Circular No. 59/2014/TT-BGTVT on the inspection of the quality of port infrastructure structures within the maritime port area

CIRCULAR

Regulations on quality inspection of port infrastructure structures

within maritime port waters

_____________

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 Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

Pursuant to Decree No. 114/2010/NĐ-CP dated December 6, 2010 of the Government on maintenance of construction works;

Pursuant to Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on management of construction work quality;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Maritime Administration,

The Minister of Transport issues this Circular regulating quality inspection of port infrastructure structures within maritime port waters.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the quality inspection of port infrastructure structures within maritime port waters.

Article 2. This Circular applies to organizations and individuals related to the activities of inspecting the quality of port infrastructure structures within maritime port waters.

Article 2. Interpretation of Terms

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

Clause 1. Port infrastructure structures must undergo inspection including wharves and mooring buoys.

Clause 2. Mooring buoys are systems of floating mooring devices, chains, anchors, and other equipment established within maritime port waters for anchoring vessels, loading and unloading goods, and providing other services.

Clause 3. The normal operational capacity of wharves and mooring buoys is the ability to meet the load and operating conditions specified in the initial completion design documents and the Decision announcing such by the competent authority. In cases where the design documents and completion records are lost, the normal operational capacity of the wharf will be considered based on the history record, survey and inspection documents, reports on corrective actions from the first infrastructure structure inspection, and the Decision announcing such by the competent authority.

Clause 4. Wharves and mooring buoys are deemed to have suffered damage when they fall under any of the following circumstances:

Point a. Sinking or displacement exceeds the allowable value during operation;

Point b. Damage caused by vessel impact, collision, or anchoring, resulting in loss of normal operational capacity;

Point c. Structural damage caused by handling equipment or transport equipment, resulting in loss of normal operational capacity;

Point d. Damage caused by cargo stacking on the surface, resulting in loss of normal operational capacity;

Point đ. Damage caused by meteorological, hydrographic, marine factors, or natural disasters, resulting in loss of normal operational capacity;

Point e. Loss of stability of the anchor system, buoys not ensuring water tightness and stability; chains and auxiliary equipment not meeting working conditions;

Point g. Damage caused by other special impacts.

Article 3. Principles for implementing quality inspection of port infrastructure structures

Clause 1. Quality inspection of port infrastructure structures involves evaluating the quality and normal operational capacity of these structures, ensuring maritime safety, maritime security, and preventing environmental pollution during their operation. Quality inspection of port infrastructure structures includes regular inspections and emergency inspections.

Clause 2. Regular quality inspection of port infrastructure structures is conducted every five years according to the provisions at point c, clause 2, Article 29 of Decree No. 21/2012/NĐ-CP of the Government on port and maritime shipping channel management; the first regular inspection cycle starts from the date the port is officially put into use.

Clause 3. Emergency quality inspection of port infrastructure structures shall be carried out in the following situations:

Point a. After suffering damage as prescribed in clause 4, Article 2 of this Circular;

Point b. When the construction work reaches its designed lifespan or needs to determine the remaining lifespan of the work;

Point c. Upon request of the competent authority.

Clause 4. The project investor of the port or the organization managing and operating the port (hereinafter referred to as the operating organization) has the obligation to conduct quality inspection of the port.

Clause 5. The operating organization of the port may carry out the quality inspection of the wharf itself or select a consulting organization with sufficient capacity as prescribed by law and this Circular. If conducting self-inspection, the operating organization of the port must have the necessary professional capacity for consulting inspection as prescribed by law and this Circular.

Chapter II

QUALITY INSPECTION OF PORT INFRASTRUCTURE STRUCTURES

Article 4. Quality Inspection of Mooring Berths

1. The contents and requirements for the quality inspection of mooring berths shall be carried out in accordance with the National Technical Regulation QCVN 72:2014/BGTVT on classification and manufacturing of mooring buoys and signal buoys issued together with Circular No. 24/2014/TT-BGTVT dated June 30, 2014 of the Minister of Transport.

