|
DECREE No.40-CP OF JULY 5,1996 OF THE GOVERNMENT ON ENSURING
NAVIGATION ORDERS AND SAFETY ON INLAND WATERWAYS
---------------------------------------
THE
GOVERNMENT
- Pursuant to the Law
on Organization of the Government of September 30,1992;
- Pursuant to the
Ordinance of December 2,1994 on the Protection of Communication
Projects;
- Pursuant to the
Ordinance of January 28,1989 on the People’s Police and the Ordinance of
July 6, 1995 amending Article 6 of the Ordinance on the Vietnam Police
Force;
- Pursuant to the
Ordinance of July 6, 1995 on the Handling of Administrative Violations;
- At the proposals of
the Minister of Communications and Transport, the Minister of the
Interior and the Ministry of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1
1.
This Decree provides for navigation order and safety on inland waterways
aimed at ensuring safety for human lives and means and properties of the
State and of the people.
2.
The persons and means taking part in navigation and using navigation
projects on inland waterways shall have to strictly observe the
regulation of this Decree.
3.
The persons and means operating in the first sea port water area of a
river and the sea lanes which have received public permission of entry
and exit by the competent authority do not come under the regulation of
this Decree.
4.
If the inland waterway coincides with the national border between
Vietnam and another country, the concerned persons and means shall have
to observe, apart from the regulations of this Decree, the clauses of
the border agreement which Vietnam has signed with that country.
Article 2
All State agencies,
economic organizations, social organizations, armed units and all
individuals shall have to strictly observe the provisions of the
legislation on navigation order and safety on inland waterways.
All foreign
organizations and individuals operating and/or residing on Vietnamese
territory shall have to strictly observe all provisions of the
legislation on navigation order and safety on inland waterways.
Article 3
The State agencies
shall coordinate with the Vietnam Fatherland Front and its member
organizations to popularize the regulations on navigation order and
safety on inland waterways and educate and motivate the population to
implement them.
Article 4
1.
All acts which violate navigation order and safety on inland waterways
must be handled in strict conformity with law.
2.
The persons on duty of ensuring navigation order and safety on inland
waterways who fail in their duty, who hassle other people or cause other
obstacles shall, depending on the extent of the offense, be subject to
discipline or examined for penal liability.
Article 5
The terminologies used
in this Decree shall be constructed as follows:
1.
The inland waterways include the navigable waterways on rivers, canals,
river-mouths, lakes, gulf shore, seashore, ways leading to offshore
islands, ways linking islands within the internal waters of the
Socialist Republic of Vietnam.
2.
The inland water navigation projects comprise the following:
The access ways for ships and boats, water-locks, jetties, dams (except
irritation jetties and dams), ports, landing stages, storage yards,
signal buoys and auxiliary and support equipment commonly called
navigation projects in this Decree.
3.
Obstacle is an object either created by nature or erected by man which
affects inland water navigation and transport.
4.
Special-use port (or landing stage) is one for loading and unloading
commodities and materials in service of production chains which has no
function of goods handling business.
5.
The sea water area and the inland water port include: the water front of
a port a landing stage, the docking area, the transshipment area and the
access way from the waterfront to the shipping lane which are commonly
referred to as port water area in this Decree.
6.
Broad access is an access way with a width larger than or equal to five
times the length of the means of transport at the place where this means
is operating.
7.
Narrow access is an access with a lane smaller than five times the
length of the means at the place where the means is operating.
8.
Inland navigation means (means for short) include:
a)
Motorized or non-motorized ships and boats;
b)
Rafts;
c)
Floating structures used for navigation and transport or for service
business on the inland waterways.
9.
Docking is the state in which the means lies immobile thanks to an
anchor or other mooring devices.
10.
Dinghy is a small boat used to transport passengers and goods propelled
by oar, sail tug rope or a small capacity motor of less than 15 HP and
with a loading capacity of no more than five tons or 13 passengers
designed and made either according to prescribed technical norms or
popular experiences.
a)
Ferry boat is a boat used to transport passengers and goods across a
river or canal.
b)
Passenger boat is a boat to transport passengers and goods along a
river, canal or lake within a distance of not more than 10 km.
c)
Lightering boat is a means to take passengers from and deliver
passengers to a traveling passenger ship.
