Circular No. 57/2013/TT-BGTVT on ensuring security at inland waterway ports receiving foreign vessels

CIRCULAR

Regulations on ensuring security at inland waterway ports receiving foreign vessels

The Minister of Transport shall issue a Circular regulating the activities related to ensuring security at inland waterway ports that receive foreign vessels.

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

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;

At the proposal of the Director of the Transport Department,

This Circular stipulates the activities related to ensuring security at inland waterway ports that receive foreign vessels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Organizations and individuals from Vietnam and abroad involved in the activities of assessing, approving, and issuing certificates of suitability for security at inland waterway ports receiving foreign vessels.

1. Organizations and individuals producing support industry products listed in the Priority Support Industry Product List within the territory of Vietnam.

This Circular applies to:

2. Organizations and individuals from Vietnam and abroad having vessels operating at inland waterway ports receiving foreign vessels.

1. Inland waterway ports receiving foreign vessels as defined in this Circular are wharves, berths, or inland waterway ports announced by the Ministry of Transport as receiving foreign vessels.

Article 3. Explanation of Terms

2. Security agencies at inland waterway ports are agencies and units responsible for evaluating port security; reviewing and approving security assessments of inland waterway ports; approving security plans for inland waterway ports; issuing Certificates of Suitability for Security at Inland Waterway Ports, and implementing security plans for inland waterway ports.

3. Port security personnel are persons designated by port business enterprises and are responsible for developing, enforcing, and maintaining security plans for inland waterway ports, and serving as the point of contact with ship security officers and company security personnel.

4. Port operation enterprises are organizations and individuals directly engaged in the business and operation of inland waterway ports.

SECURITY AT INLAND WATERWAY PORTS

Chapter II

Article 4. Levels of security at inland waterway ports

Security levels at inland waterway ports are divided into three security levels.

a) Security Level 1 is a level where appropriate security protection measures must be maintained continuously;

b) Security Level 2 is a level where additional security protection measures must be maintained during periods of high risk of a security incident;

c) Security Level 3 is a level where specific security protection measures must be maintained for a limited period when a security incident may occur or is imminent, although the specific target may not be identified.

Article 5. Measures to ensure security at inland waterway ports

Security measures at inland waterway ports must be commensurate with each security level:

1. Security Level 1

a) Ensuring the continuous implementation of all security tasks for inland waterway ports as set out in the security plan for inland waterway ports;

b) Monitoring all activities occurring within the port area including anchorage areas;

c) Controlling restricted areas within the port;

d) Inspecting and supervising cargo handling areas;

e) Inspecting and supervising vessel provisioning activities;

f) Ensuring timely exchange of security information.

2. Security Level 2

Additional protective measures specified in the security plan for inland waterway ports must be implemented for each activity specified in Clause 1 of this Article.

3. Security Level 3

Enhanced special protective measures specified in the security plan for inland waterway ports must be implemented for each activity specified in Clause 1 of this Article.

The special enhanced protection measures in the inland waterway port security plan shall be implemented for each activity specified in Clause 1 of this Article.

Article 6. Security Assessment of Inland Waterway Ports

1. The security assessment of inland waterway ports shall be organized and implemented by the port operating enterprise according to the contents stipulated in Appendix I of this Circular, with the participation of representatives of specialized state management agencies at the inland waterway port.

2. Persons conducting the security assessment of inland waterway ports must have professional expertise in the field they are assigned to assess.

3. The security assessment of inland waterway ports must be conducted annually on a regular basis, paying attention to changes in security risks and changes in the inland waterway port.

4. The security assessment of inland waterway ports must include the following contents:

a) Identifying and assessing assets and infrastructure that need protection;

b) Determining potential threats to people, property, critical infrastructure, and the likelihood of occurrence to establish and prioritize security measures;

c) Identifying priority countermeasures to reduce the likelihood of damage;

d) Identifying limitations in human resources, infrastructure, procedures, and policies in ensuring port security.

Article 7. Security Plan for Inland Waterway Ports

1. The security plan for inland waterway ports shall be developed by the port operating enterprise according to the model prescribed in Appendix II of this Circular and approved by the competent state agency, aiming to ensure the application of measures to protect people, ports, vessels, cargo, cargo transport units, and ship stores within the port area, avoiding risks from security incidents.

2. The security plan for inland waterway ports must be established and maintained based on the security assessment of inland waterway ports. The security plan for inland waterway ports must provide appropriate measures for three levels of security.

