Circular No. 54/2011/TT-BGTVT on maritime signals and maritime notifications

CIRCULAR

Regulations on maritime signals and maritime notifications

_____________

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport shall stipulate regulations on maritime signals and maritime notifications as follows: maritime includes the following:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates investment in construction, management, and operation of maritime signals and maritime notifications in port waters, shipping channels, and Vietnam's territorial seas.

Article 2. Applicability

This Circular applies to organizations, individuals, Vietnamese and foreign vessels operating in port waters and Vietnam's territorial seas, including merchant ships, military ships, public service ships, fishing boats, inland waterway vessels, and seaplanes.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Vessel vessels include ships, military vessels, public service vessels, fishing vessels, inland waterway vessels, and seaplanes.

2. is the light range of the aid under atmospheric conditions with meteorological visibility of 10 nautical miles (corresponding to the atmospheric optical transmission coefficient T = 0.74) with the assumed threshold of human eye sensitivity to brightness of 0.2 microlux. Maritime signals refer to equipment or structures, vessels used for maritime signaling established and operated on water or land to guide mariners in navigation, determine vessel positions, ensure safety, and efficiency.

3. Maritime notifications refer to information provided to mariners and related organizations through written documents or electronic data formats aimed at ensuring maritime safety.

Chapter II

INVESTMENT CONSTRUCTION AND MANAGEMENT OPERATIONS OF MARITIME SIGNALS

Section 1

INVESTMENT AND CONSTRUCTION OF MARITIME SIGNALS

Article 4. Principles of investment in construction of maritime signals

Clause 1. Investment in construction of maritime signals must comply with the development plan for the maritime signal system approved by the Minister of Transport, this Circular, and laws on investment and construction.

2. The Vietnam Maritime Administration manages state administration over investment in construction of maritime signals according to the approved planning.

Article 5. Development Plan for the Maritime Signal System

1. The Minister of Transport approves the planning for development of the maritime signal system.

Clause 2. The Vietnam Maritime Administration shall take the lead and coordinate with General Companies for Marine Safety Assurance and relevant organizations to develop the development plan for the maritime signal system, submit it to the Minister of Transport for approval, and manage its implementation according to the plan after approval.

Article 6. Investment in Construction of Maritime Signals

Clause 1. Based on the scale, nature, and characteristics of the maritime signal investment project from state capital, the Minister of Transport shall consider and decide on investment or delegate authority to the Vietnam Maritime Administration or General Companies for Marine Safety Assurance.

Clause 2. In addition to the provisions of Clause 1 of this Article, General Companies for Marine Safety Assurance shall be responsible for establishing emergency maritime signals to ensure maritime safety.

Clause 3. Organizations and individuals managing exploitation of branch port channels, dedicated channels, and using the following areas:

a) Areas for geological exploration, oil and gas extraction;

b) Fishing and aquaculture areas;

c) Construction site area;

d) Areas for laying submarine cables or pipelines, underwater structures, and equipment affecting maritime activities;

d) Military exercise area, search and rescue exercise area, fire prevention and control exercise area, oil spill response exercise area;

e) Areas for ocean data collection systems;

g) Entertainment and tourism area, have the obligation to establish maritime signals on those channels and water areas.

Clause 4. Investors of construction projects crossing shipping channels shall establish maritime signals regarding navigable clearance and height clearance for their projects.

Article 7. Procedures for putting maritime signals into use

Clause 1. The investor shall submit a proposal to put maritime signals into use to the organization authorized to publish maritime notifications as stipulated in Article 14 of this Circular. The dossier includes:

Point a) A request letter from the investor according to the model specified in Appendix XIa of this Circular;

Point b) Technical design approved by the competent authority;

c) As-built drawings;

Point d) Acceptance handover record;

Point đ) Survey and obstacle detection chart of shipping channels for newly constructed maritime signal lines.

Clause 2. Within five working days from the date of receiving the complete dossier as stipulated in Clause 1 of this Article, the organization authorized to publish maritime notifications shall promptly publish the maritime notification. If conditions are not met, a written response must be given to the investor with clear reasons.

Clause 3. For emergency maritime signals established as stipulated in Clause 2 of Article 6 of this Circular, General Companies for Marine Safety Assurance shall immediately publish maritime notifications after establishment.

Section 2

MANAGEMENT AND OPERATION OF MARITIME SIGNALS

Article 8. Responsibilities for Managing Marine Navigation Marking

1. The Vietnam Maritime Administration shall implement state management over marine navigation marking throughout the country.

2. Port maritime authorities shall be responsible for inspecting and supervising the operation of the marine navigation marking system in port waters and their respective areas of management.

