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THE MINISTRY OF
COMMUNICATIONS AND TRANSPORT
DECISION No.
2756/2002/QD-BGTVT OF AUGUST 29, 2002
ISSUING THE REGULATION ON MARINE-ACCIDENT REPORTING AND INVESTIGATION
THE MINISTER OF
COMMUNICATIONS AND TRANSPORT
Pursuant to Vietnam’s Maritime Code of July 12, 1990;
Pursuant to the Government’s Decree No. 22/CP of March 22, 1994 defining
the tasks, powers, State management responsibilities and organizational
structure of the Ministry of Communications and Transport;
At the proposal of the director of the Transport Legislation Department
and the director of Vietnam National Maritime Bureau,
DECIDES:
Article
1: To
issue together with the Decision the Regulation on marine-accident
reporting and investigation.
Article
2:
The
director of Vietnam National Maritime Bureau shall have to popularize,
and organize the implementation of, the provisions of this Regulation.
Article
3:
This
Decision takes effect as from October 1, 2002, replaces Decision No.
39/QD-PC of January 3, 1974 of the Minister of Communications and
Transport issuing the Regulation on investigation of and reporting on
accidents of sea-going vessels, and annul the provisions related to the
regime of reporting and statistics on sea traffic accidents in Decision
No. 1071/QD-PC of June 26, 1981 of the Minister of Communications and
Transport, issuing the regime of reporting and statistics on traffic
accidents.
Article
4:
The
director of the Ministry’s Office, the director of the Transport
Legislation Department, the director of Vietnam National Maritime
Bureau, the director of Vietnam National Maritime Bureau, the heads of
the advisory departments and divisions of the Ministry, ship owners,
concerned agencies, organizations and individuals shall have to
implement this Decision.
For the Minister of Communications and
Transport
Vice Minister
PHAM THE MINH
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REGULATION ON
MARINE-ACCIDENT REPORTING AND INVESTIGATION
(Issued together
with Decision No. 2756/2002/QD-BGTVT of August 29, 2002 of the Minister
of Communications and Transport)
chapter I
GENERAL PROVISIONS
Article
1:
Regulation purposes
This
Regulation specifies the reporting on and investigation of marine
accidents, aiming to enhance the effectiveness of the State management
over maritime safety.
Article
2:
Scope
of application
1.
The
provisions of this Regulation shall apply to the following accidents:
a)
All
accidents related to Vietnamese sea-going ships;
b)
Accidents related to foreign sea-going ships operating within Vietnam’s
waters;
c)
Accidents of other waterway means operating within the seaport’s waters
and navigable zones.
2.
The
provisions of this Regulation shall not apply to accidents occurring to
the armed forces’ sea-going vessels exclusively used for military and
security or order protection purposes provided that such accidents cause
no harm to maritime safety and the environment.
Article
3:
Responsibility to coordinate the investigation of marine accidents
Ship
owners, masters, officers and crew members, the concerned agencies and
units shall have to coordinate with one another in, and create favorable
conditions for, the investigation of marine accidents.
Article
4:
Interpretation of terms:
1.
Marine incidents means abnormal events occurring in the course of
operation of sea-going ships and likely to cause danger to man, ships,
architectural works or the environment.
2.
Marine accident means one or more than one marine incident which cause
one of the following consequences:
a)
People are dead, missed or suffer from health damage;
b)
Ships
are sunk, missed or suffer from material damage due to collision, clash,
stranding, fire, explosion, broken structure, machinery and essential
technical equipment;
c)
The
environment is polluted, underwater and floating works and equipment are
damaged, or the passage of sea-going ships is congested.
3.
Particularly serious marine accidents means accidents causing one of the
following damages:
a)
Causing the death or missing of three or more persons;
b)
Inflicting injury or health damage to more than 10 persons, with the
infirmity rate of between 31% and 60% for each of them;
c)
Inflicting injury or health damage to at least 6 persons, with the
infirmity rate of 61% or more for each of them;
d)
Causing property and/or material damage with the expenses for the
repair, towage, lifting and/or removal of sunk means; or the expenses
for the repair of damaged underwater or floating works; or the expenses
for settling congested passage of sea-going ships valuing at over VND 1
billion;
e)
Congesting the principal passage into a seaport for over 72 hours;
f)
Causing simultaneously damage to human life and health as well as
property falling in form 2 to 4 cases specified in Clause 4 of this
Article;
4.
Serious marine accidents means accidents causing one of the following
damages:
a)
Causing the death or missing of between one and three persons;
b)
Inflicting injury or health damage to between 5 and 10 persons, with the
infirmity rate of between 31% and 60% for each;
c)
Inflicting injury or health damage to between 3 and 5 persons, with the
infirmity rate of 61% or more for each;
d)
Causing property and/or material damage with the expenses for the
repair, towage, lifting and/or removal of sunk means, or the expenses
for the repair of damaged underwater or floating works; or the expenses
for settling congested passage of sea-going ships, valuing at between
VND five hundred million and VND 1 billion;
e)
Congesting the principal passage into a seaport for between 24 hours and
72 hours;
5.