Article 8. Reserved Conclusion on security of inland waterway ports

The security commitment is carried out according to the model prescribed in Appendix III of this Circular, based on the assessment of potential risks that may arise from communication activities between ships and ports or between ships concerning people, property, and the environment.

1. Ships or ports may request a security commitment in the following cases:

a) The ship has a higher security level than the port or another ship it is communicating with;

b) There is an agreement on security commitments among contracting countries for certain international routes or specific ships on those routes;

c) There is a security threat or security incident related to the ship or port;

d) The ship is in the port but does not require the port to have and implement the approved security plan for inland waterway ports;

e) The ship is conducting communication activities with other ships but does not require having and implementing an approved ship security plan.

2. The content of the security commitment must be reported by the port or ship in accordance with the security level of the port and ship.

3. The security commitment must be prepared by the ship's captain or ship security officer and the port security staff or organization responsible for shore-side security on behalf of the port.

Article 9. Training and Instruction on Port Security

1. Personnel engaged in ensuring port security must complete training and instruction on port security at a training institution specializing in port security training according to the approved training program.

2. After receiving the student's academic results and confirmation from the training institution, within five working days, the Vietnam Inland Waterways Administration shall organize the issuance of a certificate of completion of port security training and instruction according to the model prescribed in Appendix IV of this Circular.

Article 10. Inspection and Security Supervision of Inland Waterway Ports

1. The Vietnam Inland Waterways Administration, Provincial Department of Transport, and Inland Waterway Port Office shall organize inspections and supervision of security work at inland waterway ports within their assigned functions, tasks, and authorities. The inspection checklist follows the model specified in Appendix V of this Circular.

2. Enterprises operating inland waterway ports shall organize self-inspections of security implementation to serve security assessments and the development of inland waterway port security plans.

Article 11. Handling Violations Related to Ensuring Security of Inland Waterway Ports

Handling violations related to ensuring security of inland waterway ports shall be carried out according to regulations on handling administrative violations in the maritime safety and security sector.

Chapter III

PROCEDURES FOR ISSUING CERTIFICATES RELATED TO

INLAND WATERWAY PORT SECURITY

Article 12. Procedure for Approving Security Assessments of Inland Waterway Ports

1. An enterprise operating an inland waterway port shall submit one set of application documents for approval of the security assessment of the inland waterway port through postal service or directly to the Inland Waterway Port Office. The documents include:

a) An application form for approval of the security assessment of the inland waterway port according to the model specified in Appendix VI of this Circular;

b) A security assessment report of the inland waterway port (signed by the enterprise leader and stamped);

c) Minutes of the security assessment meeting with signatures of representatives from participating agencies.

2. Within five working days from the date of receiving the documents, the Inland Waterway Port Office must conduct on-site inspections at the port based on the security assessment report. If the application documents meet the requirements stipulated, within three working days from the end of the on-site inspection, the Inland Waterway Port Office shall submit the documents to the Vietnam Inland Waterways Administration. In cases where the documents do not meet the required conditions, the Inland Waterway Port Office shall guide and request the enterprise to resubmit the documents.

Within seven working days from the date of receiving the documents submitted by the Inland Waterway Port Office, the Vietnam Inland Waterways Administration shall approve the security assessment. If approval cannot be granted, the enterprise must be informed in writing with specific reasons provided.

Article 13. Procedure for Approving Security Plans of Inland Waterway Ports and Issuing Certificates of Security Compliance for Inland Waterway Ports

1. An enterprise operating an inland waterway port shall submit one set of application documents for approval of the security plan of the inland waterway port through postal service or directly to the Inland Waterway Port Office. The documents include:

a) An application form for approval of the security plan and issuance of a certificate of security compliance for the inland waterway port to receive foreign inland vessels according to the model specified in Appendix VII of this Circular;

b) A security assessment report of the inland waterway port that has been approved by the competent authority;

c) A security plan of the inland waterway port (signed by the enterprise leader and stamped).

2. Within five working days from the date of receiving the documents, the Inland Waterway Port Office must conduct on-site inspections at the port based on the security plan. If the application documents meet the requirements stipulated, within three working days from the end of the on-site inspection, the Inland Waterway Port Office shall submit the documents to the Vietnam Inland Waterways Administration. In cases where the documents do not meet the required conditions, the Inland Waterway Port Office shall guide and request the enterprise to resubmit the documents.

Within seven working days from the date of receiving the documents submitted by the Inland Waterway Port Office, the Vietnam Inland Waterways Administration shall approve the security plan and issue a certificate of compliance for the inland waterway port. If issuance cannot be granted, the enterprise must be informed in writing with specific reasons provided.