11.
Household water transport means is a means to service only one
individual or his/her family without taking part in business transport
and with a loading capacity of no more than five tons or a motor
capacity of no more than 15 HP.
12.
Motorized means is a means propelled by motor.
13.
Rudimentary means is a means propelled by human force, animals, wind or
water.
14.
Tug convoy is a convoy of ships formed by assembled tugging means (tug
boats) and the tugged means.
15.
Push convoy is an assembly of push means (tow boat) and the pushed
means.
16.
Lightering tug fleet is an assembly of tug boats and the means tugged to
along one side or both sides of a boat.
17.
Mixed tug fleet is an assembly of means of tug and tugged ships so
arranged to combine the following tasks:
a)
Tugging and pushing;
b)
Tugging and lightering;
c)
Pushing and lightering;
d)
Pushing, tugging and lightering.
18.
Traveling means is a means which is moving or standing immobile without
the need of anchor.
19.
Crossing is the act of two ships crossing the lane of each other during
which one ship sees only one side of the other at daytime or sees only a
side light (green or red) of the other at night.
20.
Loss of control is the situation in which a traveling means, for some
special reasons, has lost its capacity of operating according to the
will of the driver.
21.
Signals are the information conveyed by sound signals, light signals or
banners and other signs used in communication aimed at ensuring safety
for the means of transport on the inland waterways.
22.
The crew are the persons working on an inland water transport means
designated according to their prescribed functions (except those working
on household means of transport).
23.
Captain or driver is the highest person in command on the means of
transport, called captain in this Decree.
24.
Passengers are all the persons other than the crew, members of their
families who live on the means of transport and those assigned with
specific tasks on the means of transport.
Article 6
1.
When a navigation accident occurs, the captain must immediately seek all
possible measures to save the lives and properties and preserve the
traces and other evidence, at the same time must inform the local
People’s Committee or police or the nearest managing unit of inland
water transport.
2.
All the persons present at the place of the accident have the
responsibility to join the rescue. Those who shirk their rescue
obligation shall be dealt with according to law.
3.
The means and properties of the victims must be carefully protected. The
use of force and all other acts which endanger the life, means and
properties of the victims and the author of the accident are strictly
prohibited. All acts of preventing the persons on duty to perform their
tasks shall be dealt with according to law.
4.
The persons directly related to the accident must be present at the
place of the accident when the authorities make a written record.
5.
The People’s Committee of the locality where the accident takes place
must organize the rescue, preserve the evidences and direct the
specialized agencies to overcome the consequences of the accident.
Article 7
1.
The traffic police can set up checkpoints only at the places designated
by the Minister of the Interior and can inspect the means of transport
only when signs of law-breaking are detected.
2.
All acts of arbitrarily ordering a ship or boat to stop for inspection
are strictly forbidden.
Chapter II
RESPONSIBILITIES OF THE MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AGENCIES
ATTACHED TO THE GOVERNMENT, PEOPLE’S COMMITTEES OF THE PROVINCES AND
CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT TO ENSURE NAVIGATION ORDER
AND SAFETY ON INLAND WATERWAYS.
Article 8- Responsibilities of the Ministry of Communications and
Transport:
1.
To issue service norms including: technical norms for navigation
projects on inland waterways; the technique of different kinds of water
transport means; operation permits for designing, building and repairing
inland water transport means, announce the opening (and closing) of the
shipping lanes, ports and landing stages; material and technical bases,
criteria of teachers of the schools and courses to train crew members
and other technical criteria on ensuring navigation order and safety on
inland waterways.
2.
To issue the rules for signaling on
Vietnam’s
inland waterways.
3.
To lay down the rules for the activities of the port authorities on
inland waterways in the necessary areas.
4.
To conduct technical control of the means of inland water transport
(except the means used for security and defense purposes).
5.
To register, issue number plates, manage different kinds of inland water
transport means (except the means in service of security and defense and
for fishing).
6.
To issue permits for goods and passenger transportation to inland water
transport means which take part in the transport business.
7.
To issue permits for the use of water areas related to inland water
transport.
