Circular No. 52/2017/TT-BGTVT on the maintenance of maritime works

CIRCULAR

Article 24Regulations on the maintenance of maritime works

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Construction Law dated June 18, 2014;

Decree No. 12/2017/NĐ-CP dated February 10, 2017, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Based on Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government detailing some provisions of the Vietnam Maritime Code regarding the management of maritime activities;

WHEREAS, Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

At the proposal of the Director of the Infrastructure Department,

The Minister of Transport hereby issues this Circular on the maintenance of maritime works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the maintenance of maritime works. For maritime works serving defense and security purposes, they shall be implemented in accordance with the regulations of the Ministry of National Defense and the Ministry of Public Security.

2. This Circular applies to organizations and individuals related to the maintenance of maritime works within the territory of Vietnam.

Article 2. Interpretation of Terms

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

1. Maritime works include: ports; wharves; mooring buoys; anchorage areas for cargo transfer and storm shelters; coastal radio stations; shipbuilding and repair facilities: shipbuilding dry docks, ship berthing basins, and other ship lifting facilities (ramps, piers, ship lift platforms); shipping channels; lighthouses; leading lights; ferry terminals; offshore ports and wharves; specialized ports and marine structures (mooring buoys, pneumatic dams, multifunctional floating ports); vessel traffic services systems (VTS); breakwaters; sand barriers; bank protection revetments; shoreline protection revetments.

2. The project investor is an agency, organization, or individual owning capital, borrowing capital, or directly managing and using capital to implement maritime construction projects.

3. The manager, operator, and user is an organization or individual granted the right by a competent state authority, the project investor, or the owner, or leased to manage, operate, and use maritime works.

4. Maintenance of maritime works is a set of tasks aimed at ensuring and maintaining the normal and safe operation of the works according to the design specifications during their exploitation and use. The content of maintenance may include one, several, or all of the following tasks: Inspection, monitoring, quality testing, maintenance, and repair of the works but does not include activities that change the function or scale of the works.

5. The maintenance procedure for maritime works is documentation specifying the sequence, content, and guidance for performing maintenance tasks on maritime works.

6. Inspection of maritime works is the examination through visual observation or specialized equipment to assess the current condition of the works in order to identify signs of damage.

7. Monitoring of maritime works is the activity of tracking, measuring, and recording changes in geometry, deformation, displacement, and other technical parameters of the works and the surrounding environment over time.

8. Quality testing of maritime works is the activity of inspecting and evaluating the quality or cause of damage, value, service life, and other technical parameters of the works or a part of the works through monitoring, testing combined with calculation and analysis.

9. Maintenance of maritime works is a series of activities (observation, care, repair of minor damages, maintenance of installed equipment) carried out regularly and periodically to maintain the works in a normal operating and usage state and limit the occurrence of work damage.

10. Repair of maritime works is the rectification of damage discovered during the operation and use of the works to ensure their normal and safe operation.

11. The designed service life of the works (design lifespan) is the period during which the works are expected to be used while meeting safety and functional requirements. The designed service life of the works is specified in relevant technical standards, applicable standards, and construction design tasks.

12. The actual service life of the works (actual lifespan) is the period during which the works are actually used while meeting safety and functional requirements.

Chapter II

RESPONSIBILITIES AND REQUIREMENTS FOR THE MAINTENANCE OF MARITIME WORKS

Article 3. Procedures for implementing the maintenance of maritime works

1. Establish and approve the maintenance procedures for maritime works.

2. Develop plans and budgets for the maintenance of maritime works.

3. Implement maintenance and manage the quality of maintenance work.

4. Safety assessment of structural strength and operational safety of maritime works.

5. Establish and manage maintenance records for maritime works.

Article 4. Responsibilities for the maintenance of maritime works

1. For maritime works with one owner:

a) For state-owned maritime works: the manager, operator, and user shall be responsible for maintaining the work;

b) For maritime works invested under the public-private partnership model: the investor and project enterprise shall be responsible for maintaining the work during the usage period according to the project contract; upon expiration of the usage period stipulated in the project contract, the person assigned to take over management and operation from the investor or project enterprise shall continue to be responsible for maintaining the work;

c) For maritime works owned by others not specified in points a and b of Clause 1 of this Article, the owner or the manager, operator, and user shall be responsible for maintaining the work.

