Circular No. 49/2014/TT-BGTVT on safety inspection of containers transported through Vietnamese seaports

CIRCULAR

Regulations on safety inspection of containers

transported through Vietnamese seaports

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Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the International Convention for Safe Containers 1972;

At the proposal of the Director of the Vietnam Maritime Administration and the Head of the Legal Department,

The Minister of Transport issues this Circular regulating the safety inspection of containers transported through Vietnamese seaports.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the safety inspection of containers transported through Vietnamese seaports.

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the activity of inspecting the safety of containers transported through Vietnamese seaports.

Article 3. Explanation of Terms

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

1. Container is a component of transport equipment that is durable and sufficiently strong for multiple uses; it allows convenient loading and unloading, especially when transferring from one mode of transport to another. Containers are designed and manufactured according to specified standards.

2. The container owner is an organization or individual managing, operating, using the container or the person responsible for repairing and maintaining the container.

3. A container repair and maintenance facility is a facility that complies with the provisions of the National Technical Regulation on Inspection and Manufacturing of Containers for Transport on Various Modes of Transport.

Article 4. Contents of container safety inspection

1. Inspection of the Safety Certificate of Containers.

2. Inspection of the safety condition of containers.

Chapter II

INSPECTION OF CONTAINER SAFETY

Article 5. Plan for container safety inspection

1. The maritime port area authority shall develop a plan for inspecting container operations in the area.

2. Before conducting the inspection, the Director of the maritime port area authority shall issue a decision and notify the container owner or the container repair and maintenance facility within the seaport waters.

Article 6. Inspection of the Safety Certificate of Containers

1. The maritime port area authority shall inspect the Safety Certificate of Containers according to the following contents:

a) The installation of the Safety Certificate of Containers (whether the container has the certificate installed or not; whether the installation meets the specifications or not);

b) The size of the Safety Certificate of Containers;

c) The parameters recorded on the Safety Certificate of Containers (including the date of inspection and maintenance).

2. The model of the Safety Certificate of Containers is prescribed in the National Technical Regulation on Inspection and Manufacturing of Containers for Transport on Various Modes of Transport.

Article 7. Inspection of the safety condition of containers

The maritime port area authority shall inspect the safety condition of containers in accordance with the National Technical Regulation on Inspection and Manufacturing of Containers for Transport on Various Modes of Transport according to the following contents:

1. Inspection of structural parts:

a) Local deformation of the upper rail;

b) Local deformation perpendicular to the lower rail;

c) Local deformation of the bottom.

d) Local deformation of the door threshold;

đ) Local deformation of the corner post;

e) Angles and intermediate structures;

g) Underframe structure;

h) Locking bars.

2. Inspection of the container shell:

a) The outer surface of the container;

b) The inner floor surface of the container;

c) Watertightness.

Article 8. Suspension of container operation

1. Containers shall be suspended from operation in the following cases:

a) Containers without a Safety Certificate of Containers installed or improperly installed;

b) Containers not inspected and maintained within the required period;

c) Containers damaged and posing a risk of safety hazard as stipulated in the National Technical Regulation on Inspection and Manufacturing of Containers for Transport on Various Modes of Transport.

2. The maritime port area authority shall issue a notice suspending the operation of containers according to the form prescribed in Appendix I of this Circular.

3. For containers suspended from operation under the circumstances prescribed in Clause 1 of this Article, the container owner must fulfill the following obligations:

a) Repair and rectify defects, restore the safe condition of the container at a container repair and maintenance facility and submit the completion results of the repairs to the maritime port area authority before resuming container operations.

b) In case the container owner sends the container abroad for repair, they must inform the maritime port area authority. Sending the container abroad for repair must ensure maritime safety and security and prevent environmental pollution.

Article 9. Consolidation and Reporting Work

Within the first ten days of each quarter, the Marine Port Office in the region must submit to the Vietnam Maritime Administration a quarterly report on the consolidation of container inspection results according to the reporting form specified in Appendix II of this Circular.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of Agencies, Organizations, and Individuals

1. Responsibilities of the Vietnam Maritime Administration

a) Implementing the provisions of this Circular;

b) Directing the Marine Port Offices in the regions to disseminate and guide the provisions of this Circular to container-operating ports within their regions, while coordinating with the Customs Department and the Inspection Sub-Department in the region in the inspection of container safety.

2. Responsibilities of the Container Owner

a) Adhering to the provisions of this Circular and the national technical regulations concerning the inspection and manufacture of containers for transportation;

b) Maintaining the safety condition of the container, not altering the information recorded on the Container Safety Certificate.

Article 11. Effective Date

This Circular takes effect from December 15, 2014.

Article 12. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Maritime Administration, the Directors of Marine Port Offices, relevant agencies, organizations, and individuals are responsible for implementing this Circular./.