Law Amending and Supplementing Certain Articles of the Law on Inland Waterway Transport No. 48/2014/QH13

LAW

Amending and supplementing certain articles of the Law on Inland Waterway Transport

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing Certain Articles of the Law on Inland Waterway Transport number 23/2004/QH11.

Article 1

Amending and supplementing certain articles of the Law on Inland Waterway Transport:

1. Amending and supplementing Clause 1; adding Clauses 28 and 29 of Article 3 as follows:

“1. Inland waterway transport activities include the activities of persons and means of transport participating in inland waterway transport; planning for development, construction, exploitation, protection of inland waterway transport infrastructure; search and rescue operations in inland waterway transport accidents and state management of inland waterway transport.”

“28. Owner of the means of transport is an organization or individual owning the means of transport.

29. Inland waterway transport accident is an accident occurring on inland waterways, in port waters, or at inland waterway wharfs due to collision or incidents related to vessels, ships, fishing boats causing casualties, property damage, hindrance to traffic, or environmental pollution.”

4. Supplementing Clause 6 after Clause 5 of Article 4 as follows:

“3. Development of inland waterway transport must be consistent with the planning for development of transport and ensure national defense and security.

Developing inland waterway transport infrastructure should follow modern and synchronized directions concerning channels, routes, ports, wharfs, cargo handling technology; ensuring traffic safety, disaster prevention, environmental protection, and response to climate change.

Development of inland waterway transport must be integrated synchronously with other modes of transport.”

3. Adding Point 5a after Point 5; amending and supplementing Clause 8 of Article 8 as follows:

“5a. Handing over the means of transport to a person who does not meet the conditions to control the means of transport participating in inland waterway transport.”

“8. Crew members or drivers working on the means of transport whose blood alcohol concentration exceeds 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of exhaled breath, or who use prohibited stimulants.”

4. Amending and supplementing Clause 1 of Article 9 as follows:

“1. Inland waterway transport infrastructure includes inland waterways; navigation channel protection zones; inland waterway ports and wharfs; anchorage areas outside ports; embankments, traffic dams, inland waterway navigation aids, and other auxiliary works.”

5. Amend and supplement Article 13 as follows:

“Article 13. Inland waterway ports and wharfs

1. Inland waterway ports are defined as follows:

a) An inland waterway port is a system of works constructed for the berthing, loading and unloading of goods, boarding and disembarking of passengers, and provision of other supporting services. An inland waterway port has a port land area and a port water area.

The port land area is limited for the construction of piers, warehouses, yards, workshops, offices, service facilities, transportation and communication systems, electricity and water supply, installation of equipment, and other auxiliary works.

The port water area is limited for establishing the water area before the pier, turning basin, anchorage area, transshipment area, unloading area, and typhoon shelter;

b) Inland waterway ports include general-purpose ports, cargo ports, passenger ports, specialized ports, and are classified into Class I, Class II, and Class III ports.

2. Inland waterway wharfs are independent works of small scale, including the land and water areas before the wharf for the berthing, loading and unloading of goods, boarding and disembarking of passengers, and provision of other supporting services. Inland waterway wharfs include cargo wharfs, passenger wharfs, general-purpose wharfs, river-crossing passenger wharfs, and specialized wharfs.

3. Construction of inland waterway ports and wharfs must be consistent with the planning for development of inland waterway transport infrastructure and comply with relevant laws.

Organizations or individuals wishing to construct inland waterway ports and wharfs must obtain written approval from the competent state management agency for inland waterway transport.

4. The Minister of Transport, the Minister of Defense, and the Minister of Public Security shall, based on the scale and scope of impact of inland waterway ports under their jurisdiction, stipulate classification criteria, publish lists of inland waterway ports; classify technical levels, stipulate technical standards for inland waterway ports, and standards for inland waterway wharfs.”

6. Adding Point e to Clause 3 of Article 15 as follows:

“e) The owner of hydraulic or hydroelectric works or the representative of the owner of hydraulic or hydroelectric works when operating such works must notify the competent state management agency for inland waterway transport according to the provisions of the law.”