2. For maritime works with multiple owners: the owner of a portion of the work shall be responsible for maintaining their own portion and simultaneously shall be responsible for maintaining the common portion of the work. The division of responsibility for maintaining the common portion of the work shall be carried out in accordance with relevant laws or agreed upon in writing by the owners of the work or their authorized representatives or in the purchase-sale or lease-purchase contracts.

3. In cases where maritime works have been put into use but not yet handed over to the owner or the manager, operator, and user, the project investor shall be responsible for organizing the maintenance of the work.

4. In cases where the owner of the work has not been determined, the person currently managing, operating, and using the work shall be responsible for maintaining the work.

5. When the owner leases the operation of maritime works to organizations or individuals or authorizes management and use of maritime works, they must include provisions on the responsibility for maintaining the work in the agreement.

Article 5. Requirements for the maintenance of maritime works

1. After completion of new construction, upgrading, renovation, or repair of maritime works, they shall be inspected, handed over, managed, and maintained. The maintenance period starts from the date when the owner, manager, operator, and user sign the acceptance record putting the maritime work into operation and use.

2. Maintenance of maritime works shall be carried out in accordance with the provisions of this Circular, the maintenance procedures, technical standards, economic-technical norms for managing and maintaining maritime works, and relevant laws.

3. Maintenance procedures for maritime works:

a) The establishment, review, approval, and adjustment of maintenance procedures for works shall be implemented in accordance with Article 38 of Decree No. 46/2015/NĐ-CP;

b) The project investor shall be responsible for handing over documents serving the maintenance of the work to the owner or authorized representative before handing over the work for operation and use;

c) For maritime works that have been put into operation and use but do not yet have approved maintenance procedures: the owner or the manager, operator, and user shall be responsible for organizing the establishment and approval of the maintenance procedure for maritime works, completing it before December 31, 2018, and reporting to the Vietnam Maritime Administration. If necessary, quality inspection of the maritime works can be organized as a basis for establishing the maintenance procedure for maritime works. The maintenance procedure must clearly define the remaining service life of the work;

d) For temporary maritime works (works constructed to serve the construction of main works): it is not mandatory to establish a maintenance procedure, but the owner or authorized representative still must carry out maintenance of the work in accordance with the provisions of this Circular and Decree No. 46/2015/NĐ-CP.

4. The Vietnam Maritime Administration shall be responsible for reviewing, guiding, and requiring the owner of the work or authorized representative to establish maintenance procedures for maritime works that are in use but do not yet have maintenance procedures.

Article 6. Documents for marine works maintenance work

1. The documents serving marine works maintenance work include:

a) Decision approving the investment project for construction of marine works and Feasibility Study Report on Investment Construction or Economic-Technical Report on Investment Construction;

b) Survey tasks, survey report on construction of marine works;

c) Construction design drawings dossier confirmed by the investor (with a list of drawings attached) and any design changes during construction;

d) As-built drawings (with a list of drawings attached);

d) Monitoring results, measurements, quality inspection of the works, structural load testing of the works (if any) during construction, list of spare equipment, parts, materials and other related documents;

e) Equipment installation history in marine works;

g) Operation and exploitation procedures of the works; maintenance procedures of marine works;

h) Dossier for handling incidents of the works (if any);

i) Acceptance certificate for completion of project components, construction projects put into use by the investor;

k) Notification of approval of acceptance results for completion of project components, construction projects by the competent authority on construction;

2. The investor is responsible for transferring documents serving marine works maintenance work to the owner or manager, operator, user before handing over the works for operation and use.

3. The investor, owner or manager, operator, user is responsible for keeping records and documents serving maintenance work and promptly updating changes in marine works.

Chapter III

ESTABLISHING, APPROVING AND IMPLEMENTING THE MAINTENANCE PLAN FOR MARINE WORKS

Article 7. Establishment, approval, and organization of implementation of the annual maintenance plan for maritime works under the management of the Ministry of Transport

1. The owner or manager, operator, user shall establish the annual maintenance plan for marine works (or maintenance plan according to the planning period upon request of the competent authority) based on the approved maintenance procedure of marine works and the current status of marine works.