Less
serious marine accidents means those cases not prescribed in Clause 3
and 4 of this Article.
6.
Investigation of marine accidents means the determination of conditions,
circumstances, causes or causal possibilities of marine accidents with a
view to taking effective measures to prevent and limit similar
accidents.
7. Marine-accident investigators means
maritime port authority officials possessing necessary professional
qualifications and capability as well as legal knowledge, who are
appointed by the directors of maritime port authorities; in special
cases, investigators shall be decided by competent State bodies.
8.
Initial information on accidents means information about ships or
victims, activities of ships before and during their voyages hit by
accidents, conditions and circumstances right before the occurrence of
accidents…
Chapter II
REPORTING AND
STATISTICS ON MARINE ACCIDENTS
Article
5:
Reporting on marine accidents
Reports
on marine accidents include urgent reports, detailed reports and
periodical reports made according to the forms attached to this
Regulation. The contents of reports on marine accidents must be
truthful, accurate and submitted on time; in special cases, the time
limit for sending reports shall be considered and decided by maritime
port authorities or Vietnam National Maritime Bureau.
Article
6:
Urgent reports
1.
Where
accidents occur within Vietnam’s sea waters:
a)
Masters of sea-going ships or the persons with the highest
responsibility on board the waterway means must make and send urgent
reports to the nearest maritime port authority.
If, for some
reason, the above-mentioned persons cannot make urgent reports, the ship
owners, the means owners or the agents of the ships in distress shall
have to make such reports.
b)
The
maritime port authorities that receive urgent reports or are informed of
the occurrence of accidents shall have to promptly forward urgent
reports or information on the accidents to the following agencies and
units:
- Vietnam
National Bureau;
-
Vietnam Maritime Safety Assurance, if accidents cause damage to or
disfunction maritime aid equipment;
-
Agencies and organizations that manage and operate works, equipment… if
accidents cause damage to or loss of these works and equipment;
- The
Science, Technology and Environment Services and the Aquatic Resource
Services of the provinces or centrally-run cities, if accidents cause or
are likely to cause environmental incidents, or cause damage to aquatic
resources.
2.
Where
accidents occur to Vietnamese sea-going ships operating outside
Vietnam’s waters, the shipmasters must make reports at the requests of
the coastal states and send urgent reports to Vietnam National Maritime
Bureau within 24 hours after the occurrence of accidents.
If
accidents are particularly serious, the shipmasters or ship owners must
report them to the Vietnamese embassies (consulates) or other diplomatic
missions based in the foreign countries in question for support.
3.
Urgent reports may be sent by telegraph, fax, telex or e-mail.
Where
accidents occur within the seaports’ waters or navigable zones in Vietnam, the
shipmasters may urgently report them via VHF or the ship’s telephone to
the watch-keeping maritime port authority officials but must still
report such in writing afterwards.
4.
For
particularly serious marine accidents, after receiving urgent reports
thereon, Vietnam National Maritime Bureau must immediately report them
to the Ministry of Communications and Transport.
5.
Urgent reports shall be made according to Form No. 1, issued together
with this Regulation.
Article
7:
Detailed reports
1.
After
making urgent reports, the masters of sea-going ships must make detailed
reports according to Form No. 2, issued together with this Regulation.
2.
Depending on the location of accidents, the shipmaster must make reports
as follows:
a)
If
accidents occur within the seaport’s waters or navigable zones of
Vietnam, detailed reports must be sent to the maritime port authorities
responsible for the specialized State management over the maritime
service at the relevant seaports or navigable zones within 24 hours
after the occurrence of accidents.
b)
If
accidents occur outside the seaports’ waters or navigable zones of
Vietnam but within the country’s waters and, after the occurrence of
accidents, the ships are anchored or moored in the Vietnamese seaports’
waters, detailed reports must be addressed to the maritime port
authorities responsible for the specialized State management over the
maritime service at the seaports or navigable zones in question within
24 hours from the moment the ships arrive at the anchoring or mooring
positions.
c)
Where, after the occurrence of accidents, the ships are not anchored or
do not moor in the waters of one of Vietnamese seaports, detailed
reports must be addressed to Vietnam National Maritime Bureau within 48
hours from the moment the ships arrive at the first port of call after
the occurrence of accidents.
d)
If
accidents occur to Vietnam’s sea-going ships operating outside Vietnam’s
waters, detailed reports must be addressed to Vietnam National Maritime
Bureau within 48 hours from the moment the ships arrive at the first
port of call after the occurrence of accidents.