7. Amend and supplement Article 24 as follows:

“Article 24. Conditions for operation of vessels

1. For vessels without engines with a total gross weight over 15 tons, vessels with engines having a main engine power exceeding 15 horsepower, and vessels carrying more than 12 people operating on inland waterways, the following conditions must be met:

a) Meeting the quality standards, technical safety, and environmental protection requirements as stipulated in Clause 3 and Clause 4, Article 26 of this Law;

b) Possessing a registration certificate for inland waterway vessels, a technical safety and environmental protection certificate; marking or affixing the registration number, safe draft marks, and recording the permitted passenger capacity on the vessel;

c) Having sufficient crew complements and crew lists as prescribed.

2. For vessels with engines having a main engine power from 5 to 15 horsepower or carrying from 5 to 12 people operating on inland waterways, the conditions specified in point a and point b of Clause 1 of this Article must be met.

3. For vessels without engines with a total gross weight from 1 to 15 tons or carrying from 5 to 12 people, vessels with engines having a main engine power under 5 horsepower or carrying fewer than 5 people operating on inland waterways, they must have a registration certificate for inland waterway vessels and ensure safety conditions as follows:

a) The hull of the vessel must be sturdy, not allowing water to enter inside; the vessel must display a white light visible from a distance if operating at night; passenger-carrying vessels must provide adequate seating for passengers to balance on the vessel and have sufficient life jackets or lifesaving equipment for the permitted passenger capacity;

b) The engine installed on the vessel must be securely mounted, safe, easy to start, and operate stably;

c) The vessel must be marked or affixed with the registration number and record the permitted passenger capacity on the vessel;

d) The vessel must be painted with safe draft marks, and when carrying passengers or cargo, it shall not submerge above the safe draft mark. The safe draft mark of the vessel is painted as a line of a different color from the side paint of the vessel; the painted line has a width of 25 millimeters and a length of 250 millimeters horizontally on both sides at the midpoint of the largest length of the vessel; the top edge of the painted line is 100 millimeters away from the side edge for cargo-carrying vessels, and 200 millimeters away for passenger-carrying vessels.

4. For primitive vessels with a total gross weight under 1 ton or carrying fewer than 5 people or rafts operating on inland waterways, the safety conditions specified in point a of Clause 3 of this Article must be met.

5. Vessels must meet the service life requirements as prescribed by the Government.

8. Amend and supplement Clause 3 of Article 25 as follows:

"3. Vessels must re-register in the following cases:

a) Transfer of ownership;

b) Change of name or technical characteristics;

c) The headquarters or place of permanent residence of the vessel owner moves to another provincial administrative unit;

d) Transfer of registration from another registration authority to the inland waterway vessel registration authority."

9. Amend and supplement Article 28 as follows:

“Article 28. Imported Vessels

Imported vessels must meet the quality, technical safety, and environmental protection standards as prescribed by law and ensure the service life of imported vessels as prescribed by the Government.

10. Amend and supplement Clause 1 of Article 30 as follows:

"1. Certificates of professional competence for masters and chief engineers have a validity period of five years and are classified as follows:

a) Certificates of professional competence for masters are classified into Class I, Class II, Class III, and Class IV;

b) Certificates of professional competence for chief engineers are classified into Class I, Class II, and Class III."

11. Amend and supplement Article 32 as follows:

“Article 32. Conditions for taking the examination to upgrade the certificate of professional competence for ship captains and chief engineers

1. Persons taking the examination to upgrade the certificate of professional competence for ship captains and chief engineers must meet the following conditions:

a) Comply with the conditions stipulated in point a and point b, Clause 2, Article 29 of this Law;

b) Have sufficient time working in the corresponding position as specified in the certificate of professional competence or training position;

c) Participate in the training course for upgrading the examination.

2. The Minister of Transport shall provide detailed regulations on the working time as specified in point b, Clause 1 of this Article and the conditions for taking the examination to upgrade the certificate of professional competence for ship captains and chief engineers, except for cases provided for in Clause 3 of this Article.

3. The Minister of National Defense and the Minister of Public Security shall provide detailed regulations on the conditions for taking the examination to upgrade the certificate of professional competence for ship captains and chief engineers of vessels assigned national defense and security tasks.