2. The Vietnam Maritime Administration is responsible for compiling, establishing the maintenance plan and budget for marine works annually or according to the planning period, and submitting it to the Ministry of Transport for approval.

3. The maintenance plan for marine works must be based on the consolidation and review of data, reports, proposals from the basic units, accurately reflecting actual requirements and the current status of marine works, and being consistent with the maintenance procedure of marine works according to regular maintenance and periodic repair work (dredging maintenance for shipping channels, anchorage areas).

4. The content of the maintenance plan for marine works includes the following basic information: name of the works and project components (work) to be carried out; executing unit, volume, cost; time frame; implementation method; priority level. For works and project components at priority level 1 (very necessary): there must be an explanatory note. For emergency repair work, the maintenance plan only records contingency costs. The maintenance plan follows Model No. 01 Appendix issued together with this Circular.

5. The annual maintenance plan for marine works or according to the planning period includes:

a) Maintenance work;

b) Periodic repair work;

c) Emergency repair work.

6. Approval process for the annual maintenance plan for marine works:

a) The manager, operator, user establishes the annual maintenance plan for marine works and sends it to the Vietnam Maritime Administration before May 30 each year;

b) The Vietnam Maritime Administration compiles, establishes the maintenance plan and budget, and submits it to the Ministry of Transport before June 15 each year;

c) The Ministry of Transport reviews and approves the maintenance plan and budget, and incorporates the maintenance plan and budget into the annual state budget revenue and expenditure estimate of the Ministry of Transport, and sends it to the Ministry of Finance before August 30 each year;

d) Based on the State Budget Expenditure Allocation Decision of the Ministry of Finance, the Ministry of Transport notifies the State Budget Expenditure to the Vietnam Maritime Administration and the manager, operator, user;

đ) The Vietnam Maritime Administration organizes a review of urgent project components and volumes; is responsible for establishing the maintenance plan and budget for marine works, and submitting it to the Ministry of Transport within 15 days from the date of receipt of the notification as stipulated in point d clause herein;

e) The Ministry of Transport reviews and approves the maintenance plan and budget, and incorporates and allocates the budget to the Vietnam Maritime Administration within 15 days from the date of receipt of the report from the Vietnam Maritime Administration.

7. Approval process for the maintenance plan for marine works according to the planning period when requested by the competent authority:

a) The manager, operator, user establishes the maintenance plan for marine works according to the planning period and sends it to the Vietnam Maritime Administration;

b) The Vietnam Maritime Administration is responsible for compiling, establishing the maintenance plan and estimating the maintenance budget, and submitting it to the Ministry of Transport for approval.

8. Adjustment and supplementation of the maintenance plan for marine works shall be carried out according to the following principles:

a) The Ministry of Transport adjusts, modifies, and supplements the maintenance plan for marine works to suit actual conditions based on the report of the Vietnam Maritime Administration;

b) For works and project components that pose a risk of accidents or have dangerous accidents, works that lose safety and need urgent treatment or partial adjustment of project components, the Vietnam Maritime Administration is responsible for implementing necessary procedures to address them and reporting to the Ministry of Transport to adjust the maintenance plan;

c) For works and project components where implementation costs exceed the approved plan, the Vietnam Maritime Administration shall submit to the Ministry of Transport for approval before implementation.

9. The annual maintenance plan for marine works approved by the Ministry of Transport serves as the basis for the Vietnam Maritime Administration and the manager, operator to implement. Repair of works and equipment shall be carried out in accordance with Clause 4, Article 39 of Decree No. 46/2015/NĐ-CP.

10. Management and supervision of the implementation of the approved maintenance plan for marine works:

a) The Vietnam Maritime Administration organizes the development and issuance of annual, ad hoc inspection plans, and organizes the implementation of inspections to check the execution of approved maritime facility maintenance plans by units, and compiles and reports periodically and ad hoc on the results of implementing the maritime facility maintenance plan to the Ministry of Transport (quarterly before the 22nd day of each quarter's end; annually before January 15 of the following year).

b) The content of the report must include the following information fully: name of the facility, facility component implemented; volume and cost of implementation; completion time; adjustments and occurrences compared to the assigned plan; assessment of the implementation result (according to the approved plan); proposals and recommendations during the implementation of maritime facility maintenance work. The report shall be made according to Model No. 2 Appendix issued together with this Circular.

