Decree No. 70/2016/ND-CP on Conditions for Providing Marine Safety Assurance Services

 

DECREE

On conditions for providing maritime safety services

Pursuant toThe Vietnam Maritime Code November 25, 2015;

Pursuant toLaw on Government Organization June 19, 2015;

Pursuant toInvestment LawNovember 26, 2014;

Pursuant toEnterprise Law November 26, 2014;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on conditions for providing maritime safety services.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates conditions for providing maritime safety services, including:

a) Establishing, operating, maintaining, and servicing maritime signals, shipping channels, and maritime routes;

b) Maritime notifications;

c) Surveys for maritime notifications;

d) Regulation to ensure maritime safety;

đ) Surveys, construction, and issuance of nautical charts of port waters, shipping channels, and maritime routes; construction and issuance of maritime safety documents and publications;

e) Maritime electronic information;

g) Pilotage services;

h) Removal of obstructions;

i) Importation of maritime signals.

2. Other maritime safety services not specified in Clause 1 of this Article shall be carried out in accordance with the provisions of the law.

Article 2. Applicability

This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals related to maritime safety services in Vietnam.

Article 3. Explanation of Terms

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

1. Compulsory pilotage area (hereinafter referred to as compulsory pilotage area) is the part of the port water area or offshore oil exploitation area, determined from the pilot exchange area to the wharf, berth, anchorage area, transshipment area, typhoon shelter, shipbuilding and repair yard, offshore oil terminal, and vice versa, which vessels must use pilots to guide ships according to the provisions of the Vietnam Maritime Code. A compulsory pilotage area includes one or more ship guiding routes.

2. Ship guiding route is the voyage route of vessels guided by pilots from the pilot exchange area to the wharf, berth, anchorage area, transshipment area, typhoon shelter, shipbuilding and repair yard of a port or offshore oil terminal within the compulsory pilotage area.

3. Maritime electronic information service is the service of establishing, managing, operating, and exploiting maritime telecommunications networks; implementing the provision of coastal information services, other electronic information services to maintain information for search and rescue operations, disaster prevention, maritime safety, security, and environmental protection activities.

4. Maritime notification is a document providing information and guidance to seafarers and relevant organizations and individuals to ensure maritime safety, maritime security, and prevent environmental pollution.

5. Maritime signal is a signal used in maritime safety work, maritime search and rescue, including: Various types of signals, handheld flares, and smoke signals that meet the provisions of the law and international conventions to which Vietnam is a member.

1. Organizations and individuals providing maritime safety services in Vietnam may only operate when they comply with the provisions of this Decree and other relevant laws.

2. Provided maritime safety services must comply with the provisions of the law, international conventions to which Vietnam is a member, and the actual maritime operation situation in the region. Supplement

Chapter II

CONDITIONS FOR PROVIDING MARITIME SAFETY SERVICES

Section 1

CONDITIONS FOR PROVIDING SERVICES OF ESTABLISHING, OPERATING,

 MAINTAINING AND MAINTENANCE OF MARITIME BUOYS,

 NAVIGATION LANES AND ROUTES

Enterprises providing services of establishing, operating, maintaining and maintenance of maritime buoys, water areas, sea zones, public navigation lanes and routes must meet the following conditions:

1. Be an enterprise with 100% state-owned charter capital; established, approved organizational and operational regulations by the Minister of Transport.

3. Have minimum facilities, including:

a) 01 wharf, production workshop, maintenance facility for maritime buoys equipped according to the regulations of the Minister of Transport;

b) 01 dedicated vessel suitable for the work of establishing, operating, maintaining, repairing, and continuously monitoring the operation of the maritime buoy system, as prescribed by the Minister of Transport;

c) 01 management station for ensuring the requirements of managing and operating on at least one public navigation lane.

