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DECREE No.
24/2001/ND-CP OF MAY 30, 2001 AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE REGULATION ON MANAGEMENT OF MARITIME ACTIVITIES AT SEA
PORTS AND MARITIME ZONES OF VIETNAM, PROMULGATED TOGETHER WITH THE
GOVERNMENT’ S DECREE No. 13/CP OF FEBRUARY 23, 1994
THE GOVERNMENT
Pursuant to
the Law on Organization of the Government of September 30, 1992;
Pursuant to
Vietnam’s Maritime Code of June 30, 1990;
At the
proposal of the Minister of Communications and Transport,
DECREES:
Article 1:
To amend
and supplement a number of articles of the Regulation on management of
maritime activities at sea ports and maritime zones of Vietnam, which
was promulgated together with the Government’ s Decree No. 13/CP of
February 25, 1994, as follows:
1.
Article 5 is amended as follows:
The Minister of
Communications and Transport shall consider and decide the announcement
on the opening and/or closure of sea ports and shipping routes on the
basis of the proposal of Vietnam Maritime Bureau.
2.
Article 6 is amended and supplemented as follows:
1.
Sea
ports must be invested in and constructed in accordance with the
approved Planning for overall development of Vietnamese sea ports
system.
2.
Vietnamese and foreign organizations and individuals, that are permitted
to invest in the construction of sea ports or to deal in and exploit sea
ports in Vietnam, may all open sea ports, hereinafter referred
collectively to as investors.
3.
The
procedures for opening sea ports shall be as follows:
a)
Before preparation for investment in he construction of sea ports:
The investors
shall send to Vietnam Maritime Bureau written requests for opening of
sea ports, enclosed with drawing of the ground level for dock
arrangement, water area in front of docks and lane section from the
national shipping route into the port. The written requests must clearly
state the necessity to invest in the construction of the ports, the
locations, sizes and use purposes of the ports.
Within no more
than 7 working days as from the date of receiving the above-mentioned
document, Vietnam Maritime Bureau must send written replies to the
investors. If refusing to approve, Vietnam Maritime Bureau must clearly
state the reasons therefore in its written replies.
b)
Process of investment in the construction of sea ports:
Investors must
strictly comply with the law provisions on management of investment,
construction, bidding and other current relevant legal documents when
investing in the construction of sea ports. Before starting the
construction of sea ports, the investors shall have to send to Vietnam
Maritime Bureau the decisions approving the technical designs.
Vietnam
Maritime Bureau shall have to supervise the maritime safety in the
course of seaport construction.
c)
After
completing the seaport construction, the investors shall send to Vietnam
maritime Bureau the following papers in order to make the announcement
on opening seaports for exploitation and use:
-A written
requests to announce the opening of seaport;
-The competent
body’s or organization’ s decision on investment in seaport
construction;
-The record on
final acceptance of completed seaport project for putting it to use,
enclosed with the completed construction drawing of the ground level,
facade and cross-section of the seaport project;
-Maritime
notice, average depth level and report on survey of sea bed of the water
area in front of dock and shipping lane section from the national
shipping route into the port;
-The written
certification of the project reaching the environmental standards,
issued by a competent State body.
-The written
certification of the project satisfying fire prevention and fight
conditions, issued by a competent State body.
Within no more
than 7 working days form the date of receiving the above-said valid
papers, the Vietnam Maritime Bureau shall report to the Ministry of
Communications and Transport thereon for considering and deciding the
announcement on seaport opening.
Where it is
deemed necessary to make re-examination, Vietnam Maritime Bureau shall
conduct the examination before reporting to the Ministry of
Communications and Transport for deciding on the seaport opening
announcement.
4.
The
provisions stated in Section 3, Clause 2, Article 1 of this Decree shall
also apply to the investment in the construction of new docks by ship
repair and building establishments, sea shipping routes, trans-shipment
anchorage area. Particularly for new construction, renovation and
upgrading projects within the port water area, which have already been
announced, after their completion, Vietnam Maritime Bureau shall
consider and decide permitting sea ships to enter for operation, when
the investors have acquired all valid papers as provided for in Section
3, Clause 2, Article 1 of this Decree.
3.