Article 8. Establishment, Approval and Implementation of the Maritime Facility Maintenance Plan Managed by Ministries, Sectors, Localities and Other Organizations and Individuals

1. The owner of the maritime facility or the person authorized to organize the establishment, approval, and implementation of the regular, medium-term, and long-term maritime facility maintenance plan in accordance with Article 39 of Decree No. 46/2015/NĐ-CP, the provisions of this Circular, and other relevant laws.

2. When approving the maritime facility maintenance plan as stipulated in Clause 1 of this Article, the owner of the maritime facility or the person authorized sends the Vietnam Maritime Administration the approval document and the maritime facility maintenance plan for consolidation and reporting to the Ministry of Transport for overall management.

Article 9. Costs for Maintaining Maritime Facilities

1. The costs for maintaining maritime facilities are formed from the following sources:

a) State budget (central budget, local budget) allocated annually for projects using state budget capital;

b) Revenue from fees for using maritime facilities outside the state budget;

c) Capital of the project investor and owner for commercial maritime facilities;

d) Contributions and mobilization from organizations and individuals.

Article 6. Sources of Investment Preparation Support Funds

2. Determining the costs for implementing the maintenance of maritime facilities according to Circular No. 03/2017/TT-BXD dated March 16, 2017, of the Ministry of Construction guiding the determination of construction project maintenance costs and current legal regulations, including new construction costs, adjustment of economic-technical norms serving the maintenance of maritime facilities.

2. The establishment, approval of annual maintenance plan costs, and management, use, payment, and settlement of maintenance costs for maritime facilities are carried out in accordance with the State Budget Law, Decree No. 46/2015/NĐ-CP, and relevant legal regulations.

Chapter IV

IMPLEMENTATION OF MAINTENANCE OF MARITIME FACILITIES

Article 10. Implementation of Maintenance of Maritime Facilities

1. The owner or manager, operator, user of the maritime facility shall organize the implementation of inspection, maintenance, and repair of the maritime facility according to the approved maintenance procedure if they have the necessary capacity or hire an organization with the necessary capacity to implement it.

2. Regular, periodic, and ad hoc inspection of maritime facilities aims to promptly identify signs of deterioration and damage to the facility and equipment installed in the maritime facility as a basis for maintenance of the maritime facility.

3. Maintenance of maritime facilities is carried out according to the annual maintenance plan of maritime facilities and the approved maintenance procedures.

4. Repair of maritime facilities includes:

a) Periodic repair of maritime facilities including repair of damage or replacement of parts of the facility or equipment installed in the facility that has been damaged, carried out periodically according to the regulations of the maintenance procedure for maritime facilities;

b) Ad hoc repair of maritime facilities is carried out when parts of the facility or the facility are damaged due to sudden impacts such as wind, storms, floods, earthquakes, collisions, fires, and other sudden impacts, or when parts of the facility or the facility show signs of deterioration affecting the safety of use, operation, and exploitation of the facility.

5. Monitoring of maritime facilities for maintenance purposes is carried out according to Article 11 of this Circular.

6. Quality inspection of maritime facilities for maintenance purposes is carried out according to Article 13 of this Circular.

7. For maritime facilities not yet handed over to the owner or manager, operator, user of the facility, the project investor is responsible for establishing the maintenance plan for maritime facilities and implementing maintenance of maritime facilities according to the contents stipulated in this Article and Article 39 of Decree No. 46/2015/NĐ-CP. The project investor is responsible for handing over the maintenance file of the maritime facility to the owner or manager, operator, user before handing over the facility for operation and use.

Article 11. Monitoring of maritime works and parts of maritime works during operation and use

1. The list of maritime works and parts of maritime works that must be monitored includes:

a) Wharves, lighthouses, range markers, wave barriers, sand barriers, flow direction revetments, shore protection revetments, newly constructed and repaired special grade and first-grade marine vessels;

b) Maritime works showing signs of subsidence, cracking, tilting, or other abnormal signs that may cause collapse of the works.