Enterprises providing services of establishing, operating, maintaining and maintenance of maritime buoys, water areas, sea zones, dedicated navigation lanes must meet the following conditions:

1. Established in accordance with the provisions of the law.

3. Have a specialized department responsible for providing services of establishing, operating, maintaining and maintenance of maritime buoys, water areas, sea zones, dedicated navigation lanes. The person appointed to head the specialized department must have a university degree or higher in maritime safety or hydraulic engineering and at least five years of experience working in the field of maritime safety.

4. Have minimum facilities, including:

a) 01 wharf, 01 workshop for producing and maintaining maritime buoys equipped according to the regulations of the Minister of Transport;

b) 01 dedicated vessel or a contract to lease 01 dedicated vessel suitable for the work of establishing, operating, maintaining, repairing, and monitoring the operation of the maritime buoy system, as prescribed by the Minister of Transport;

c) 01 management station for ensuring the requirements of managing and operating on at least one dedicated navigation lane.

Section 2

CONDITIONS FOR PROVIDING SURVEY SERVICES

TO SUPPORT THE ANNOUNCEMENT OF MARITIME NOTICES

Enterprises providing services to survey maritime areas, waters, public shipping channels, and routes serving the issuance of Maritime Notices must meet the following conditions:

1. Be an enterprise with 100% state-owned charter capital; established, approved organizational and operational regulations by the Minister of Transport.

3. Having at least one dedicated vessel as prescribed by the Minister of Transport to support survey work.

4. Equipped with complete survey and measurement equipment as prescribed by the Minister of Transport.

Enterprises providing services to survey dedicated maritime areas, waters, and shipping channels serving the issuance of Maritime Notices must meet the following conditions:

1. Established in accordance with the provisions of the law.

3. Having a specialized department to carry out services for surveying dedicated maritime areas, waters, and shipping channels. The person appointed to head the department responsible for surveying dedicated maritime areas, waters, and shipping channels must hold a bachelor's degree or higher in marine safety engineering or cartography and have at least five years of experience working in marine surveying.

4. Having at least one dedicated vessel or leasing one dedicated vessel as prescribed by the Minister of Transport to support survey work.

5. Equipped with complete survey and measurement equipment as prescribed by the Minister of Transport.

Section 3 CONDITIONS FOR PROVIDING MARITIME NOTICE SERVICES

Article 9. Maritime Notice

1. A Maritime Notice includes:

a) Maritime Notice on the activities of maritime aids to navigation: Establishment, change in operational characteristics, temporary suspension, cessation of operations of maritime aids to navigation;

b) Maritime Notice on technical parameters of shipping channels, waters before ports, and areas and waters;

c) Maritime Notice on newly discovered dangerous obstructions;

d) Maritime Notice on construction zones on the sea or within shipping channels;

đ) Maritime Notice on underwater structures or structures crossing shipping channels;

e) Maritime Notice on maritime traffic routing or restrictions, temporary suspension of operations of shipping channels;

g) Maritime Notice on restricted or prohibited maritime activity zones;

h) Maritime Notice on retransmitted information, navigational guidance information related to maritime activities;

i) Announcing maritime routes and traffic routing in Vietnam’s territorial waters.

2. Enterprises providing maritime notice services shall implement notices specified in points a, b, c, d, and đ of Clause 1 of this Article.

3. Port Maritime Services Units shall implement notices specified in points e, g, and h of Clause 1 of this Article.

4. The Vietnam Maritime Administration shall implement notices specified in point i of Clause 1 of this Article.

Enterprises providing maritime notice services as stipulated in Clause 2, Article 9 of this Decree must meet the following conditions:

1. Be an enterprise with 100% state-owned charter capital; established, approved organizational and operational regulations by the Minister of Transport.

3. Must have a permanent workforce available 24/7 to process information and publish maritime notices.

Section 4

CONDITIONS FOR PROVIDING NAVIGATIONAL SERVICES

MARITIME SAFETY GUARANTEE

Enterprises providing navigational regulation services ensuring maritime safety in inland waters, sea areas, and public shipping channels must meet the following conditions:

1. Be an enterprise with 100% state-owned charter capital; established, approved organizational and operational regulations by the Minister of Transport.