8.
To organize the training, examinations and granting of graduation
diplomas and licenses for captains and skippers and professional
certificates to the crew members.
9.
To inspect the protection of the navigation projects, and handle the
administrative violations under its jurisdiction.
10.
To coordinate with the Ministry of the Interior in monitoring and
analyzing the causes of the navigation accidents on inland waterways in
order to take measures to prevent their recurrence.
Article 9- Responsibilities of the Ministry of the Interior:
1.
To effect technical control, registration and management of the inland
water transport means of the People’s Security Force (except the means
used for economic tasks which shall be registered, subject to technical
control and issued operation permits by the Ministry of Communications
and Transport.
2.
To organize the control and handle the violations of navigation order
and safety on inland waterways.
3.
To take the main responsibility and coordinate with the Ministry of
Communications and Transport in ensuring navigation order and safety on
inland waterways.
4.
To organize the investigation and handling of the navigation accidents.
To take the main responsibility and coordinate with the Ministry of
Communications and Transport in inventorizing, monitoring, analyzing and
drawing conclusions on the causes of the navigation project and the
transport inspectoral authorities to ensure navigation order and safety
and the protection of the inland waterways.
Article 10- Responsibilities of the Ministry of Aquaculture:
1.
To register, issue number plates and manage the fishing means.
2.
To assign the water areas for the raising and fishing of aquatic
products related to the shipping lanes and protection corridor after
consulting the Ministry of Communications and Transport.
3.
To direct the units in the fisheries service not to cause encumbrances
to the navigation on the shipping lanes.
4.
To introduce the contents of legislation on inland water transport into
the schools to train crew members of fishing boats according to the
prescribed curriculum.
Article 11- Responsibilities of the Ministry of Defense:
1.
To effect technical control, registration and management of the inland
water transport means within the jurisdiction of the Ministry of Defense
(except the means used in economic activities which shall be registered,
subject to technical control and granted operating permits by the
Ministry of Communications and Transport).
2.
To direct the army units using water transport means and operating on
inland waterways to observe the legislation on communications and
transport, and to submit to the inspection and control by the force
ensuring navigation order and safety (except in combat activities,
military exercises and other emergency tasks on orders from the
competent authorities).
3.
To introduce the contents of the legislation on inland water transport
into the schools to train crew members of the Ministry of Defense
according to the prescribed curriculum.
Article 12- Responsibilities of the Ministry of Trade:
When drawing
up the annual plans for the import of inland water transport means, it
shall have to get the written consent of the Ministry of Communications
and Transport concerning the quantities and categories of the means
which are allowed for import on the basis of the technical norms and the
current conditions of the navigation lanes, ports and landing stages.
Article 13- Responsibilities of the other ministries and branches
related to navigation order and safety on inland waterways:
When working
out their plans and before implementing them they must get the written
consent of the Ministry of Communications and Transport in the following
works:
1.
To build cross-river projects and other projects within the scope of the
protection of inland waterways.
2.
To operate the projects related to the regulation of water which have an
impact on inland water navigation (except the projects related to the
fight against floods);
3.
To exploit mineral resources within the scope of the protection of
inland waterways.
Article 14- Responsibilities of the People’s Committees of the provinces
and cities directly under the Central Government:
The
information and press service, the radio and television at the central
and local levels shall have to conduct regular popularization and
education of the legislation on navigation order and safety on inland
waterways free of charge.
Article 15- Responsibilities of the People’s Committees of the provinces
and cities directly under the Central Government:
1.
To organize and direct the branches within the jurisdiction of their
locality and the People’s Committees of districts, communes and wards to
take all necessary measures:
a)
To establish order and safety of navigation on inland waterways in the
locality;
b)
To register, issue operating permits to the inland water transport means
according to the prescriptions of the Ministry of Communications and
Transport;
c)
To train crew members, issue licenses and professional certificates as
prescribed by the Ministry of Communications and Transport.
2.
To organize and arrange the ports, storage yards, places of mooring for
the means of transport, the raising and fishing of aquatic products and
market places on the inland waterways in the locality.
3.