Article
8:
Periodical reports
Periodical reports must be made on all marine accidents occurring within Vietnam’s
waters and all accidents related to Vietnamese sea-going ships according
to he following provisions:
1.
Vietnamese ship owners must keep books to monitor and update regularly
marine accidents occurring to their fleets according to Form No. 3
issued together with this Regulation.
Quarterly, Vietnamese ship owners must report in writing to Vietnam
National Maritime Bureau on accidents occurring to their fleets. The
deadline for sending a quarterly report is the 10th day of
the first month of the subsequent quarter.
2.
Maritime port authorities must keep books to monitor and update
regularly marine accidents occurring in the areas under their respective
responsibility as well as marine accidents investigated by themselves
according to Form No. 3 issued together with this Regulation.
Quarterly, maritime port authorities must report in writing to Vietnam
National Maritime Bureau on the above-said accidents. The deadline for
maritime port authorities to send quarterly reports is as specified in
Clause 1 of this Article.
3.
Quarterly and annually, Vietnam National Maritime Bureau must report in
writing to the Ministry of communications and Transport on marine
accidents occurring within Vietnam’s waters and accidents of Vietnamese
sea-going ships according to From No,. 4 issued together with this
Regulation.
The
deadline for sending of a quarterly report is the 15th day of
the first month of the subsequent quarter and for sending an annual
report is January 20 of the subsequent year.
4.
The
Vietnamese ship owners and maritime port authorities must promptly
analyze and evaluate the causes of marine accidents so as to take
measures to prevent and limit similar accidents to their fleets or in
the areas under their respective responsibility.
Chapter III
INVESTIGATION OF
MARINE ACCIDENTS
Article
9:
Requirements for investigation of marine accidents
Marine
accidents specified in Clause 1, Article 2 of this Regulation must be
investigated according to regulations and in a timely, comprehensive and
objective manner.
Article
10:
Responsibility to investigate marine accidents
1.
The
directors of maritime port authorities shall have to organize the
investigation of marine accidents occurring in the areas under their
respective responsibility as well as of other marine accidents assigned
by Vietnam National maritime Bureau or competent authorities.
2.
Depending on the complexity of marine accidents, the directors of
maritime port authorities shall decide on the number of officials to
participate in investigating marine accidents, which must be at least
two professionally qualified officials.
3.
When
necessary, the Minister of Communications and Transport or the director
of Vietnam National Maritime Bureau shall decide to set up marine
accident investigation teams.
Article
11:
Time
limit for investigation of marine accidents
1.
For
marine accidents stated in Clause 2.a, Article 7, the investigation time
limit shall be 30 days as from the date of occurrence of the accidents.
2.
For
marine accidents stated in Clauses 2.b and 2.c, Article 7, the
investigation time limit shall be 30 days as from the date the ships
arrive at the first port of call in Vietnam
after the occurrence of the accidents.
3.
For
marine accidents stated in clause 2.d, Article 7, the investigation time
limit and scope shall be decided by the director of Vietnam National
Maritime Bureau.
4.
In
complicated cases where the investigation of marine accidents cannot be
completed within the above-mentioned time limit, the directors of
maritime port authorities must promptly report such in writing to the
director of Vietnam National Maritime Bureau for consideration and
decision.
Article
12:
Tasks and powers of marine accident investigators
1.
Making plans on investigation of marine accidents;
2.
Having the right to request:
a)
The
parties involved in the accidents to take measures to keep the accident
scene intact;
b)
People involved in the accidents to report in writing what they know
about the conditions, circumstances and happening of the accidents and
the subjects related thereto. When it is necessary to question these
people, investigators must inform them in advance of the time and place
therefore.
c)
The
shipmasters to supply the copies of the maritime log book. Engine log
book, bell log book, radio log book, course-recording diagram,
sea-charts of the area where the ships got accidents and other necessary
data on the ships and equipment on board.
d)
The
concerned agencies and organizations such as the agency in charge of
technical management and supervision of the ships, ship-owners, ship
agents, coastal communication stations, the Center for coordination in
maritime search and rescue, the Center for control of the system of
monitoring the navigation of sea-going ships (VTS), Maritime Safety
Assurance, Maritime Pilotage organization and other related agencies and
organizations to supply information necessary for the marine-accident
investigation;
3.
Visiting the accident scene and embarking on the ships to check the
scene, examining the working positions and collecting items necessary
for the investigation work. These tasks must be performed to the witness
of and with certification by competent persons on board, and without
affecting the safe operation of the ships;
4.
Checking or copying dossiers and papers of administrative registration,
registry, insurance and technical issues of the ships as well as related
equipment; diplomas and professional certificates of crew members to
serve the evaluation of the technical conditions of related equipment as
well as the seaworthiness of the ships before the voyage and right
before the occurrence of accidents;
5.
Using
sound recorders, cameras and video recorders in the investigation
process, when necessary;
6.