Clause 3. General Companies for Marine Safety Assurance directly manage, operate, and are responsible for the activities of maritime signals in the assigned areas.

Clause 4. Other organizations and individuals directly manage and operate and are responsible for the activities of maritime signals they invest in and construct.

Article 9. Responsibilities of Units Managing and Operating Marine Navigation Marking

1. Develop periodic plans for repairing, renovating, and upgrading marine navigation marking and submit them for approval by competent authorities.

2. Regularly maintain and service marine navigation marking to ensure that its technical parameters always comply with published maritime notices.

3. Promptly repair and rectify marine navigation marking when it is damaged, lost, or incorrect.

Clause 4. Timely prepare files to determine the extent of damage, loss, or deviation of maritime signals and send them to the competent authority for investigation and handling.

Clause 5. Report quarterly in writing on the operational status of maritime signals to the Vietnam Maritime Administration according to the model specified in Appendix XII of this Circular.

Clause 6. When there are changes in the characteristics of maritime signals compared to published maritime notifications, timely notify the organization authorized to publish maritime notifications.

Article 10. Protection of Marine Navigation Marking

1. All organizations and individuals have the responsibility to protect marine navigation marking.

2. Organizations and individuals who engage in acts of destruction, theft, or damage to marine navigation marking shall be dealt with according to the provisions of the law.

3. Organizations and individuals who achieve outstanding results in protecting marine navigation marking shall be rewarded according to regulations.

Chapter III

MARITIME NOTICES

Article 11. Principles for Publishing Marine Notices

1. Marine notices must be promptly published by authorized organizations to relevant agencies and organizations.

2. Marine notices shall simultaneously be broadcast through coastal radio stations and other appropriate communication means.

Article 12. Classification of Marine Notices

Based on their purpose, marine notices are classified as follows:

1. Marine notices regarding maritime signal activities:

Point a) Maritime notification about the establishment of new maritime signals: Visual, radio, and sound maritime signals must be published with their location, function, and operational characteristics according to the model specified in Appendix I of this Circular after establishment;

Point b) Maritime notification about changes in the operational characteristics of maritime signals: When the operational characteristics of maritime signals change compared to previously announced characteristics, maritime notifications about these changes must be published according to the model specified in Appendix II of this Circular;

Point c) Maritime notification about the temporary suspension of maritime signals: When maritime signals can no longer operate according to their announced characteristics, maritime notifications about their temporary suspension must be published according to the model specified in Appendix III of this Circular;

Point d) Maritime notification about the resumption of maritime signals: After repairing maritime signal malfunctions, maritime notifications about their resumption must be published according to the model specified in Appendix IV of this Circular;

Point đ) Maritime notification about the termination of maritime signals: After maritime signals cease to function and are removed, maritime notifications about their termination must be published according to the model specified in Appendix V of this Circular.

Clause 2. Maritime notifications about technical parameters of shipping channels, branch port channels, anchorage areas, transfer zones, storm shelters, turning areas, pilot pick-up and drop-off areas, quarantine zones:

a) The maritime notice regarding the shipping channel, anchorage area, turning area, pilot station area, quarantine area, and storm shelter area shall be published periodically. The Ministry of Transport will publish the List of Periodic Surveys for Shipping Channels and the aforementioned areas to issue maritime notices at the request of the Marine Safety Assurance Corporations.

b) Branch channels of seaports, waters in front of port jetties, and cargo transfer zones must be surveyed for depth at least once a year to issue maritime notices.

c) After construction, dredging, maintenance, improvement, or upgrading of shipping channels, branch port channels, and the areas specified in this clause, they must be surveyed for depth and cleared of obstructions to issue maritime notices.

d) The Marine Safety Assurance Corporations are responsible for surveying depths and clearing obstructions in shipping channels, anchorage areas, turning areas, pilot station areas, quarantine areas, and storm shelters to issue maritime notices.

đ) The depth surveys and obstruction clearances for waters in front of port jetties, branch port channels, and cargo transfer zones may be conducted by organizations with measurement and survey functions. Organizations authorized to issue maritime notices are responsible for reviewing the survey results before issuing maritime notices.

e) The maritime notices stipulated in this clause shall follow the templates prescribed in Appendices VIa and VIb of this Circular.

3. Maritime notice regarding newly discovered dangerous obstructions: When there is a maritime accident causing a shipwreck or when dangerous obstructions that affect maritime safety are discovered, maritime notices about these obstructions must be issued according to the template prescribed in Appendix VII of this Circular.

4. Maritime notice regarding construction areas on the sea or in shipping channels: If construction areas on the sea or in shipping channels affect maritime activities, maritime notices about such constructions must be issued according to the template prescribed in Appendix VIII of this Circular.