12. Amend and supplement Article 33 as follows:

 “Article 33. Assumption of the Position of Ship Captain

1. Seafarers holding a certificate of professional competence for ship captain may assume the position of ship captain on types of vessels corresponding to the grade of their certificate of professional competence for ship captain.

2. Seafarers holding a higher-grade certificate of professional competence for ship captain may assume the position of ship captain on types of vessels designated for lower-grade ship captains.

3. Seafarers holding a certificate of professional competence for ship captain may assume the position of first officer on types of vessels designated for higher-grade ship captains.

4. The Minister of Transport shall provide detailed regulations on seafarers assuming the position of ship captain, except for cases provided for in Clause 5 of this Article.

5. The Minister of National Defense and the Minister of Public Security shall provide detailed regulations on seafarers assuming the position of ship captain on vessels assigned national defense and security tasks.

13. Amend and supplement Article 34 as follows:

“Article 34. Assumption of the Position of Chief Engineer

1. Seafarers holding a certificate of professional competence for chief engineer may assume the position of chief engineer on types of vessels corresponding to the grade of their certificate of professional competence for chief engineer.

2. Seafarers holding a higher-grade certificate of professional competence for chief engineer may assume the position of chief engineer on types of vessels designated for lower-grade chief engineers.

3. Seafarers holding a certificate of professional competence for chief engineer may assume the position of first engineer on types of vessels designated for higher-grade chief engineers.

4. The Minister of Transport shall provide detailed regulations on seafarers assuming the position of chief engineer, except for cases provided for in Clause 5 of this Article.

5. The Minister of National Defense and the Minister of Public Security shall provide detailed regulations on seafarers assuming the position of chief engineer on vessels assigned national defense and security tasks.

14. Amend and supplement point a, Clause 1, Article 35 as follows:

"a) At least 18 years old;"

15. Add Article 35a after Article 35 as follows:

“Article 35a. Reporting Inland Waterway Incidents

1. Reporting inland waterway incidents is a document notifying the circumstances of the vessel, ship, or fishing boat encountered and the measures taken by the ship captain or vessel operator to mitigate the situation and minimize losses, established by the ship captain or vessel operator to protect the legitimate rights and interests of the vessel owner, ship owner, fishing boat owner, and related parties.

2. Reporting inland waterway incidents must be carried out from the moment the vessel, ship, or fishing boat docks at the first inland waterway port after the incident occurs, or no later than three working days from the time of the incident at one of the inland waterway port management agencies, inland waterway management units, inland waterway police, or nearest People's Committee where the incident occurred.

3. The Minister of Transport shall provide procedures for confirming the reporting of inland waterway incidents.

16. Amend and supplement Clause 2, Article 47 as follows:

"2. Five short rapid blasts is a signal that the vessel cannot give way;"

17. Amend and supplement Clause 1, Article 55 as follows:

"1. At night, display two red lights vertically at the highest position of the vessel, if still moving by inertia, vessels of type A must also display side lights and a white stern light, vessels of type B must also display a combined red and green light;"

18. Amend and supplement Clause 1, Article 71 as follows:

"1. The inland waterway port management agency is the agency implementing specialized state management functions for inland waterway transport at ports and inland waterway wharfs; on routes when assigned by the Minister of Transport to ensure compliance with laws on inland waterway traffic order and safety and environmental protection;"

19. Amend and supplement Clauses 2, 3, and 4, Article 72 as follows:

"2. Inspect compliance with laws on safety, security, and environmental protection of vessels; inspect certificates of professional competence and qualifications of seafarers and vessel operators; issue permits for vessels to enter and leave ports and wharfs.

3. Prohibit vessels from entering or leaving ports and wharfs when they or the ports do not meet safety, security, and environmental protection requirements or when the ports do not have the necessary operational conditions as prescribed by law.

4. Implement route management as assigned by the Minister of Transport; notify the current status of routes to vessels."

20. Amend and supplement Clauses 1, 2, and 5, Article 77 as follows:

"1. Inland waterway transport operations include non-commercial transport activities and commercial transport activities.