Article 14. Authority to Approve Security Assessments and Security Plans for Inland Waterway Ports

The Vietnam Inland Waterways Administration is responsible for approving security assessments, security plans, and issuing Security Compliance Certificates for inland waterway ports nationwide. The Security Assessment Approval Certificate shall be issued according to the form prescribed in Appendix VIII of this Circular, while the Security Compliance Certificate shall be issued according to the form prescribed in Appendix IX of this Circular.

Article 15. Annual Confirmation Procedures for Security Compliance Certificates of Inland Waterway Ports

1. Enterprises operating inland waterway ports shall submit one set of documents via postal service or directly to the Vietnam Inland Waterways Administration. The dossier includes:

a) An annual confirmation request for the Security Compliance Certificate of inland waterway ports according to the form prescribed in Appendix X of this Circular;

b) A security assessment report of inland waterway ports with comments from relevant state management agencies at the port: customs, border guards, port authorities, health services, maritime police, public security;

c) Minutes of training sessions, drills, or exercises conducted according to the approved security plan for inland waterway ports;

d) The original Security Compliance Certificate of inland waterway ports.

2. Within five working days from the date of receiving the dossier, the Vietnam Inland Waterways Administration shall review it. If the dossier meets the required conditions, the annual confirmation of the Security Compliance Certificate for inland waterway ports shall be made. In case the dossier does not meet the required conditions, the enterprise must be informed in writing with specific reasons provided.

Article 16. Responsibilities for Implementing Security at Inland Waterway Ports

1. Responsibilities of the Vietnam Inland Waterways Administration

a) The Vietnam Inland Waterways Administration is responsible for implementing this Circular nationwide and reporting on its implementation quarterly and annually to the Ministry of Transport;

b) Guide relevant agencies, units, and enterprises operating ports, and inspect their compliance with the regulations on ensuring port security as stipulated in this Circular;

c) Coordinate with relevant agencies in organizing the implementation of port security work.

2. Responsibilities of the Vietnam Maritime Administration, the Vietnam Ship Registry,

Coordinate with the Vietnam Inland Waterways Administration and Provincial Departments of Transport in exchanging and providing information related to vessel security and inland waterway port security.

3. Responsibilities of Departments of Transport

a) Guide relevant agencies, units, and enterprises operating ports within their jurisdiction, and inspect their compliance with the regulations on ensuring port security as stipulated in this Circular;

b) Coordinate with relevant agencies in implementing port security work.

4. Responsibilities of the Inland Waterway Port Inspection Authority

a) Proactively coordinate with security level-setting agencies and relevant agencies in the area of responsibility to promptly obtain security-related information concerning vessels and ports to ensure appropriate security measures;

b) Guide enterprises operating inland waterway ports in conducting security assessments of inland waterway ports; develop security plans for inland waterway ports;

c) Inspect and supervise the implementation of security work at inland waterway ports.

5. Responsibilities of enterprises operating inland waterway ports

a) Organize the implementation of security assessments of inland waterway ports and develop security assessment reports involving representatives from relevant agencies including the Inland Waterway Port Inspection Authority, Customs, Border Guard, Public Order Police, and Maritime Police;

b) Develop security plans for inland waterway ports in accordance with regulations;

Implement tasks outlined in the security plan for inland waterway ports.

6. Responsibilities of enterprises providing services related to security at inland waterway ports

Enterprises providing services at inland waterway ports that accept foreign watercraft must comply with regulations on ensuring port security.

Article 17. Organization of forces to implement security assurance work for inland waterway ports

1. The Vietnam Inland Waterways Administration shall arrange officers and staff to carry out security assurance work for inland waterway ports.

2. Inland Waterways Port Supervision Units within their scope of responsibility where there are inland waterway ports subject to this Circular shall arrange officers and staff to carry out port security work.

3. Enterprises operating inland waterway ports shall arrange dedicated officers and staff and direct forces to carry out security assurance work for inland waterway ports.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from February 15, 2014.

Table 19. Implementation Organization

1. The Vietnam Inland Waterways Administration shall take the lead and coordinate with relevant agencies to organize the implementation of this Circular.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, Directors of the Vietnam Inland Waterways Administration, Vietnam Maritime Administration, Vietnam Ship Survey Bureau, Directors of Provincial Departments of Transport, related organizations, entities, and individuals shall be responsible for enforcing this Circular./.