2. Organizations operating mooring berths are responsible for sending the results of the mooring berth inspection to the Maritime Port Office where the mooring berth is located and the Vietnam Maritime Administration within ten working days from the date of receiving the inspection results for monitoring purposes.

Article 5. Quality Inspection of Piers

1. Initial periodic inspection of piers:

a) For operational piers functioning normally, only data regarding natural conditions and pier usage will be collected and evaluated through visual observation and measurements of geometric dimensions, photographs of current conditions; comparing and evaluating the current state with completion records and design documents to conclude on the feasibility of pier operation; calculation audit is not mandatory.

b) In cases where piers have incidents or do not meet construction quality standards, they must be inspected according to the provisions for periodic inspections from the second cycle onwards as stipulated in Clause 2 of this Article.

2. Periodic inspections from the second cycle onwards include: collecting data on natural conditions, usage, and current operational status of the piers; assessing the load-bearing capacity of existing pier structures, stability of the entire structure under specified loads and operational conditions as defined in the initial design or in the most recent operational history of the pier; proposing feasible operational scale and scope for cases that do not meet initial operational conditions; identifying causes of structural damage and erosion, and recommending remediation measures, repair conditions, and operational conditions of the pier.

Article 6. Organization of Consulting for Quality Inspection of Ports

1. Consulting organizations for quality inspection must have the capacity as prescribed in Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on construction project quality management; Circular No. 03/2011/TT-BXD dated April 6, 2011 of the Minister of Construction guiding inspection, supervision, and certification of load-bearing safety and quality compliance of construction projects, and related laws.

2. Organizations operating port berths are responsible for selecting consulting organizations for quality inspection with the required capacity as stipulated in Clause 1 of this Article, other relevant laws (in cases where they do not conduct the inspection themselves), and bear responsibility for the selection results.

3. When submitting the pier inspection results to the Vietnam Maritime Administration for approval as provided for in Article 12 of this Circular, the organization operating the pier must also submit the evaluation file of the consulting organization's capacity.

4. In the first quarter of each year, the Vietnam Maritime Administration compiles and publishes a list of consulting organizations that have participated in pier quality inspections on its official website, and sends it to the Ministry of Transport for publication on the Ministry’s website.

Article 7. Methods, standards for surveying, testing, and calculation verification of wharf bridges

The methods and standards for surveying, testing, and calculation verification proposed by the inspection consultancy and approved by the bridge wharf operating organization must be consistent with technical standards, regulations, and relevant legal provisions.

Article 8. Preparation for Bridge Wharf Inspection Work

Prior to conducting bridge wharf inspections, the inspection consultancy must perform the following tasks:

1. Conduct surveys, draft inspection outlines, and submit them for approval by the bridge wharf operating organization.

2. Collect materials serving the inspection, including:

a) Documents on natural conditions, topography, and geological data;

b) Construction drawings and completion documents of the bridge wharf project. In cases where such documents are unavailable, they must be surveyed and redrawn to ensure sufficient information for assessing and inspecting the quality of the project;

c) Design documents for repairs, renovations, and upgrades of the bridge wharf project, and the most recent inspection report (if available);

d) Operating documents of the bridge wharf, such as the bridge wharf’s history record, operation logs, and documents for port opening announcements.

3. Prepare adequate human resources and inspection equipment suitable for the inspection process.

4. Equip with complete personal protective tools and devices to ensure safety during the inspection process.

Article 9. Surveying Current Conditions and Testing Structural Components of Bridge Wharfs

1. Based on natural condition data, topography, geological data of the project, and maritime notifications for waters before the bridge wharf. If the current status differs from the initial design conditions, additional necessary data surveys must be conducted to serve the inspection work.

2. Survey the dimensions and integrity of structural components

a) Survey and describe comprehensively the current state and surface of structural components, including: general geometric dimensions of each component; determine the current connection, deformation, corrosion status of steel structure components compared to initial design technical requirements; determine the cracking, breaking, erosion, and connection status of reinforced concrete structure components compared to initial design technical requirements (locations and extent of cracks and damages on components, determine their positions and ranges (length, width, depth), take photos of the current state; cracks in reinforced concrete, determine crack locations, lengths, widths, depths; determine overall deformation and average corrosion levels of components, range and positions of localized damages due to deformation and rusting).

b) Determine the current status and connections of auxiliary equipment with the bridge wharf.

c) Survey results must reproduce the main structural drawings of the bridge wharf, accompanied by descriptions and images at the time of inspection.