To take measures against the discharge of mud, sand, soil, stone,
pebbles, straw, untreated industrial waste and daily life waste into the
inland waterways; to protect the signal buoys and the inland water
navigation projects in the locality.
4.
Basing themselves on the State law and the regulations of the Ministry
of Communications and Transport and the practical situation in the
locality, to step by step clear the constructions which encroach on the
navigation lanes and the protection corridor of the navigation lanes in
the locality.
5.
To organize the rescue of victims of shipwrecks, the ships and
properties in the shipwrecks, the ships and properties in the
shipwrecks, and settle the consequences of navigation accidents
occurring on inland waterways in the locality.
6.
To conduct popularization and education about the observance of the
legislation on inland water navigation for the concerned persons and
organizations in the locality.
7.
To organize the control of the implementation of the tasks of the force
assigned the task of ensuring navigation order and safety on inland and
handle the violations of the navigation order and safety on the inland
waterways under their competence.
CHAPTER III
MANAGEMENT OF NAVIGATION PROJECTS ON INLAND WATERWAYS
Article 16
The unit
managing the navigation projects on inland waterways has the
responsibility to ensure the technical safety and the technical norms of
the projects.
When a damage
to a navigation project on inland waterways endangering the navigation
safety is detected, it must take timely remedy measures and direct the
navigation in order to prevent accidents, and it shall have to take
responsibility for the accident if it fails to fulfill its
responsibility.
Article 17
1.
In case of a shipwreck, after rescuing the lives and properties, the
captain must install and maintain the signal device, re-float the ship
or boat within the time limit defined by the unit managing the inland
waterway.
2.
The unit managing the inland waterway has to cooperate with the traffic
police, report the accident to the local administration in order to take
measures to overcome quickly the consequences and ensure uninterrupted
and safe navigation.
Article 18
1.
If the re-floating and removal of the obstacle affects navigation, the
owner of the obstacle shall have to consult the competent unit managing
the inland waterway.
2.
The project owner can start the construction only after taking measures
to ensure navigation safety and must have a permit of the competent
agency managing the inland waterway.
3.
The unit managing the inland waterway has the responsibility to compile
the dossier to monitor the projects and obstacles affecting inland water
navigation.
4.
The unit managing the inland waterways shall handle the project or
obstacle in case the project owner or the obstacle owner cannot or do
not perform their duty as prescribed. The project owner and the obstacle
owner shall have to bear all expenses incurred thereby.
Article 19
1.
When elaborating the plan and before carrying out the following projects
on inland waterways, there must be a written agreement of the Ministry
of Communications and Transport:
a)
Durable and temporary bridges;
b)
Electric and communication lines, and aerial and under river pipes;
c)
Ferries;
d)
Dyke protection embankment, projects related to the prevention and fight
against floods and storms which affect the navigation lanes of ships and
boats.
Besides these
constructions, when building other projects on inland waterways, there
must be permission from the competent authorities in inland navigation.
2.
The project owner must clear all obstacles after completing an inland
waterway project.
Article 20
1. The means for
raising and fishing aquatic products related to the protection area of
the inland waterway must have permits of the competent agency managing
the inland waterways and must fully comply with the prescriptions in the
permit.
The mobile
means of fishing must not create obstacles to inland navigation and must
not damage the communications projects.
In case of a
change in the navigation lanes, the owners of the means for fishing and
raising aquatic products must remove, reduce or dismantle their
equipments or structures at the request of the competent agency managing
the inland waterway.
2. After finishing the
exploitation, the owner of the means of fishing and raising aquatic
products must clear all the obstacles.
Article 21
1.
The dumping of soil, sand, pebble, stone, straw and other wastes into
inland waterways is prohibited.
2.
It is forbidden to damage, change. Move, hide or neutralize the
signaling devices.
3.
When dredging a canal, the mud and soil must be dumped into the
prescribed place.
CHAPTER IV
THE
PERSONS AND MEANS TAKING PART IN NAVIGATION
Article 22
1.
The crew on the means must have a professional diploma or certificate
corresponding with their titles and the kinds of means prescribed by the
Ministry of Communications and Transport and must be registered by the
specialized State managing agency in the list of crew members (the crew
members assigned with security and defense tasks shall be defined by the
Ministry of Defense and the Ministry of the Interior).