Article 7 is amended, supplemented as follows:
For works not
covered by seaport expansion projects prescribed in Clause 2, Article 1
of this Decree but such works have affected the maritime safety
conditions, the investors shall have to take the following steps:
1.
Before preparing for investment:
The investors
shall send to Vietnam Maritime Bureau the written exposition on the
investment projects to be constructed, with such specific contents as:
The name, location, position, use purpose, technical parameters and
other requirements related to maritime activities in areas where such
projects are constructed.
Within 7
working days as from the date of receiving the written requests of
investors, Vietnam Maritime Bureau must send their written replies. In
case of disapproval, the Vietnam Maritime Bureau must reply in writing,
clearly stating the reasons therefore.
2.
Before putting projects to use:
The investors
shall have to widely publicize at least for two consecutive times on
central or local mass media the following contents:
The name,
position, characteristics, water zone limits, relevant technical
parameters such as the clear span, clear overhead, warning signals, time
for ship passage and the project depth against the “0” marine chart
water level, the time for commencement, termination (if any) of
operation of the project and other restriction requirements aiming to
ensure safety of projects.
4.
Article 11 is amended, supplemented as follows:
Foreign
vessels arriving in Vietnamese seaports or foreign vessels transiting Vietnam on
their way to the third countries shall have to comply with the following
regulations:
1.
For
sea ships carrying cargo or passengers, sea ships conducting petroleum
or fishery activities, within 48 hours before their estimated arrival at
places to pick up and/or return pilots, the ship owners or ship owners’
agents shall have send to the director of the port authority, where
their ships shall arrive at, the “Paper asking for permission for ship’s
port call”. The contents of such permit are prescribed in Section 5,
Clause 4, Article 1 of this Decree. Basing themselves on the contents
inscribed in the application for ship’s port call, the director of the
port authority shall consider and permit such vessels to operate at
ports. For foreign sea ships operating on determined routes at
Vietnamese seaports, the ship owners or their agents shall have to
report to the director of the port authority thereon at least 24 hours
before the ships arrive at the pilot-taking/returning places.
2.
For
foreign military ships entering for operation in Vietnam, the provisions
of the Government’s Decree No. 55/CP of October 1, 1996 on operation of
foreign military ships which visit the Socialist Republic of Vietnam
shall be complied with.
3.
The
Prime Minister shall decide to permit foreign nuclear-power ship to
operate in Vietnam, but within 48 hours before the ships arrive at
pilot-taking/returning places, the ship owners or their agents shall
have to report thereon to the director of the port authority where the
ships arrive at.
4.
The
Minister of Communications and Transport shall decide to permit foreign
ships to enter Vietnam for activities of scientific research, rescue,
salvage of sunk property, towage, training, sports, the construction of
marine projects at sea ports or in Vietnamese maritime zones, but within
48 hours before arriving at the pilot-taking/returning places, the ship
owners or their agents shall have to notify such to the director of the
port authorities where the ships arrive in.
5.
“Paper asking for permission for ship’s port call” shall contain the
following details:
-The ship’s
name, type, nationality, call signal and registration place;
-The names and
addresses of ship owners, ship operators (if any);
-The length,
width, height and water line of the ship;
-Total holding
capacity, full tonnage, volume and type of cargo onboard the ship;
-The number of
crew members, passengers and other persons onboard the ship;
-The purpose,
the estimated time of arrival at the port and the estimated time of
operation in Vietnam;
-The name and
address of the ship owner’s representative or agent.
6.
In
order to promptly clear all procedures for ships to enter ports and
proceed with the operation plans of ships and ports, the ship owners may
send through their representatives or agents or directly to the port
authority where their ships arrive at all papers related to ships,
cargo, crews and passengers; or even through electronic communication
means.
5.
Article 12 is amended, supplemented as follows:
Foreign
vessels are exempt from procedures to apply for permission for port call
in the following cases and under the following conditions:
1.
For
vessels bearing nationality flags of foreign countries which have signed
with Vietnam maritime agreements, within no more than 48 hours before
their estimated arrival at pilot-taking/returning places, they must
notify such to the directors of the port authorities where they shall
arrive at.
2.