Reporting in writing on the accident-investigating process to the
directors of maritime port authorities or the heads of the agencies
which have assigned them to investigate marine accidents.
Article
13:
Investigation of marine accidents
1.
Immediately after receiving urgent reports prescribed in Article 6 of
this Regulation or any information regardless of its source on the
accidents occurring within the areas under their respective
responsibility, the directors of maritime port authorities must verify
such information before proceeding with the marine-accident
investigation.
2.
The
marine-accident investigation shall be conducted in the following order:
a)
Appointing officials to take charge of the investigation and officials
to support the investigation work;
b)
Gathering initial information on the accidents;
c)
Adopting the investigation plans proposed by the officials in charge of
the investigation;
d)
Visiting the accident scenes, embarking on the ships to inspect on spot
damages caused and traces left by the accidents so as to determine and
collect necessary evidences (documents and objects);
e)
Questioning people involved in the accidents and the
witnesses
f)
Synthetizing the collected information; and, if deeming it necessary,
conducting additional inspection and questioning so as to further
clarify any doubts.
g)
Based
on the current law provisions on maritime safety, analyzing the
collected information, including the results of expertise of items and
traces related to the accidents.
3.
For
marine accidents which are investigated by other agencies according to
their functions, the directors of maritime port authorities must still
order the investigation thereof according to this Regulation.
4.
In
case of necessity, the directors of maritime port authorities may sign
contracts with experts knowledgeable of maritime operations or
expertising agencies, laboratories… to give advice on a specialized
field, expertise and analyze items related to the accidents.
Article
14:
Accident investigation conclusions
1.
The
contents of the written accident investigation conclusions include:
a)
Conclusions on the conditions and circumstances of occurrence of
accidents; violations, factors or possibilities consulting the
accidents’ causes. These conclusions must be legally grounded with valid
evidences;
b)
Measures or proposed measures on the prevention and limitation of
similar accidents;
c)
Administrative handling measures under the competence of the directors
of maritime port authorities or proposed handling measures to competent
authorities for consideration and decision against acts of violations
beyond their handling competence.
2.
One
copy of the written accident investigation conclusions must be sent to
each of the involved parties, one copy to Vietnam National Maritime
Bureau not later than the expiry date of the accident investigation time
limit. For particularly serious accidents, the written accident
investigation conclusions must be also sent to the Ministry of
Communications and Transport.
Copies of the written accident investigation conclusions may be issued
to individuals or other legal entities directly involved in the
accidents if they so request in writing the maritime port authorities.
Article
15:
Complaints and settlement thereof
1.
If
the ship owners or the managers of works and equipment which are damaged
by marine accidents disagree with the conclusions on acts of violation
and accident causes stated in the written accident investigation
conclusions (hereinafter collectively called the complainants), within
30 days after receiving such written conclusions (according to the
arrival postmark), they must send written complaints to the directors of
maritime port authorities.
Within
10 days after receiving the written complaints, the directors of
maritime port authorities must process them and notify in writing the
complainants thereof. In case of refusal to process, they must clearly
state the reasons therefore. The time limit for the directors of
maritime port authority to settle complaints shall be 30 days as from
the date of receipt of written complaints; for complicated cases, this
time limit may be prolonged but must not exceed 45 days as from the date
of receipt of written complaints.
The
director of Vietnam National Maritime Bureau shall have to direct,
inspect and urge the complaints settlement by the port authority
directors.
2.
If
the complainants disagree with the complaint-settling decisions of the
directors of maritime port authorities, within 30 days after the date of
receipt thereof, they shall be entitled to lodge complaints with the
director of Vietnam National Maritime Bureau. In this case, the
complaints must send together with their written complaints the copies
of the complaint-settling decisions of the directors of maritime port
authorities and materials related to their complaints.
Within 10 days after receiving the written complaints, the director of
Vietnam National maritime Bureau must process them and notify in writing
the complainants as well as the directors of maritime port authorities
who have settled the complaints thereof; In case of refusal to process,
he/she must clearly state the reason therefore. The time limit for the
director of Vietnam National Maritime Bureau to settle complaints is 45
days as form the date of receipt of written complaints; for complicated
cases, this time limit may be prolonged but must not exceed 60 days as
from the date of receipt of written complaints.
3.
If the complainants disagree with
the complaint-settling decisions of the director of Vietnam National
Maritime Bureau, within 30 days as from the date of receipt thereof the
complainants shall be entitled to lodge complaints with the Minister of
Communications and Transport. In this case, the complainants must send
together with their written complaints the copies of the
complaint-settling decisions of the director of Vietnam National
Maritime Bureau.
The procedures and time limit for the Minister of Communications and
Transport to process and settle complaints shall comply with the
provisions in Clause 2 of this Article.
For the Minister of Communications and Transport
Vice Minsiter
PHAM THE VINH |