5. Maritime notice regarding the division of maritime traffic routes or restrictions on navigation, or temporary suspension of operations of shipping channels: In special cases requiring vessels to change course from their route, restrict navigation, or temporarily suspend operations of shipping channels, maritime notices about the division of maritime traffic routes, restrictions on navigation, or temporary suspension of operations of shipping channels must be issued according to the template prescribed in Appendix IX of this Circular.

6. Maritime notice regarding restricted or prohibited maritime activity areas: If a sea area is used for military exercises, waste disposal sites, anchoring prohibition zones, search and rescue operations, search and rescue drills, sports activities, oil spills or hazardous substance incidents, dumping grounds, scientific research, or other civilian activities, which may pose dangers to passing vessels due to the nature of the work, maritime notices about such areas must be issued according to the template prescribed in Appendix X of this Circular.

Article 13. Content and requirements for maritime notices

1. The content of maritime notices must be clear, concise, easy to understand, and fully and accurately reflect the necessary information.

2. Requirements for maritime notices:

a) Positions in maritime notices shall be based on the national geographic coordinate system VN-2000 of Vietnam, the WGS-84 coordinate system, and simultaneously converted to the Mercator projection coordinate system. Accuracy to 1/10 second.

b) Depths in maritime notices refer to the shallowest point in the area to be notified, measured in meters from the "zero chart datum" with accuracy to 1/10 meter.

c) Place names in maritime notices shall be taken from those recorded on charts or other published maritime documents. If place names are not recorded in these documents, commonly used local names shall be used.

d) The language used in maritime notices is Vietnamese. When broadcast through the Vietnam Coastal Information Station system, both Vietnamese and English must be used.

Article 14. Authority to publish maritime notices

1. The Vietnam Maritime Administration shall manage the state administration of the publication of maritime notices.

2. The Marine Safety Assurance Corporations shall implement the issuance of maritime notices as prescribed in Article 12 of this Circular.

3. Information in maritime notices becomes effective from the date of issuance of the maritime notice and loses its validity when replaced by another maritime notice.

4. When errors in the content of maritime notices are discovered, the organization authorized to issue maritime notices must promptly correct and reissue the maritime notice.

Article 15. Procedure for Publishing Marine Notices

1. Procedure for publishing marine notices on the establishment of new maritime signals:

The procedure for publishing marine notices on the establishment of new maritime signals shall be carried out in accordance with the provisions of Article 7 of this Circular.

2. Procedure for publishing marine notices on the operation of maritime signals as stipulated in Points b, c, d, đ of Clause 1, Article 12 is as follows:

a) The unit managing and operating maritime signals sends the application file for publishing the marine notice to the organization authorized to publish marine notices, the file includes:

- A request for publishing a marine notice on the operation of maritime signals according to the model prescribed in Appendix XIb of this Circular;

- A record confirming the status of maritime signals.

b) Within no more than 24 hours from the date of receipt of the file as stipulated in Point a of this Clause, the organization authorized to publish marine notices shall be responsible for publishing the marine notice. In case the conditions for publication are not met, it must reply in writing and specify the reasons.

3. Procedure for publishing marine notices as stipulated in Clause 2, Article 12 of this Circular is as follows:

a) For marine notices on technical parameters of shipping channels, anchorage areas, turning areas, pilot transfer areas, quarantine areas, storm shelters published periodically, the file includes:

- A request from the surveying unit according to the model prescribed in Appendix XIb of this Circular;

- A record of acceptance of survey results;

- A depth survey chart.

b) For marine notices on branch port channels, water areas before port bridges, cargo transfer zones published periodically, the file includes:

- A request from the project investor or operator according to the model prescribed in Appendix XIb of this Circular;

- A record of acceptance of survey results;

- A depth survey chart.

c) For marine notices on technical parameters of shipping channels, branch port channels, and other areas and zones as stipulated in this Clause, after completion of construction, dredging, maintenance, improvement, or upgrading, the file includes:

- A request from the project investor according to the model prescribed in Appendix XIb of this Circular;

- A copy of the document from the competent authority regarding compliance with the port planning;

- A copy of the approved technical design;

- A copy of the completion drawing;

- A record of handover and acceptance of the completed works;

- A record of acceptance of survey results;

- A depth survey chart and obstacle detection map.

Within five working days from the date of receipt of the file as stipulated in this Clause, the organization authorized to publish marine notices shall be responsible for publishing the marine notice. In case the conditions for publication are not met, it must reply in writing and specify the reasons.