3. Must have at least one dedicated navigational regulation station with full staffing to meet the requirements for regulating one facility and two suitable vessels according to the regulations of the Minister of Transport for navigational regulation ensuring maritime safety.

Enterprises providing navigational regulation services ensuring maritime safety in inland waters, sea areas, and dedicated shipping channels must meet the following conditions:

1. Established in accordance with the provisions of the law.

3. Must have a dedicated department responsible for maritime safety regulation. The person appointed to head the navigational regulation service department ensuring maritime safety must have graduated from university or higher in marine safety or ship navigation and at least five years of experience working in the field of maritime safety regulation.

4. Must have at least one dedicated navigational regulation station with full staffing to meet the requirements for regulating one facility and two suitable vessels or contracts to hire two suitable vessels according to the regulations of the Minister of Transport for navigational regulation ensuring maritime safety.

Section 5

CONDITIONS FOR PROVIDING SURVEYING, CONSTRUCTION AND ISSUANCE OF NAUTICAL CHARTS OF PORT WATERS, SHIPPING CHANNELS AND ROUTES; CONSTRUCTION AND ISSUANCE OF NAUTICAL DOCUMENTS AND PUBLICATIONS

NAVAL CHARTS OF THE PORT SEAS AREA, SHIPPING LANES AND

SHIPPING ROUTES; CONSTRUCTION AND ISSUANCE OF NAVIGATION SAFETY DOCUMENTS,

PRINTED MATTER ON NAVIGATION SAFETY

Enterprises providing surveying, construction, and issuance of nautical charts of port waters, shipping channels, and routes; construction and issuance of nautical documents and publications must meet the organizational and capital conditions as follows:

1. Established in accordance with the law, with the state holding 100% of the charter capital; established, approved organizational charters and operations by the Minister of Transport.

2. Must have a license for surveying and mapping activities as prescribed.

Enterprises providing services for surveying, constructing, and issuing nautical charts of port waters, shipping channels, and maritime routes; constructing and issuing maritime documents and publications must meet the following conditions regarding human resources and infrastructure:

2. The person appointed to head the field must have graduated from university or higher in marine safety assurance or cartography and have at least five years of experience working in marine surveying.

3. Must have at least one specialized survey vessel in accordance with the regulations of the Minister of Transport.

4. Must have complete surveying and mapping equipment in accordance with the regulations of the Minister of Transport.

Section 6.

CONDITIONS FOR PROVIDING MARITIME ELECTRONIC INFORMATION SERVICES

Enterprises providing maritime electronic information services must meet the following conditions regarding organization and capital:

1. Is an enterprise established in accordance with the provisions of the law, with the State holding 100% of the registered capital; established, approved organizational charter and operation by the Minister of Transport.

2. Must have a license to establish a telecommunications network to provide services in accordance with the regulations.

Enterprises providing maritime electronic information services must meet the following conditions regarding human resources and infrastructure:

1. Must have a dedicated department to carry out maritime electronic information services. The person appointed to head the dedicated department for maritime electronic information services must have graduated from university or higher in maritime information or telecommunication engineering and must have at least five years of experience working in maritime electronic information services.

2. Must have sufficient personnel to ensure the provision of maritime electronic information services on a 24/7 basis (24 hours a day/7 days a week) in accordance with Vietnamese law and relevant international organizations of which Vietnam is a member.

3. Must be assigned to manage the national maritime electronic information infrastructure, including Vietnam Coastal Radio Stations according to GMDSS standards, Inmarsat Land Earth Station (LES), Cospas-Sarsat Mission Control Center (MCC) and Very High Frequency Long Range Identification and Tracking (LRIT) stations.

Section 7

CONDITIONS FOR PROVIDING PORT TOWAGE SERVICES

Article 17. Conditions regarding organization and capital of enterprises

Enterprises providing port towage services are enterprises established in accordance with the law, with the State holding at least 75% of the registered capital.