2. Commercial inland waterway transport operations are conditional business activities, including passenger transport and cargo transport.

The Government shall prescribe the conditions for commercial inland waterway transport operations.

"5. The obligation to purchase civil liability insurance in inland waterway transport operations is regulated as follows:

a) The subject operating passenger transport must purchase civil liability insurance for the owner of the means of transport towards passengers and third parties;

b) The owner of the means of transport specified in Clause 1 of Article 24 of this Law when conducting cargo transportation must purchase civil liability insurance for third parties;

c) Conditions and insurance premiums shall be implemented in accordance with the provisions of the law on insurance business.”

21. Supplement Article 98a after Article 98 as follows:

“Article 98a. Leasing of Means of Transport

1. Leasing of means of transport shall be carried out through a written contract between the owner of the means of transport and the lessee of the means of transport.

2. Forms of leasing of means of transport include:

a) Leasing of means of transport without crew working on the means of transport;

b) Leasing of means of transport and crew working on the means of transport.

3. The owner of the leased means of transport has the following responsibilities:

a) Ensuring that the means of transport is in a safe condition, meeting the conditions and standards prescribed by law when transferring the means of transport to the lessee;

b) In the case of leasing the means of transport and crew working on the means of transport, ensuring the working conditions and standards of the crew on the means of transport; paying wages and remuneration to the crew and other benefits as prescribed by law.

4. The lessee of the means of transport has the following responsibilities:

a) Using the means of transport and crew in accordance with the terms of the contract and the provisions of law;

b) Ensuring the working conditions and standards of the crew on the means of transport; paying wages and remuneration to the crew and other benefits as prescribed by law in the case provided for in point a of Clause 2 of this Article;

c) Not allowing others to sublease the means of transport or crew on the leased means of transport, except with the written consent of the owner of the means of transport; not using the leased means of transport as collateral;

d) Being responsible for ensuring safety and protecting the environment during the use of the means of transport; if discovering a situation of loss of safety and causing environmental pollution of the means of transport, they must suspend exploitation and immediately inform the owner of the means of transport to take appropriate measures to remedy.”

22. Supplement Chapter VIIa after Article 98a as follows:

"PART VIIa

SEARCH AND RESCUE OF INLAND WATERWAY TRAFFIC

Section 1. SEARCH AND RESCUE OF INLAND WATERWAY TRAFFIC

Article 98b. Search and Rescue of Inland Waterway Traffic

1. Searching inland waterways is the use of forces, means, and equipment to determine the location of people and means of transport in distress on inland waterways, port waters, and inland waterway terminals.

2. Rescuing inland waterway traffic is the activity of rescuing people in danger from threats to their lives, including first aid or other measures to bring people in distress on inland waterways, port waters, and inland waterway terminals to a safe position.

3. A search and rescue situation of inland waterway traffic is a disaster caused by natural disasters, catastrophes, or accidents on inland waterways, port waters, and inland waterway terminals that pose a risk or are actually threatening, causing losses to people that require timely and appropriate measures to minimize potential damage.”

Article 98c. Principles and organization of inland waterway traffic search and rescue operations

1. Inland waterway traffic search and rescue operations must ensure the following principles:

a) Information about accidents, incidents, and requests for search and rescue must be promptly and accurately reported to the inland waterway traffic search and rescue authority;

b) Timely and urgent actions must be taken using local forces and means, with close coordination among participating search and rescue forces;

c) Prioritize saving lives and minimize human and property losses to the lowest extent possible;

d) When conducting search and rescue operations, ensure safety for persons and means participating in such operations.

2. The Ministry of Transport and provincial People's Committees shall take the lead and coordinate with relevant search and rescue agencies and units to organize inland waterway traffic search and rescue operations according to the Prime Minister's decision.

Article 98d. Responsibilities of organizations and individuals when inland waterway traffic accidents occur

1. The captain, driver of the vessel, and persons present at the location of the inland waterway traffic accident or who discover persons or vessels in distress on inland waterways must take all measures to promptly and urgently rescue persons, vessels, ships, fishing boats, and distressed property; report to the nearest inland waterway traffic search and rescue authority; determine the position of the distressed vessel, incident, and protect evidence related to the accident.