The
ship captains must take their ships to the port’s water zones or other
water areas for temporary anchorage for the following urgent reasons:
a)
Asking for emergency to crew members or passengers onboard their ships;
b)
Sheltering form storms;
c)
Handling over people, assets, vessels saved on the sea;
d)
Overcoming consequences of maritime incidents, accidents.
In the
above-mentioned cases, the captains must quickly seek ways and means to
contact the port authorities or competent Vietnamese authorities in the
nearest places, and at the same time are obliged to prove that their
actions are necessary and justified. All acts of abusing the
above-mentioned provisions shall be handled according to law.
6.
Article 20 is amended, supplemented as follows:
In order to
proceed with procedures for ships to enter ports, the ship captains
shall have to ready the following papers:
1.
Papers to be produced:
a) Ship
registration certificate or certificate of the ship’s nationality;
b)
Certificate of maritime safety and environmental pollution prevention by
ships, granted by competent bodies;
c) Permit for use of ship’s radio (if it is Vietnamese sea-going ship);
d) International vaccination certificates of crew members and passengers;
e) Certificate or raticide exemption;
f) Brief
declaration of transit goods, temporary-import for re-export goods;
quarantine-free certificate related such kind of goods;
g)
Crew
members’ passports or book (or other equivalent papers) and passengers’
passports;
h)
Crew
members’ directory books (if it is Vietnamese ship);
i)
Certificates of professional qualifications of ship captain, officers
and other crew members;
j)
Certificate of ship owners’ civil liability insurance, if it is ship
used exclusively for the transport of petroleum and the products thereof
as well as other hazardous commodities;
k)
The
permit granted by the competent State body of Vietnam for foreign
vessels to operate in Vietnam according to the provisions in Item 2, 3
and 4, Clause 3, Article 1 of this Decree.
l) Foreign exchange declaration or luggage books of crew members, if it is
foreign ship or Vietnamese ship returning from abroad.
2. Papers which must be submitted:
a) The permit to
leave the last port 01 copy
b) Quarantine-free
certificates 01 copy each
c) Goods
disinfection exemption certificate 01 copy
d) Ship arrival
declaration 02 copies
(according to set form)
e) Crew members’
and passengers’ health declaration 02 copies (according to set
form)
f) Brief
declaration of personal effects 01 copy
(according to set form)
g) Cargo diagram
and goods brief declaration 05 copies (according to
set form)
h) Hazardous goods
brief declaration 05 copies (according to
set form)
i) Declaration on
the ship’s reserve stores 05 copies (according to set form)
j) Animal
quarantine declaration 01 copy
(according to set form)
k) Crew members’
list 05 copies
(according to set form)
l) List of
passengers or other people onboard the ship 05 copies (according
to set form)
m) Crew members’
jewels declaration 01 copy
n) Declaration on
tools banned from use at ports 01 copy
o) Crew members’
and passengers’ application for 01 copy (according to set
form).
going ashore (if it is foreign ship)
7.
Article 21 is amended, supplemented as follows:
When carrying
out procedures for port leave, the ship captains shall have to ready the
following papers:
1.
Papers which must be produced:
a) Payment papers or other papers as currently prescribed in order to prove
that the ship has paid all relevant debts;
b)
Certificates of maritime safety and environmental pollution prevention
by ships, granted by competent bodies (in case of any change as compared
with the time when the ship entered the port);
c) Crew
members’ passport or books, or equivalent papers and passengers’
passports;
d)
Certificates of professional qualifications of ship captain, officers
and other crew members (in case of any change as compared with the time
when the ship entered the port)
e)
Crew
members’ directory book (if it is Vietnamese ship)
2.
Papers which must be submitted:
a) Assorted
permits granted by the Port Authorities or agencies, organizations
performing the State management at ports to ships, crew members and
passengers onboard the ships during the ships’ stay in ports (for
recovery).
b) Ship
departure declaration 2
copies (according to set form)
c) Brief
declaration of goods onboard the ships 3 copies
(according to set form)
d) Brief
declaration of personal effects 1 copy
(according to set form)
e) Declaration on
crew members’ and passengers’ health 1 copy (according to set
form)
f) List of crew
members 5 copies
(according to set form).