3. Survey the deformation status of the bridge wharf

a) Survey the elevations of specific points or components of the bridge wharf.

b) Survey the lateral displacement of specific points or components of the bridge wharf.

c) Survey the scouring and deposition conditions before the bridge wharf.

d) Survey the displacement and settlement conditions of structures after the bridge wharf.

4. Survey and test the technical properties of primary construction materials at the time of inspection. Depending on the usage period, operational conditions, and existing damage status of the project, the inspection consultancy proposes appropriate sample quantities and test frequencies to ensure sufficient grounds for evaluating the project's quality.

5. Evaluate the current water area conditions before the bridge wharf

a) Assess the anchorage area topography according to the latest maritime notification. If there is insufficient basis for inspection, the inspection consultancy reports to the bridge wharf operating organization to conduct supplementary data surveys as recommended by the consultancy.

b) Inspect the maritime signaling system in the water area before the bridge wharf (if applicable).

c) Evaluate and conclude on the topography of the water area before the bridge wharf: current seabed elevation compared to design; areas of siltation, shallowing, and obstructions.

Article 10. Calculation and processing of wharf bridge inspection results

1. Calculation of the operational capacity of the wharf bridge under the influence of loads and operational conditions of the wharf bridge, including:

a) Calculation of the operational capacity of the wharf bridge according to strength (the first limit state);

b) Calculation of the operational capacity of the wharf bridge according to deformation (the second limit state);

c) Calculation of overall stability conditions;

d) Calculation to check the anchorage water area for ships;

đ) Based on the audit results, evaluate and draw conclusions regarding the working capacity and operational conditions of the wharf infrastructure.

2. Processing of inspection results

a) Drafts the inspection record;

b) Through the completion report of the inspection work. The minimum participants in the completion report of the inspection work must include representatives of the owner of the construction or the organization operating and using it, and representatives of the inspection unit conducting the inspection. Participants in the inspection report must sign and stamp the report. The inspection report is part of the inspection file;

c) Summarize the inspection results in the wharf bridge record.

Article 11. Wharf Bridge Inspection File

1. The wharf bridge inspection file includes:

a) Inspection outline;

b) Survey documents: topography, geology, meteorology, hydrography, environment, current structural condition of the construction (drawings, photographs, explanatory notes...);

c) Written inspection report with confirmation from the wharf bridge operating organization and the consulting inspection organization, containing the main contents stipulated in Clause 2 of this Article.

2. Main contents of the inspection report

a) Legal basis;

b) General introduction of the inspected construction;

c) Name of the wharf bridge operating organization;

d) Reasons for conducting the inspection;

đ) Name of the consulting organization implementing the inspection work; time and process of conducting the inspection work;

e) Inspection content;

g) Results of checking and evaluating the current status of the wharf bridge; equipment and technical solutions used;

h) Results of checking the quality of parts of the wharf bridge; equipment and technical solutions used;

i) Results of auditing load-bearing capacity, stability conditions of the construction, and operational conditions of the wharf bridge;

k) Load test report (if applicable);

l) Determination of causes of damage and erosion of the construction structure, thereby proposing improvement and repair solutions for the wharf bridge (if applicable); management operation solutions;

m) Conclusions and recommendations on the quality of the wharf bridge;

n) Updating the wharf bridge record;

o) Appendices with measurement data, processing, and auditing of the construction;

p) Completion report of the inspection work;

q) Relevant legal documents.

3. The inspection file is managed according to the design file management system and in accordance with legal regulations.

Article 12. Approval of wharf bridge quality inspection results

1. At least thirty working days before the wharf bridge reaches its regular inspection deadline or immediately after completing an emergency inspection, the wharf bridge operating organization must complete the wharf bridge quality inspection file.