2. The monitoring content for the works specified in Clause 1 of this Article shall be stipulated in the maintenance procedure for maritime works including: monitoring locations, monitoring parameters, and limit values of these parameters (for example: tilting deformation, subsidence, cracking, sagging,...), monitoring time, number of measurement cycles, and other necessary contents.

3. General requirements for monitoring maritime works during operation and use:

a) The monitoring contractor shall develop a monitoring plan in accordance with the contents stipulated in Clause 2 of this Article; which specifies the measurement method, measuring equipment, layout diagram and construction of monitoring points, organization to implement, data processing method, and other necessary contents to submit for approval by the person responsible for maintaining the work;

b) The monitoring contractor must carry out monitoring according to the approved monitoring plan and report the monitoring results to the person responsible for maintaining the work. Monitoring data must be compared and evaluated against the limit values set by the design and construction contractor or relevant technical regulations and standards.

In case the monitoring data stipulated in Clause 2 of this Article exceeds the permissible limit value or shows other abnormal signs, the person responsible for maintaining the work must organize a force-bearing safety assessment and operational safety assessment of the work during operation and use, and take timely measures;

c) Organizations participating in monitoring activities must register and be recognized in accordance with the provisions.

Article 12. Assessment of force-bearing safety and operational safety of maritime works during operation and use

1. During operation and use, the following special grade and first-grade maritime works must be organized for periodic assessment of force-bearing safety and operational safety: wharves, lighthouses, range markers, wave barriers, sand barriers, flow direction revetments, shore protection revetments, newly constructed and repaired marine vessels.

2. The content and frequency of assessment are stipulated in technical regulations or in the approved maintenance procedures for maritime works.

3. The assessment of force-bearing safety and operational safety of maritime works during operation and use shall be carried out by construction inspection organizations that meet the prescribed capacity conditions.

Article 13. Quality Inspection of Maritime Works

1. Quality inspection of maritime works shall be conducted in the following cases:

a) Periodic inspection according to the approved maintenance procedures for maritime works;

b) When signs of dangerous damage to parts of the works or the works themselves are found, which do not ensure safety for operation and use;

c) When there is a need to assess the current quality of the works to serve the establishment of maintenance procedures for maritime works that have been put into use but do not yet have maintenance procedures;

d) When there is a need to have a basis for deciding to extend the service life of maritime works that have reached their designed lifespan or to serve as a basis for upgrading the works;

đ) When requested by the competent state management agency on construction;

2. Selection of construction inspection organizations:

a) The organization conducting inspections must have the required capacity conditions as stipulated, be suitable for the field of inspection, and have its construction activity capacity information published on the electronic information portal as prescribed. The person in charge of conducting inspections must have the required capacity conditions as stipulated, be suitable for the field of inspection;

b) In cases where inspections are conducted at the request of the competent state management agency on construction as stipulated in point đ of Clause 1 of this Article, they shall comply with the provisions of Decree No. 46/2015/NĐ-CP.

3. The procedure for conducting inspections at the request of the agency mentioned in point b of Clause 2 of this Article is as follows:

a) The inspection organization prepares an inspection outline for the requesting agency to review and approve;

b) The project owner, owner, or manager, operator, and user organizes the approval of the outline and budget estimate for inspection costs prepared by the inspection organization and enters into a contract with the organization in accordance with the law;

c) The inspection organization implements the approved inspection outline and prepares a report on the inspection results to submit to the requesting agency and the project owner, owner, or manager, operator, and user;

d) The project owner, owner, or manager, operator, and user and the inspection organization conduct acceptance of the inspection result report and settle the contract in accordance with the law on contracts in construction activities.

4. The inspection outline includes the following main contents:

a) Purpose, requirements, objects, and content of inspection;

b) List of standards and technical regulations applied;

c) Information about the capacity of the head and individuals conducting the inspection; laboratory and equipment used for inspection (if any);

d) Procedure and method of conducting the inspection;

đ) Progress schedule for inspection;

e) Other conditions for conducting the inspection.

5. The inspection result report includes the following main contents:

a) Basis for conducting inspection;

b) General information about the work and inspection object;

c) Content and procedure for conducting inspection;

d) Test results, calculations, analyses, observations, and evaluations;

đ) Conclusions on the contents required by the approved inspection outline and recommendations (if any).