Within 4 hours
at most before the ships leave ports, the captains shall have to submit
to the Port Authorities the “ship departure declaration”.
8.
Article 26 is amended, supplemented as follows:
1.
Foreign vessels of all kinds, regardless of whether they are small or
large, and Vietnamese sea-going ships with the gross tonnage of 2,000 GT
or more must be led by Vietnamese pilots when they enter or leave ports,
move within the port water zones or other compulsory pilotage zones of
Vietnam and have to pay the pilotage charges as provided for by law.
Particularly for Vietnamese sea-going ships of under 2,000 GT, their
captains may ask for pilots to lead their ships.
2.
Those
Vietnamese captains who have obtained Vietnamese maritime pilotage
certificates suitable to the types of ship and the pilotage zones where
the ships are operating may themselves pilot their ships but have to
ensure safety.
9.
Article 27 is amended, supplemented as follows:
1.
Except for urgent cases which require pilots to lead the ships in order
to avoid accidents, the request for pilots must be notified to the
Pilotage Company and the Port Authority at least 6 hours before the
estimated time of picking up the pilot onto the ships.
2.
If
after the request for pilot is made, there is any wish to change the
pilot-pickup hour or to cancel the pilot request, such must be notified
to the Pilotage Company and the Port Authority at least 3 hours before
the estimated time of picking up the pilot onto the ship.
3.
The
pilots shall have to await at the agreed places for 4 hours at most as
from the estimated hour of picking up the pilots onto the ships; if past
this time limit, the pilots have not been picked up, the pilot request
is regarded as having been cancelled and the ship owners shall have to
pay for the pilots’ waiting according to current regulations.
4.
Within one hour after receiving the request for pilot, the Pilotage
Company shall have to confirm and notify the Port Authority and the
captain of the ship asking for pilot or the ship owner’s agent of the
locations and estimated time for the pilot to embark the ship. If the
pilot embarks the ships later than the schedule and at wrong places,
thus forcing the ship to wait or to move to another place, such Pilotage
Company shall have to pay for the ship’s waiting according to current
regulations.
10.
Article 30 is amended, supplemented as follows:
When carrying
out activities in seaport water zones and other maritime zones, the
captains shall have to strictly abide by the following regulations:
1.
To
abide by all ship-mobilizing orders of the Port Authority directors and
always maintain contact with the Port Authority on the notified
channels.
2.
To
take initiative in avoiding collusion with other vessels or works,
equipment.
3.
In
relevant areas, to fully comply with the regulations on speed on ship
lanes, alarming signals, warning regimes and other regulations. To take
initiative at a reasonable safe speed when traveling through areas with
underwater activities, channel dredging activities, signals buoy
floating, rescue and salvage, fishery activities, or when passing by
other vessels which are anchoring and mooring.
4.
Beyond the prescribed hours, not to travel under high-voltage power
transmission lines, in narrow channels or areas with other restrictions.
5.
Anchoring machines and other similar equipment must be always in the
ready position so as to be able to quickly execute orders of the
captains.
6.
Not
to drag or pull anchors under water when operating in channels, canals,
except for urgent cases where it is forced to do so to restrict the
ships’ momentum or to avoid possible accidents.
7.
Vietnamese and foreign ships of 70 m or more in length, when entering or
leaving docks and ship-mooring buoys or when making turns or moving to
other locations for moorage and anchorage, must be led by towage ships.
Depending on the practical conditions on maritime safety in the areas,
Vietnam Maritime Bureau shall specify the quantity and capacity or
towage ships to support the above-named ships when they operate in
ports. The captains of ships of under 70 m in length, when their ship
operate in ports, may request the support by towage ships, if deeming so
necessary.
11.
Articles 57,58, 59 and 60 are cancelled under the provisions in Decree
No. 92/1999/ND-CP of September 4, 1999 of the Government on sanctioning
administrative violations in the maritime field.
12.
Article 61 is amended, supplemented as follows:
The Minister
of Communications and Transport shall have to organize and guide the
implementation of this Regulation.
Article 2:
This
Decree takes effect 15 days after its signing.
Article 3:
The
Ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to
implement this Decree.
On behalf of the Government
Prime minister
PHAN VAN KHAI |