2.
The driver of a household means of water transport shall have to learn
the legislation on inland navigation and be issued with a certificate if
he/she operates on an inland waterway.
Article 23
A crew member must not
work on the means or be employed to work on the means if he/she is in
the following states:
1.
Physically unfit to assure fulfillment of the assigned task;
2.
The alcohol, liquor and beer content in his/her blood exceeds 50mg per
100 ml of blood, or 25 mg per liter of breathing air or other stimulants
are detected in his/her blood.
Article 24
1.
The means taking part in navigation (except household means) must meet
the Vietnamese standards, the branch technical standards and must have
the following papers:
a)
A
certificate of registration for inland water transport;
b)
The list of crew members, if the whole family lives on the means, it
must have a register of permanent or temporary residence;
c)
A
certificate of technical safety;
d)
A
transport permit on inland waterways (for the means engaged in transport
business).
2.
The registration number and the name of the means must be painted as
prescribed.
Article 25
Foreign ship
and boats are allowed to transport goods and passengers on Vietnam’s
inland waterways only when permitted by the Minister of Communications
and Transport.
Article 26
The means is
allowed to carry out exploitation in conformity with its purpose, the
area of operation and the lane already permitted by the competent
managing agency. The means is forbidden to transport more goods than
defined by the displacement mark or more passengers than the prescribed
number. In the flood season it must reduce the load to the safe level in
order to avoid possible accident.
The Ministry
of Communications and Transport shall provide concrete stipulations for
the reduction of loads during the flood season.
Article 27
Goods must be
arranged neither neatly in order to destabilize the means nor to
interfere with the view of the driver. It is forbidden to arrange goods
beyond the width and length of the means.
Article 28
A passenger
means of transport must register the ports of departure and destination
and must take and deliver the passengers at the assigned places. A
passenger ship or boat must be provided with a list of passengers.
Article 29
A passenger
ship must ensure the number of seats as prescribed. Easy and convenient
passage must be ensured for the passengers. It is forbidden to seat
passengers on the top or on either side of the ship.
Article 30
A passenger
ship or boat must have a safety rule. Before departure, the captain or
the boat driver must popularize this rule and the way of using the
safety devices to the passengers.
Article 31
1.
It is forbidden to transport cattle, horses and other large animals in
the same place as passengers. When they need to be transported small
animals must be kept in cages and must not cause nuisance to the
passengers.
2.
The passenger transport means must not carry toxic, explosive,
inflammable and other dangerous substances which affect the health and
life of passengers.
Article 32
A means of
transport carrying toxic goods, explosive and other dangerous substances
must get permission from the competent State agency and must be marked
with a special sign as prescribed. It must strictly observe the
prescriptions on the prevention and fight against toxicity, fires and
explosions.
Article 33
An
organization or individual that wants to build a new means of inland
water transport must have a permit from the competent State agency. The
Ministry of Communications and Transport shall provide concrete
stipulations for the permit to build a new means of inland water
transport.
Article 34
The new or
transformed means (excluding household means) must have its design
dossier approved by the Ship Registration Service which shall also
exercise technical supervision during the building of the means.
An
organization or individual engaged in the business of designing inland
water transport means must have permission from the Ministry of
Communications and Transport.
Article 35
The
establishments to build or repair water transport means must have the
necessary conditions in equipment and technology and must be given
operating permits by the competent agency of the Ministry of
Communications and Transport.
Article 36
The technical
control of the means of inland water transport for the issue of
certificates of technical safety can be done only at the establishments
designated by the Ministry of Communications and Transport.
T he
registration agency for inland water transport means must be equipped
with the necessary equipment and tools for inspection; the technical
control of the means must be done in conformity with the rules and
criteria issued by the State and the Ministry of Communications and
Transport.
The head of
the registration agency for inland water transport means is answerable
before law for the conclusions after the inspection.
CHAPTER V
INLAND WATER PORTS AND LANDING STAGES
Article 37
Inland water
ports and landing stages (excluding military ports and landing stages
which shall apply separate regulations) must have the necessary dossiers
and procedures and must get operating permits from the competent agency;
must be recorded in the list of inland water ports and landing stages as
prescribed by the Ministry of Communications and Transport.