6. Inspection costs are determined by preparing a budget estimate in accordance with the regulations on investment cost management and other related regulations appropriate to the workload of the inspection outline, including some or all of the following expenses:

a) Surveying the current status of the inspected object;

b) Preparing the inspection outline and budget estimate, reviewing the inspection outline and budget estimate;

c) Collecting and studying documents related to the inspection;

d) Testing, calculating, analyzing, observing, and evaluating;

đ) Transportation costs for inspection purposes;

e) Preparing the inspection result report;

g) Other necessary costs for inspection purposes.

Article 14. Management of Quality of Marine Works Maintenance Work

The owner or the person authorized to manage shall be responsible for implementing quality management of marine works maintenance work in accordance with Article 41 of Decree No. 46/2015/NĐ-CP and other relevant laws.

Chapter V

HANDLING OF MARINE WORKS THAT DO NOT ENSURE SAFETY AND MARINE WORKS THAT HAVE EXPIRED USE PERIOD BUT REQUIRE CONTINUED USE

Article 15. Handling of marine works or parts of marine works showing dangerous signs, not ensuring safety for exploitation and use

1. Marine works or parts of marine works that do not ensure safety for exploitation and use are considered dangerous works or parts with the risk of collapse, manifested through signs such as cracks, sagging, subsidence, tilting, or other dangerous signs up to the limit value as prescribed by relevant technical standards and regulations.

2. When discovering dangerous signs in marine works or parts thereof that do not ensure safety for exploitation and use, the owner or the manager, exploiter, and user shall have the responsibility to carry out the following actions:

a) Re-examine the current condition of the works and organize quality inspection of the works (if necessary);

b) Decide on implementing safety measures: limiting the use of the works, stopping the use of the works, moving people and property (if necessary) to ensure safety and immediately report to the nearest local authority or the Marine Port Office in the area;

c) Immediately repair damages that pose risks to the safe use and operation of the works.

3. Upon discovering or receiving information about the decline in the quality of marine works, which does not ensure safety for exploitation and use, the local authority or the Marine Port Office in the area shall have the responsibility to:

a) Organize inspections, notify, require, and guide the owner or the person authorized to organize surveys, quality inspections, assess the level of danger, and implement repairs or demolition of parts of the works or the entire works (if necessary);

b) Decide to apply the safety measures stipulated in point b, Clause 2 of this Article when the owner or the person authorized does not take proactive action;

c) Handle the responsibility of the owner or the person authorized according to the law when the owner or the person authorized does not comply with the requirements of the competent state management agency as stipulated in Clause 2 of Article 17 of this Circular.

4. In cases where marine works may collapse immediately, the person responsible for maintenance must urgently evacuate all people from this work and nearby works affected, and immediately report to the nearest local authority or the Marine Port Office in the area to receive support in implementing safety measures.

Upon receiving reports about the situation where marine works may collapse immediately, the local authority, the Marine Port Office must immediately implement the following safety measures: stop using the works, seal off the works, and other necessary measures as prescribed.

5. The owners, managers, exploiters, and users of nearby works must fulfill the safety measures stipulated in Clause 4 of this Article when requested.

6. In cases where marine works experience incidents during exploitation and use, the handling of incidents shall be carried out in accordance with the provisions of the law on construction project quality management.

7. All organizations and individuals have the right to inform the owner or the manager, exploiter, and user, the state management agency, or mass media when they discover incidents or dangerous signs in parts of marine works or marine works that do not ensure safety for exploitation and use, so that timely handling can be carried out.

Article 16. Handling of maritime works that are being exploited but have not yet determined their remaining service life

1. The owner or manager, exploiter, and user must organize the implementation of determining the remaining service life of the work based on its actual lifespan for maritime works that are being exploited and used but have not yet determined their designed lifespan.

2. In cases where the design documents of the maritime work are lost or do not specify the usage time of the maritime work, the owner or manager, exploiter, and user must organize the implementation of determining the actual remaining service life of the work according to technical standards applicable to the work or based on the usage time already determined for similar works of the same type and level.

3. After completing the determination of the actual remaining service life of the maritime work, the manager, exploiter, and user shall report to the Vietnam Maritime Administration for monitoring.