Enterprises providing port towage services must meet the following conditions regarding human resources and infrastructure:

1. Must have a dedicated department to carry out port towage services. The person appointed to head the department responsible for carrying out port towage services must have a bachelor's degree or higher and be a senior pilot.

2. Must be assigned by the Vietnam Maritime Administration the compulsory pilotage area and route. One route can only be handled by one pilotage company to provide port towage services.

3. Must have a minimum number of pilots of various ranks with certificates of competence corresponding to the assigned route and ensure sufficient means of transportation for pilots at the assigned route in accordance with the regulations of the Minister of Transport.

1. The application dossier for assigning pilotage routes includes:

a) A request document according to Model No. 01 prescribed in the Appendix issued together with this Decree;

b) A list of pilots accompanied by copies of the Certificate of Professional Competence for Marine Pilots and copies of the Certificate of Pilotage Area for each pilot;

c) A declaration form for means of transportation of pilots accompanied by copies of the Registration Certificate of such means of transportation.

2. Procedure for assigning pilotage routes:

b) In case the application is submitted directly, if it is complete, a receipt will be issued and a result delivery date will be set within the prescribed time limit; if the application is incomplete, it will be returned immediately and the pilotage company will be instructed to complete the application.

d) Within five working days from the date of receiving a complete application as prescribed, the Vietnam Maritime Administration shall examine and appraise the application and seek approval from the Ministry of Transport. Within three working days from the date of receiving the request for opinion from the Vietnam Maritime Administration, the Ministry of Transport shall issue a reply; in case of disapproval, a written reply must be issued stating the reasons so that the Vietnam Maritime Administration can issue a reply to the pilotage company.

đ) Within three working days from the date of receiving the approval from the Ministry of Transport, the Vietnam Maritime Administration shall decide on assigning the pilotage route to the pilotage company.

CONDITIONS FOR PROVIDING PILOTAGE SERVICES

1. Enterprises providing pilotage services must be established in accordance with the provisions of the law.

2. At the time of establishment, they must have a minimum capital of VND 5 billion and maintain it throughout their operation.

Ensuring sufficient means and equipment suitable for pilotage and preventing environmental pollution.

Section 9

CONDITIONS FOR OPERATING IMPORT FIREWORKS SERVICES

Organizations and individuals wishing to import marine fireworks must meet the following conditions:

1. Established in accordance with the provisions of the law.

2. At the time of establishment, they must have a minimum capital of VND 2 billion and maintain it throughout their operation.

3. They must have a Certificate issued by the competent authority of the producing country confirming that the marine fireworks have been tested in compliance with the regulations of the International Maritime Organization.

4. They must have an import permit for marine fireworks.

5. They must comply with fire prevention and firefighting conditions as prescribed by law.

1. The application dossier for issuing Import Permits for Marine Signals includes:

a) A request document for importing marine fireworks, clearly stating the type, quantity, producing country, specifications, characteristics, and functions, code marks, and usage period of each type; import period;

 b) An authenticated translation of the Certificate of Origin issued by the competent authority of the producing country confirming that the marine fireworks have been tested in compliance with the regulations of the International Maritime Organization;

c) Report on the implementation of the previous year's Import Permit by the organization or individual and the Import Permit tracking record of the Customs Sub-Department at the port of entry (if available).

2. Procedure for issuing permits:

a) Organizations and individuals shall submit the application as prescribed in Clause 1 of this Article directly or through the postal service or by other appropriate methods as prescribed to the Ministry of Transport;

b) In case the application is submitted directly, if it is complete, a receipt will be issued and a result delivery date will be set within the prescribed time limit; if the application is incomplete, it will be returned immediately and the organization or individual will be instructed to complete the application.

c) In case the application is received through the postal service or by other appropriate methods, if it is incomplete as prescribed, within two working days from the date of receiving the application, the Ministry of Transport shall issue a document to the organization or individual specifying the reasons and requesting supplementary completion of the application.

d) Within two working days from the date of receiving a valid application, the Ministry of Transport shall issue a document seeking opinions from the Ministry of National Defense and the Ministry of Public Security;