2. Search and rescue agencies and units receiving reports must immediately dispatch personnel and means to the location of the accident or where
persons or vessels in distress were discovered; have the right to mobilize personnel and means to rescue and provide medical care to victims, protect distressed property, vessels, evidence, and traces related to the accident; ensure smooth traffic order and safety; in cases where the accident or incident poses a threat to the environment, they must immediately report to the environmental protection management agency.

3. Public security agencies upon receiving information about an accident on inland waterways must promptly deploy forces to participate in search and rescue operations; conduct investigations and handle according to the provisions of the law.

4. The People's Committee of the commune where the accident occurred or where the victim was found has the responsibility to direct and mobilize forces to ensure public security and assist victims; in cases where there are deceased persons whose whereabouts are unknown, without relatives, or whose relatives are unable to bury or cremate them, the People's Committee of the commune has the responsibility to organize burial or cremation after the competent state agency completes the procedures according to the provisions of the law.

Article 98d. Ensuring conditions for inland waterway traffic search and rescue operations

1. Search and rescue agencies for inland waterway traffic are equipped with specialized rescue equipment and means according to the Prime Minister's decision to meet the requirements and tasks of rescue operations.

2. Organizations and individuals with means participating in search and rescue operations are entitled to reimbursement and support according to the provisions of the law.

3. Financial resources ensuring inland waterway traffic search and rescue operations include:

a) State budget;

b) Sponsorship, support, aid, and voluntary contributions from organizations and individuals for search and rescue activities;

c) Other lawful sources.

Section 2. INLAND WATERWAY TRAFFIC RESCUE

Article 98e. Inland Waterway Traffic Rescue

1. Inland waterway traffic rescue is the activity of rescuing vessels, fishing boats, or property on vessels, fishing boats from danger or supporting activities including towing or pushing vessels, fishing boats that are in danger on inland waterways, port waters, inland waterway wharves.

2. Inland waterway traffic rescue shall be carried out based on an agreement between the rescue organization or individual (hereinafter referred to as the rescuer) and the owner of the vessel, fishing boat being rescued (hereinafter referred to as the rescued party).

3. Disputes regarding payment for rescue services shall be resolved in accordance with civil law regulations.

Article 98g. Obligations of the Rescuer and the Rescued Party

1. The rescuer has the following obligations:

a) To carry out the rescue agreement;

b) To actively conduct the rescue operation;

c) To apply appropriate measures to minimize damage to vessels and property and prevent environmental pollution;

d) To request assistance from other rescue organizations or individuals when necessary;

đ) To accept rescue actions from other rescue organizations or individuals at the reasonable request of the rescued party.

2. The rescued party has the following obligations:

a) To carry out the rescue agreement;

b) To cooperate with the rescuer throughout the rescue process;

c) To prevent environmental pollution during the rescue process.”

23. Supplement Clause 98h to Chapter VIII and before Article 99 as follows:

“Article 98h. Contents of State Management of Inland Waterway Traffic

1. Developing, directing, and implementing strategies, plans, policies for the development and ensuring safety of inland waterway traffic.

2. Issuing and organizing the implementation of regulatory legal documents, standards, technical regulations on inland waterway traffic.

3. Promoting, disseminating, and educating about laws on inland waterway traffic; guiding and inspecting the implementation of measures to ensure safety of inland waterway traffic.

4. Managing, maintaining, and protecting infrastructure for inland waterway traffic.

5. Organizing registration, inspection of inland waterway vessels; issuing, revoking certificates of registration, certificates of technical safety and environmental protection for inland waterway vessels.

6. Managing, training, issuing, renewing, and revoking certificates of professional competence for crew members and drivers of inland waterway vessels.

7. Managing inland waterway transportation activities.

8. Organizing the implementation of disaster prevention, climate change response, search and rescue operations for inland waterway traffic.

9. Protecting the environment in inland waterway transportation activities.

10. Organizing research, application of science and technology; training human resources in the field of inland waterway traffic.