2. The wharf bridge operating organization sends one set of the inspection result approval request file directly or through the postal service to the Vietnam Maritime Administration. The file includes:

a) A document requesting a response to the suitability of the wharf bridge quality inspection results according to the model specified in Appendix I of this Circular;

b) The inspection file;

c) Files on renovation, supplementation, and acceptance of sections related to the quality of the wharf bridge (if applicable);

d) Files proving the capability to conduct inspections if self-inspection is performed; evaluation files of the consulting organization's capability if self-inspection is not performed.

3. The Vietnam Maritime Administration receives, reviews the file, and processes as follows:

a) In cases where the file is sent directly, if the file is complete, issue a receipt and schedule the return of the result within the prescribed period; if the file is incomplete according to regulations, return it immediately and guide the wharf bridge operating organization to complete the file again.

b) In cases where the file received through the postal service is incomplete according to regulations, within two working days from the date of receiving the file, the Vietnam Maritime Administration issues a document requesting the wharf bridge operating organization to supplement and complete the file.

c) Within five working days from the date of receiving the complete file as stipulated in Clause 2 of this Article, the Vietnam Maritime Administration must issue an approval document for the wharf bridge quality inspection results according to the model specified in Appendix II of this Circular; in case of non-approval, issue a reply document specifying the reasons.

4. The wharf bridge operating organization is responsible for repairing, rectifying, and supplementing sections according to the inspection results approved by the Vietnam Maritime Administration; report the results to the Vietnam Maritime Administration and the local maritime port authority.

5. The local maritime port authority is responsible for supervising, inspecting, and confirming the results of repairs, rectifications, and supplements of wharf bridge sections according to the inspection results approved by the Vietnam Maritime Administration.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Responsibilities of the Vietnam Maritime Administration

1. Organize guidance for the implementation of inspection work on port infrastructure structures in accordance with regulations.

2. Direct maritime port supervision units in areas where ports are located to guide relevant units to implement inspections of port infrastructure structures in compliance with regulations and within the specified time frame.

3. Guide port exploitation organizations to select consulting organizations for inspecting the quality of port bridges and floating berths that meet the conditions stipulated in this Circular and related legal provisions.

4. Organize inspection, supervision, audit, and handling of violations concerning the inspection of the quality of port infrastructure structures in accordance with legal provisions.

Article 14. Responsibilities of maritime port supervision units

1. Notify port bridge management and exploitation organizations, floating berths about the time required to conduct quality inspections.

2. Inspect and supervise the implementation of inspections of port infrastructure structures within the maritime port area. Only allow vessels to operate at berths that have completed quality inspections or have finished repairs, improvements, and additions based on inspection results approved by the Vietnam Maritime Administration.

3. Take the lead and coordinate with competent authorities to handle violations concerning the inspection of the quality of port infrastructure structures in accordance with regulations.

Article 15. Responsibilities of port bridge exploitation organizations and floating berths

1. Implement inspections of port infrastructure structures of port bridges and floating berths in accordance with this Circular and other relevant legal provisions.

2. Ensure the quality of construction projects in compliance with legal provisions on investment project management and construction quality management.

Article 16. Responsibilities of inspection consulting organizations

1. Ensure that consulting products are carried out in accordance with assigned requirements, conforming to technical standards and legal provisions.

2. Bear legal responsibility before the law and administrative bodies for the outcomes of their work and compensate for damages caused by their consulting products.

3. Fulfill all obligations and responsibilities of consultants as stipulated in signed contracts and legal provisions.

Article 17. Effective Date

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

2. Repeal Section 6 of Circular No. 10/2013/TT-BGTVT dated May 8, 2013, issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 21/2012/NĐ-CP dated March 21, 2012, of the Government on port management and maritime channels.

Article 18. Implementation Organization

1. The Infrastructure Department takes the lead and coordinates with relevant agencies and units to organize inspections and provide advice to resolve issues arising from the inspection of the quality of maritime port infrastructure.

2. 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 General Directors of the Northern Maritime Safety Assurance Corporation, the Southern Maritime Safety Assurance Corporation, and related agencies, organizations, and individuals are responsible for implementing this Circular./.