dong regarding property, material costs for repairs, towing, salvaging, and disposal of sunken vessels; costs for repairing underwater and surface structures; costs for clearing shipping lanes; costs for environmental remediation;

đ) Blocking shipping lanes for more than 48 hours;

e) Causing simultaneous damage to human life, health, and property, materials falling under two to four cases specified in Clause 2 of this Article;

2. Serious marine accidents

Serious marine accidents are those causing one of the following damages:

a) Causing death or disappearance of one to three people;

b) Causing injury or harm to health of five to ten people with each person having a disability rate from 31% to 60%;

c) Causing injury or harm to health of three to five people with each person having a disability rate of 61% or higher;

d) Causing damage valued from five hundred million to one billion Vietnamese dong regarding property, material costs for repairs, towing, salvaging, and disposal of sunken vessels; costs for repairing underwater and surface structures; costs for clearing shipping lanes; costs for environmental remediation;

đ) Blocking shipping lanes for 24 to 48 hours;

3. Less serious marine accidents

Less serious marine accidents occur in cases not specified in Clauses 1 and 2 of this Article.

Chapter II

MARINE ACCIDENT REPORT

Article 4. Marine accident reporting

Marine accident reporting includes Urgent Reports according to Appendix 1, Detailed Reports according to Appendix 2, and Periodic Reports according to Appendix 3. The content of marine accident reports must be truthful, accurate, and submitted within the prescribed time limit.

Article 5. Urgent Report

1. In case of an accident occurring in Vietnamese waters:

a) The master of the ship or the highest-ranking responsible person on other watercraft must immediately send an Urgent Report to the nearest Port Maritime Office. If these persons cannot submit the Urgent Report, the ship owner, watercraft owner, or agent of the damaged vessel has the responsibility to report.

b) Upon receiving an Urgent Report or learning about an accident, the Port Maritime Office shall immediately forward the Urgent Report or relevant information to the following organizations:

Vietnam Maritime Administration;

Marine Safety Assurance Company, if the accident causes damage or loss of effectiveness of navigation aids or affects maritime safety of vessels;

Organizations or individuals managing or exploiting facilities or equipment, if the accident causes damage or loss to such facilities or equipment;

Department of Natural Resources and Environment, Department of Fisheries, if the accident causes or may cause environmental incidents or damage to fishery resources.

2. In case of an accident involving a Vietnamese ship operating outside Vietnamese waters, the master must report as required by the coastal state and send an Urgent Report to the Vietnam Maritime Administration within 24 hours from the time of the accident. If the accident is particularly serious, the master or ship owner must inform the diplomatic or consular representative of Vietnam in that coastal state to seek assistance in resolving the issue.

3. An Urgent Report can be sent through communication methods such as telegrams, faxes, telex, or email (e-mail).

In case of an accident occurring in port waters, the master of the ship may send an Urgent Report to the Port Maritime Office's duty officer via VHF or ship telephone, but must subsequently submit a written report.

4. For particularly serious marine accidents, upon receipt of the Urgent Report, the Vietnam Maritime Administration must immediately report to the Ministry of Transport.

Article 6. Detailed Report

Following the Urgent Report, the master must submit a Detailed Report within the prescribed time frame as follows:

1. If the accident occurs in port waters, the Detailed Report must be submitted to the Port Maritime Office in that area within 24 hours from the time of the accident.

2. If the accident occurs outside port waters but within Vietnamese territorial waters and the ship docks at a Vietnamese port after the accident, the Detailed Report must be submitted to the Port Maritime Office in that area within 24 hours from the time the ship arrives at its anchorage. If the ship does not dock at a Vietnamese port after the accident, the Detailed Report must be submitted to the Vietnam Maritime Administration within 48 hours from the time the ship or crew members arrive at the first port of call after the accident.

3. If the accident involves a Vietnamese ship operating outside Vietnamese waters, the Detailed Report must be submitted to the Vietnam Maritime Administration within 48 hours from the time the ship arrives at the first port of call after the accident.

Article 7. Periodic Report

Marine accidents occurring within the territorial waters of Vietnam and those involving Vietnamese vessels must be reported periodically in accordance with the following provisions:

1. The shipowner shall establish a logbook to regularly record marine accidents that occur within their fleet, in accordance with Appendix 3.

Quarterly, shipowners must submit a written report to the Vietnam Maritime Administration regarding marine accidents that occurred within their fleet. The quarterly report must be submitted no later than the fifth day of the first month of the subsequent quarter.

2. The Port Maritime Authority shall maintain a logbook to regularly record marine accidents that occur within the port waters and the area under its jurisdiction, as well as marine accidents investigated by its authority.

Monthly and quarterly, the Port Maritime Authority must submit a written report to the Vietnam Maritime Administration on the marine accidents as stipulated in Clause 2 of this Article.

