Circular No. 69/2014/TT-BGTVT on procedures for confirming inland waterway navigation reports

CIRCULAR

Regulations on Procedures for Confirming Inland Waterway Reports

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Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

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 Legal Department and the Director of the Vietnam Inland Waterway Administration,

The Minister of Transport issues this Circular to regulate procedures for confirming inland waterway reports.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for confirming inland waterway reports submitted by the master or operator of an inland waterway vessel, seagoing vessel, or fishing vessel when such vessels are involved in accidents or incidents on inland waterways or within port and inland waterway terminal waters.

Article 2. Applicability

This Circular applies to masters, persons in charge of vessels, competent authorities for confirming the report of inland waterways, and other relevant agencies, organizations, and individuals.

Article 3. Legal value of the report of inland waterways

1. A report of inland waterways confirmed in accordance with the procedures prescribed in this Circular has evidentiary legal value when resolving disputes related thereto.

2. An inland waterway report confirmed according to the procedures and formalities prescribed in this Circular does not exempt the master or operator of the vessel from legal responsibility for other related matters.

Article 4. Language in the preparation and confirmation of the report of inland waterways

Inland waterway reports shall be prepared and confirmed in Vietnamese or English; if an inland waterway report is prepared in English, upon request of the competent authority confirming the inland waterway report, the master or operator of the vessel must submit a Vietnamese translation along with it.

Chapter II

PROCEDURES FOR CONFIRMING THE REPORT OF INLAND WATERWAYS

1. The Inland Waterway Port Office confirms inland waterway reports submitted by the master or operator of an inland waterway vessel, seagoing vessel, or fishing vessel that have been involved in accidents or incidents within port and inland waterway terminal waters.

2. If an inland waterway vessel, seagoing vessel, or fishing vessel is involved in an accident or incident on inland waterways (outside port and inland waterway terminal waters), the master or operator of the vessel may submit an inland waterway report to one of the following authorities: the Inland Waterway Port Office, the inland waterway management unit, the Waterway Police, or the People's Committee nearest to where the accident or incident occurred.

Article 6. Time limit for submitting the report of inland waterways for confirmation

2. If an inland waterway vessel, seagoing vessel, or fishing vessel is involved in an accident or incident on inland waterways (outside port and inland waterway terminal waters), the inland waterway report must be submitted to the competent state authority specified in Article 5 of this Circular no later than 03 (three) working days from the time of the accident or incident or from the time the vessel first arrives at a port or inland waterway terminal after the accident or incident.

3. If the accident or incident involves cargo in the cargo hold, the inland waterway report must be submitted to the competent state authority specified in Article 5 of this Circular before opening the cargo hold. If the accident or incident occurs during cargo handling (after the cargo hold has been opened), the provisions of Clause 2 of this Article shall apply.

4. In case it is impossible to submit the report of inland waterways within the time limits specified in Clauses 1, 2, and 3 of this Article, the reason for the delay must be clearly stated in the report of inland waterways.

Article 7. Procedure for Confirmation of Inland Waterway Report

When submitting an inland waterway report for confirmation to the competent state authority specified in Article 5 of this Circular, the master or operator of the vessel or their authorized representative must submit and present the following documents:

1. Documents to be submitted for sea vessels:

a) Inland waterway report according to the model prescribed in the Appendix attached to this Circular (02 copies);

b) Extracts from the Logbook related to the incident (02 copies);

c) Extracts from the Chart related to the incident (02 copies).

2. Documents to be submitted for inland waterway vessels and fishing vessels:

a) Inland waterway report according to the model prescribed in the Appendix attached to this Circular (02 copies);

b) Copy of the Self-drawn Sketch describing the location where the accident or incident occurred, with attached images if available (02 copies).

3. Documents to be presented (originals):

a) For sea vessels: the documents prescribed at points b and c of Clause 1 of this Article;

b) For inland waterway vessels and fishing vessels: the documents prescribed at point b of Clause 2 of this Article.

4. For the inland waterway report, in addition to the signature of the master or operator of the vessel and the stamp of the seagoing vessel, inland waterway vessel, or fishing vessel (if there is a seal), there must also be the signature of the chief engineer or one crew member as a witness.

5. In addition to the number of inland waterway reports specified in point a of Clause 1 and point a of Clause 2 of this Article, the master or operator of the vessel may request additional confirmations of other copies with the same content if deemed necessary.

Article 8. Confirmation of Inland Waterway Report

1. When the master or operator of the vessel or their authorized representative submits and presents all the documents specified in Article 7 of this Circular, the competent authority shall proceed to confirm the inland waterway report on the inland waterway report form.

2. The confirmation of the inland waterway report includes the following contents:

a) Date and time of receipt of the inland waterway report;

b) Confirmation of the submission of the inland waterway report;

c) Name, position, and signature of the person confirming the inland waterway report;

d) Stamp of the authority confirming the inland waterway report.

4. The authority confirming the inland waterway report retains one set of the documents specified in Clause 1 and Clause 2 of Article 7 of this Circular, and returns the remaining documents to the master or operator of the vessel.

Article 9. Supplementary Inland Waterway Report

1. The ship captain or the vessel operator has the right to prepare a supplementary inland waterway report if deemed necessary.

2. Supplementary inland waterway reports must also be submitted to the competent authority for confirmation. The procedures for confirming supplementary inland waterway reports are applied similarly to those for confirming inland waterway reports.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from February 1, 2015.

Article 11. Responsibility for Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterway Administration, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.