Article 17. Provisions on the use of maritime works that have reached their service life but require continued use

1. When a maritime work reaches its service life, the owner or manager, exploiter, and user of the work must perform the following tasks:

a) Organize inspections, tests, and evaluations of the current quality of the work.

b) Reinforce, renovate, and repair damage to the work (if any) to ensure functionality and safety before considering and deciding on the continued use of the work;

c) Independently decide on the continued use of Class III and Class IV works after performing the tasks mentioned in points a and b of this clause based on the results of inspection, assessment of quality by specialized agencies;

d) Report the results of inspection, assessment, and quality evaluation of the work, and the results of repairs (if any) to the agencies specified in Clause 2 of this Article to be considered and approved for extending the service life of Class II and higher maritime works according to Article 45 of Decree No. 46/2015/NĐ-CP.

2. Responsibilities for notification and authority to handle maritime works that have reached their service life but require continued use:

a) The Ministry of Transport for special-class maritime works;

b) Provincial People's Committees for Class I and Class II maritime works within their jurisdiction.

3. The decision on the period of continued use of maritime works is based on the technical condition, specific usage requirements, type, and level of the work.

4. Cases where maritime works that have reached their service life will not continue to be used:

a) The owner or manager, exploiter, and user do not have a need for continued use;

b) The owner or manager, exploiter, and user have implemented the provisions of Clause 1 of this Article but the work does not meet safety requirements.

5. The owner or manager, exploiter, and user are responsible for demolishing the works specified in Clause 4 of this Article.

Chapter VI

PROVISIONS ON INSPECTION AND REPORTING OF THE IMPLEMENTATION OF MAINTENANCE OF MARITIME WORKS

Article 18. Inspection of the implementation of maintenance of maritime works

1. The Vietnam Maritime Administration organizes the development and issuance of annual and ad hoc inspection plans and organizes inspections of the implementation of maintenance of maritime works with the following contents:

a) The establishment and approval of maintenance procedures for maritime works in accordance with Decree No. 46/2015/NĐ-CP and this Circular;

b) Compliance with maintenance regulations for maritime works by the owner or authorized person according to inspection regimes stipulated in Article 53 of Decree No. 46/2015/NĐ-CP and this Circular;

c) Reporting on the implementation of maintenance of maritime works by the owner or authorized person as prescribed in this Circular;

d) Implementation of monitoring for works and parts of works that must be monitored as stipulated in Article 11 of this Circular;

đ) Other contents related to the implementation of the maintenance plan for maritime works as prescribed by law or assigned by the Ministry of Transport.

2. Ministries, sectors, provincial people's committees, and competent authorities inspect the implementation of maintenance of maritime works as stipulated in Articles 53 and 54 of Decree No. 46/2015/NĐ-CP.

Article 19. Report on the Implementation of Maritime Works Maintenance

1. For maritime works managed by the Ministry of Transport, the Vietnam Maritime Administration and the manager, exploiter, and user report on the implementation of the maintenance plan for maritime works as prescribed in Clause 10 of Article 7 of this Circular.

2. For maritime works from Class II and above: no later than December 31 each year, the owner or authorized person must report to the Vietnam Maritime Administration on the results of implementing maintenance of maritime works and the safety of the works. The Vietnam Maritime Administration compiles and reports to the Ministry of Transport before January 15 of the following year.

3. For Class III and Class IV maritime works: no later than December 31 each year, the owner or authorized person must report to the Department of Transport where the work is located on the results of implementing maintenance of maritime works and the safety of the works. The Department of Transport compiles and reports to the provincial people's committee before January 15 of the following year.

Chapter VII

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from March 1, 2018, and abolishes Circular No. 14/2013/TT-BGTVT dated July 5, 2013, issued by the Minister of Transport on the maintenance of maritime works and Circular No. 59/2014/TT-BGTVT dated October 27, 2014, issued by the Ministry of Transport on the quality inspection of port infrastructure structures in marine port waters.

2. Accompanying this Circular is one Appendix consisting of two templates for compiling and reporting the maintenance of maritime works.

3. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal normative documents.

Article 21. Responsibility for Implementation

1. Ministries, ministerial-level agencies, agencies under the Government, Chairpersons of all levels of People's Committees, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, organizations and individuals are requested to promptly reflect them to the Ministry of Transport for consideration and resolution.