The monthly report must be submitted by the twenty-fifth day of each month.

The quarterly report must be submitted in accordance with Clause 1 of this Article.

3. Quarterly and annually, the Vietnam Maritime Administration must submit a written report to the Ministry of Transport regarding marine accidents that occurred within the territorial waters of Vietnam and those involving Vietnamese vessels, in accordance with Appendix 4.

The quarterly report must be submitted no later than the tenth day of the first month of the subsequent quarter, and the annual report must be submitted no later than January 15th of the following year.

4. Shipowners and the Port Maritime Authority must promptly analyze and assess the causes of marine accidents to implement preventive measures to avoid similar accidents from occurring within their respective fleets or areas under their management.

Chapter III

INVESTIGATION OF MARITIME ACCIDENTS

Article 8. Investigation of Marine Accidents

1. Investigating marine accidents involves determining the conditions, circumstances, causes, or potential causes of marine accidents in order to implement effective preventive measures against similar accidents.

2. Marine accidents must be investigated in accordance with regulations, promptly, comprehensively, and impartially.

Article 9. Responsibility for Investigating Marine Accidents

1. The Director of the Port Maritime Authority is responsible for organizing the investigation of marine accidents occurring within their jurisdiction and other marine accidents assigned by the Vietnam Maritime Administration or competent authorities.

2. Depending on the complexity of the marine accident, the Director of the Port Maritime Authority decides the number of staff to participate in the investigation, but there must be at least two persons with sufficient professional expertise.

3. In special cases, the Director of the Vietnam Maritime Administration or the Minister of Transport may decide to establish an Accident Investigation Team.

Article 10. Staff Investigating Marine Accidents

1. Staff investigating marine accidents are personnel from the Port Maritime Authority who have the necessary qualifications, professional skills, and legal knowledge designated by the Director of the Port Maritime Authority, except in exceptional cases where the staff are appointed by authorized authorities.

2. Staff investigating marine accidents have the following duties:

a) To develop a plan for investigating marine accidents;

b) To submit a written report on the process of investigating marine accidents to the Director of the Port Maritime Authority or the head of the agency tasked with the investigation.

3. Staff investigating marine accidents have the following rights:

a) To request parties related to the marine accident to take measures to preserve the scene;

b) To request individuals involved in the marine accident to provide a written account of the conditions, circumstances, and progression of the marine accident and the relevant parties. If necessary, they must inform these individuals in advance about the time and place of questioning;

c) To request the captain of the vessel to provide copies of the ship's logbook, engine logbook, bell log, radio log, course records, charts of the affected area, and other necessary data about the vessel and equipment onboard;

d) To request the classification society, shipowner, agent, coastal radio station, Marine Search and Rescue Coordination Center, Vessel Traffic Service (VTS) Control Center, Marine Safety Assurance Company, Pilotage Services, and other relevant agencies and organizations to provide information necessary for the investigation of the marine accident;

đ) To visit the site of the marine accident and board the vessel to inspect the scene, examine work locations, and collect samples necessary for the investigation. During these activities, the presence and confirmation of an authorized person on board must be ensured, and any impact on the safe operation of the vessel must be avoided;

e) To inspect and copy administrative registration documents, technical inspection certificates, insurance documents, and technical data of the vessel and related equipment; and professional certificates of crew members to evaluate the technical condition of related equipment and the seaworthiness of the vessel before departure and immediately upon occurrence of the accident;

g) To use audio recording devices, cameras, and video equipment during the investigation if deemed necessary.

Article 11. Time Limit for Investigating Marine Accidents

1. For marine accidents occurring within port waters, the investigation period shall not exceed thirty days from the date of the accident.

2. For marine accidents occurring outside port waters but within the territorial waters of Vietnam, the investigation period shall not exceed thirty days from the date the vessel arrives at the first Vietnamese port after the accident.

3. For marine accidents occurring outside the territorial waters of Vietnam, the investigation period shall be determined by the Director of the Vietnam Maritime Administration.

4. In complex cases, if the investigation of a marine accident cannot be completed within the time limit specified in Clauses 1 and 2 of this Article, the Director of the Port Maritime Authority must promptly submit a written report to the Director of the Vietnam Maritime Administration for consideration and decision on extending the investigation period.

5. For marine accidents investigated by an organization established according to Clause 3 of Article 9, the head of the organization issuing the investigation decision will determine the investigation period and extension thereof.

Article 12. Conducting the Investigation of Marine Accidents

1. Upon receiving the urgent report as prescribed in Article 5 of this Decision or any information regarding a maritime accident occurring within their jurisdiction, the Director of the Maritime Port Authority must verify the received information to initiate the investigation of the maritime accident.