11. Inspecting, handling complaints, accusations, and dealing with violations of laws on inland waterway traffic.

12. International cooperation in inland waterway traffic.”

24. Supplement Clause 3a after Clause 3 of Article 99 as follows:

"3a. The Ministry of National Defense shall take the lead, in coordination with the Ministry of Transport, the Ministry of Public Security, and the Ministry of Agriculture and Rural Development to manage state affairs concerning inland waterway traffic within the defense and security sectors in accordance with this Law and related laws."

25. Supplement Article 101a to Chapter IX, before Article 102 as follows:

"Article 101a. Application of Laws to Activities of Vessels Outside the Scope of Managed and Exploited Waterways

Activities of vessels outside the scope of managed and exploited waterways must comply with the provisions of this Law regarding inland waterway vessels; crew members and drivers of vessels; rules of navigation and signals of vessels; inland waterway transportation; inland waterway traffic accidents; search and rescue operations for inland waterway traffic, and relevant laws.

Provincial People's Committees have the responsibility to organize warnings in dangerous areas for the activities of vessels outside the scope of managed and exploited waterways."

Article 2

1. Amend some terms in the Law on Inland Waterway Traffic as follows:

a) Replace the term "horsepower" with "horse strength" in Clauses 18, 19, and 20 of Article 3; Clause 1 and Clause 2 of Article 35; Clauses 1, 2, and 4 of Article 49; Article 80;

b) Replace the term "certificate" with "certificate of professional competence" in Clause 6 of Article 8; Point c of Clause 2 of Article 29; Name of Article and Clause 3 of Article 30; Name of Article, Clauses 2, 3, and 4 of Article 31;

c) Replace the phrase "floods, typhoons" with "natural disasters" in Clause 1 of Article 10; Article 11; Clause 2 of Article 22 and Clause 5 of Article 99;

d) Replace the phrase "Provincial People's Committee" with "People's Committees at all levels" in Clause 8 of Article 25;

đ) Replace the term "approve" with "review" in Point a of Clause 1 of Article 26; replace the term "endorse" with "review" in Clause 2 of Article 27;

e) Replace the phrase "Vietnamese standards, industry standards" with "national standards, national technical regulations" in Clause 2 of Article 26;

g) Replace the phrase "Inland Waterway Traffic Police" with "Inland Waterway Police" in the introductory paragraph of Article 65; the introductory paragraph of Article 66 and Clause 3 of Article 99;

h) Replace the phrase "Ministry of Fisheries" with "Ministry of Agriculture and Rural Development" in Clause 3 and Clause 4 of Article 99;

i) Replace the phrase "on inland waterway traffic" with "on inland waterways" in Clause 3 of Article 99.

2. Supplement the phrase "the charterer of the vessel" after the phrase "the owner of the vessel" in Clause 1 of Article 29.

3. Supplement the phrase "certificate of professional competence," after the phrase "various types" in Clause 3 of Article 31.

4. Supplement the phrase "fishing boats" after the phrase "vessels" in Clause 2 of Article 36.

5. Supplement the phrase "narrow channels, restricted channels" after the phrase "sharp bends" in the name of Article 37, Clause 2 of Article 37 and Clause 4 of Article 44.

6. Remove the phrase "floods, typhoons" in Point b of Clause 1 of Article 21.

7. Remove the phrase "Minister of Fisheries" in Clause 6 of Article 25; Clause 4 of Article 26; Clause 5 of Article 29; Clause 4 of Article 31; Clause 5 of Article 69.

8. Remove the phrase "fishing boats" in Clause 6 of Article 25; Clause 4 of Article 26; Clause 5 of Article 29; Clause 4 of Article 31.

9. Delete the phrase "fish port, fish landing site" from Clause 5 of Article 69.

10. Repeal Article 7.

Article 3

1. This Law takes effect from January 1, 2015.

2. A master's certificate or engineer's certificate issued before January 1, 2015 shall continue to be valid until December 31, 2019.

3. The Government shall provide detailed regulations for the provisions assigned in this Law.

 This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the seventh session of the XIIIth term, on June 17, 2014../.