đ) Within five working days from the date of receiving the request for opinion from the Ministry of Transport, the Ministry of National Defense and the Ministry of Public Security shall respond in writing. If they fail to respond within the said period, their silence shall be deemed as agreement with the content of the request for opinion from the Ministry of Transport;

e) Within five working days from the date of receiving the comments from the Ministry of National Defense and the Ministry of Public Security, the Ministry of Transport shall issue the Import Permit according to Model No. 02 prescribed in the Appendix issued together with this Decree; in case the permit is not issued, the Ministry of Transport must issue a written reply stating the reasons.

3. The Ministry of Transport shall not issue an Import Permit for marine fireworks in cases where the marine fireworks have exceeded their usage period or have unclear origins.

Chapter III

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. This Decree takes effect from July 1, 2017; however, the provisions concerning conditions for operating import fireworks services take effect from July 1, 2016.

2. Repeal the following Decrees and provisions:

a) Decree No. 173/2007/NĐ-CP dated November 28, 2007 of the Government on the organization and operation of marine pilots;

b) Decree No. 49/2011/NĐ-CP dated June 21, 2011 of the Government amending and supplementing Article 11 of Decree No. 173/2007/NĐ-CP dated November 28, 2007 of the Government on the organization and operation of marine pilots;

c) The Ministry of Transport shall prescribe the procedures for issuing licenses as stipulated in Section II (List of goods for export and import under licenses and subject to specialized management by the Ministry of Transport) of Appendix II (List of goods for export and import under licenses and subject to specialized management) issued together with Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign-related agency buying, selling, processing, and transiting goods.

Article 25. Transitional Provisions

Businesses that are providing maritime safety assurance services before this Decree takes effect may continue to provide such services; within two years from the date this Decree takes effect, they must meet all conditions prescribed in this Decree.

Article 26. Implementation

1. The Minister of Transport shall be responsible for promulgating regulations, national technical standards, and economic-technical norms to serve the provision of maritime safety assurance services; guiding and coordinating with relevant ministries, sectors, and provincial-level People's Committees to implement this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.

 

ANNEX

SAMPLE DOCUMENTS USED IN THE PROVISION OF MARITIME SAFETY ASSURANCE SERVICES
(Attached to Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government)

 

Form No. 01

 

PETITION FOR APPLICATION

Assignment of pilotage route

Respectfully submitted to: Vietnam Maritime Administration.

Company name: ...

Legal Representative:...

Business registration number:

Address: ... Contact phone number: ...

We request the Vietnam Maritime Administration to assign the following pilotage routes to our company:

1. Pilotage route ... belonging to the compulsory pilotage area...

2. Pilotage route ... belonging to the compulsory pilotage area...

............................................................................................................................................

Attached documents:

1. List of pilots by category (attached with copies of the Certificate of Pilotage Competency and the Certificate of Pilotage Area of each pilot).

2. Declaration of vessels used for picking up and dropping off pilots (attached with copies of the Registration Certificate of these vessels).

We respectfully request the Vietnam Maritime Administration to consider and decide./.

 

 

Form No. 02

 

LICENSE

Import of maritime signal flares

MINISTRY OF TRANSPORTATION

Pursuant to Decree No. .../2016/NĐ-CP dated ….. June 2016 of the Government on conditions for providing maritime safety assurance services;

Pursuant to Circular No. …of …

Permit: …(name, business registration certificate number (or investment certificate number), date of issuance, issuing authority; address, contact number of the organization or individual applying for import) to import maritime signal flares with types and quantities as follows:

1. .......................................................................................................................................

2. .......................................................................................................................................

3. .......................................................................................................................................

(Specify clearly the type, quantity, code mark, country of manufacture of each type of signal flare).

Organizations and individuals permitted to import maritime signal flares shall be responsible for complying with laws on importation of goods, quality of goods, and using them for the permitted purposes.

This permit is valid until day …month ……. year ……./.