2. The investigation of maritime accidents shall be carried out in the following sequence:

a) Appointing the head investigator, members, and cooperating investigators;

b) Collecting initial information about the maritime accident;

c) Approving the investigation plan proposed by the head investigator;

d) Visiting the site of the maritime accident, boarding vessels to inspect on-site damages and traces left after the accident to determine and collect necessary evidence;

đ) Interrogating individuals related to the maritime accident and witnesses of the maritime accident;

e) Compiling all collected information. If deemed necessary, supplementary inspections and interrogations may be conducted to clarify any remaining issues;

g) Based on current laws governing maritime safety, analyzing all collected information, including conclusions from material and trace examinations related to the maritime accident.

3. For maritime accidents investigated by other agencies according to their functions, the Director of the Maritime Port Authority must conduct the investigation in accordance with this Decision.

4. In cases where necessary, the Director of the Maritime Port Authority may contract with experts knowledgeable in maritime matters, or examination agencies and laboratories to provide advice on specialized fields, examine, and analyze materials related to the maritime accident.

Article 13. Conclusion of the Investigation of Maritime Accidents

1. The content of the conclusion of the investigation of maritime accidents includes:

a) Conclusions on the conditions and circumstances under which the accident occurred; violations, factors, or possibilities that constitute causes of the accident. These conclusions must be based on the law and credible evidence;

b) Measures or recommendations for preventive measures to limit similar accidents;

c) Administrative handling measures within the authority of the Director of the Maritime Port Authority or recommendations for handling measures to be considered and decided upon by competent authorities for actions exceeding the authority of the Director of the Maritime Port Authority.

2. The conclusion of the investigation of maritime accidents must be sent to each relevant party, and a copy must be sent to the Vietnam Maritime Administration no later than the end date of the accident investigation period. In cases of particularly serious maritime accidents, the investigation conclusion document must be sent to the Ministry of Transport.

Copies of the conclusion of the investigation of maritime accidents may be provided to individuals or legal entities directly related to the accident if they request the Maritime Port Authority to provide them in writing.

Article 14. Complaints and Resolution of Complaints

1. In cases where the company managing and operating Vietnamese marine vessels; the owner of the means of transport; the captain, crew, and pilot involved, or the manager of damaged facilities and equipment due to the maritime accident disagree with the conclusions about violations and causes of the accident stated in the investigation conclusion document (hereinafter referred to as the complainant), within thirty days from the date of receipt of the document (according to the postmark), they must submit a complaint to the Director of the Maritime Port Authority who conducted the investigation and announced the conclusion of the investigation of the maritime accident.

Within ten days from the date of receipt of the complaint, the Director of the Maritime Port Authority must accept the case and notify the complainant in writing; if not accepted, the reasons must be clearly stated. The time limit for resolving complaints by the Director of the Maritime Port Authority shall not exceed thirty days from the date of receipt of the complaint; for complex cases, the resolution period may be extended but shall not exceed forty-five days from the date of receipt of the complaint.

The Director of the Vietnam Maritime Administration is responsible for directing, inspecting, and urging the resolution of complaints by the Director of the Maritime Port Authority.

2. Within thirty days from the date of receipt of the decision on the resolution of the complaint by the Director of the Maritime Port Authority, if the complainant disagrees, they have the right to appeal to the Director of the Vietnam Maritime Administration. In this case, the complainant must submit a complaint along with a copy of the decision on the resolution of the complaint by the Director of the Maritime Port Authority and related documents to the complaint.

Within ten days from the date of receipt of the complaint, the Director of the Vietnam Maritime Administration must accept the case and notify the complainant and the Director of the Maritime Port Authority who resolved the complaint in writing; if not accepted, the reasons must be clearly stated. The time limit for resolving complaints by the Director of the Vietnam Maritime Administration shall not exceed forty-five days from the date of receipt of the complaint; for complex cases, the resolution period may be extended but shall not exceed sixty days.

3. Within thirty days from the date of receipt of the decision on the resolution of the complaint by the Director of the Vietnam Maritime Administration, if the complainant disagrees, they have the right to appeal to the Minister of the Ministry of Transport. In this case, the complainant must submit a complaint along with a copy of the decision on the resolution of the complaint by the Director of the Vietnam Maritime Administration.

The procedures and deadlines for accepting and resolving complaints by the Minister of the Ministry of Transport are as stipulated in Clause 2 of this Article. The decision on the resolution of the complaint by the Minister of the Ministry of Transport is the final decision, except where otherwise provided by law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effectiveness

This Decision takes effect from January 1, 2006, and replaces Decision No. 2756/2002/QĐ-BGTVT dated August 29, 2002, issued by the Minister of the Ministry of Transport on the issuance of Regulations on Reporting and Investigating Maritime Accidents.

Article 16. Implementation

The Head of the Office of the Ministry, Heads of relevant Departments of the Ministry of Transport, Director of the Vietnam Maritime Administration, Heads of agencies, units, and individuals concerned are responsible for implementing this Decision./.