4. Procedure for publishing marine notices on newly discovered dangerous obstacles: Immediately upon receiving information about marine accidents or incidents causing ship sinking or discovering obstacles that pose a threat to maritime safety, the organization authorized to publish marine notices shall be responsible for inspecting, surveying, and publishing marine notices on newly discovered dangerous obstacles.

5. Procedure for publishing marine notices on construction works at sea or in shipping channels, the file includes:

a) A request from the project investor according to the model prescribed in Appendix XIb of this Circular;

b) A copy of the approved technical design;

c) A copy of the document approving the construction activity from the competent authority;

d) A copy of the layout plan or construction site plan;

đ) A copy of the traffic safety assurance plan approved by the competent authority;

e) The main technical parameters of the construction vessels.

Within five working days from the date of receipt of the file as stipulated in this Clause, the organization authorized to publish marine notices shall be responsible for publishing the marine notice. In case the conditions for publication are not met, it must reply in writing and specify the reasons.

6. Procedure for publishing marine notices on the separation of maritime traffic lanes or restrictions on navigation, temporary suspension of operations of shipping lanes: Immediately upon receiving the Decision on the separation of maritime traffic lanes or restrictions on navigation, temporary suspension of operations of shipping lanes issued by the Director of the Maritime Port Control Office in the area or by the competent authority, the organization authorized to publish marine notices shall be responsible for publishing the marine notice.

7. Procedure for publishing marine notices on restricted or prohibited maritime activities in sea areas, the file includes:

a) A request from the agency or unit requiring restricted or prohibited maritime activities in sea areas according to the model prescribed in Appendix XIb of this Circular, accompanied by necessary information related to restricted or prohibited maritime activities in sea areas;

b) A chart or layout of restricted or prohibited maritime activities in sea areas;

c) A copy of the approval document from the Director of the Maritime Port Control Office in the area or from the competent authority as provided by law.

Within three working days from the date of receipt of the file as stipulated in this Clause, the organization authorized to publish marine notices shall be responsible for publishing the marine notice. In case the conditions for publication are not met, it must reply in writing and specify the reasons.

Article 16. Broadcasting Maritime Notices

1. After being published, maritime notices must be immediately sent to the Ministry of Transport, Vietnam Maritime Administration, Port Maritime Office in the area, Pilotage Organizations in the area, Vietnam Limited Liability Company for Marine Electronic Information, and related organizations and individuals in writing or through appropriate electronic means.

2. The Vietnam Limited Liability Company for Marine Electronic Information has the responsibility to broadcast on the system of Vietnam Coastal Radio Stations maritime notices in Vietnamese and English according to appropriate communication methods. The broadcasting of maritime notices follows the templates specified in Appendix XIII of this Circular.

3. The number of transmissions of maritime notices shall be carried out according to the following provisions:

a) Maritime notices prescribed in Clauses 1, 2, 4, and 5 of Article 12 of this Circular shall be broadcast at least twice a day and continuously for three consecutive days.

b) Maritime notices prescribed in Clause 3 and Clause 6 of Article 12 of this Circular shall be broadcast continuously four times a day until a new maritime notice replaces it.

4. The organization authorized to publish maritime notices and the Vietnam Limited Liability Company for Marine Electronic Information have the responsibility to post the full text of the maritime notice on their own websites.

5. The funds for publishing and broadcasting maritime notices shall be sourced from the annual operating budget of the relevant agencies and units.

Article 17. Provision of Information on Maritime Notices

1. The subjects defined in Article 2 of this Circular have the right to request the provision of maritime notices.

2. Organizations and individuals operating in port waters, shipping channels, and Vietnam's territorial seas have the obligation to promptly and accurately provide the competent authority responsible for publishing maritime notices with the following information if discovered:

a) Deviations in the position or operational characteristics of maritime aids from the content of the published maritime notice.

b) Newly discovered obstructions not yet announced in maritime notices or marked on nautical charts;

c) Other information related to maritime safety.

3. Competent authorities responsible for publishing maritime notices have the responsibility to collect and verify data and information to publish maritime notices as stipulated.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. This Circular is accompanied by 15 Appendices.

3. Repeal Decision No. 53/2005/QĐ-BGTVT dated October 27, 2005 of the Minister of Transport regarding maritime aids.

Article 19. Implementation

1. The Director of the Vietnam Maritime Administration and the General Directors of the Marine Safety Assurance Corporations are responsible for implementing this Circular.

2. The Heads of the Ministry’s Office, the Inspectorate, the Departments under the Ministry, the Director of the Vietnam Maritime Administration, the General Directors of the Marine Safety Assurance Corporations, and the Heads of related organizations and individuals are responsible for enforcing this Circular./.