Article 38
1.
All inland water ports and landing stages must have the regulations to
ensure navigation order and safety, regulations on prevention and fight
against fires and explosives, to ensure order and safety in the area and
prevention against environmental pollution.
2.
All inland water ports and landing stages must have signal buoys on the
delimitation of the water area, and have enough room for safe anchoring
and mooring.
3.
The landing ramp must have anti-shock cushions and enough rails and
landing stairs for passengers.
The landing
stages for boats must have ramps for the embarkation and disembarkation
of passengers.
The landing
ramps and stages must be sufficiently lighted at night.
4. The equipment for
loading and unloading goods must meet the criteria for technical safety.
Article 39
1.
It is strictly forbidden to open an inland water port or landing stage
arbitrarily without conforming to the regulations in Article 37 and 38
of this Decree.
2.
It is strictly forbidden for an inland port or landing stage to load
goods or take passengers onto the transport means without technical
safety guarantee; to overload (past the goods transport line or the
registered water line or to take more passengers and goods than
prescribed)
Article 40
The crew of
the water transport means operating in the water area of the inland port
or landing stage must strictly observe the regulations of the
specialized State management authorities at the port or landing stage.
Article 41
1.
The specialized State management authority at the inland water port or
landing stage is the inland water transport authority.
2.
The Ministry of Communications and Transport shall provide for the
function, tasks and powers of the inland port authorities.
CHAPTER VI
NAVIGATION RULES AND SIGNALS ON INLAND WATERWAYS
Section 1: NAVIGATION RULES
Article 42-
General provisions on navigation and crossing for inland water transport
means:
1.
While traveling, the means must keep completely to one side of the lane.
2.
The means going in opposite directions must cross each other on their
right.
3.
The means moving downstream is given priority, the means going upstream
must give way.
4.
The means which is given priority passage must flash signals first to
ask for passage and create all favorable conditions for the other means
to give way safely.
Article 43
Motorized
means crossing each other:
The means
which sees the other means on its right (or the red lamp of the other
means at night) has to give way.
Article 44-
Motorized lightering boats crossing in a narrow lane:
1.
In case the tug boat moves upstream and the untagged boat moves
downstream: both have to slow down, the tug boat has to draw as closely
as possible to the lane on its right and, if necessary, has to stop and
put all the tugged means to its rear so that the untagged boat moving
downstream can have enough passage.
2.
In case the tug boat moves downstream and the untagged means moves
upstream: both have to slow down, the untagged means has to draw as
closely as possible to the lane on its right and, if necessary, has to
stop. The tug boat, if necessary, has to put all the tugged means to its
rear.
3.
In case both means are tug means: both have to slow down and, if
necessary, the means going upstream has to stop and put all the tugged
means to its rear, and if this is still not enough, the means moving
downstream shall have to do the same as the means moving upstream.
4.
In case of standing water: the untagged means shall have to give way to
the tug means. If necessary, the tug means has to put all the tugged
means to its rear.
Article 45-Motorized
means crossing on a wide lane:
On a wide
lane, the motorized means do not necessarily have to cross each other
according to the common rule, the means moving downstream shall have the
priority choice of the passage most convenient to its operation but must
flash operation signals (stipulated at Article 61 of this Decree).
Article 46-
When a small motorized means meets a large motorized
means:
The small
motorized means must give way to the large motorized means and the
tugged convoy.
Article 47-Motorized
means crossing at a cross-lane or at a rive bend:
1.
The means which arrives first shall be given priority, the one which
comes later shall have to give way.
2.
If both means arrive at the cross-lane or a river bend at the same time,
they shall cross according to the common rules stipulated at Article 42
of this Decree.
3.
If both means move downstream or upstream or in standing water the
priority right and the principle of giving way shall apply as in the
crossing of two motorized means.
* Method of crossing:
Arrived near a
cross-lane or a river bend, if visibility is about 500 meters with plain
eyes, the means shall blow a long siren as signal.
The siren must
be repeated many times and the means must keep close to the lane on its
right. If the lane is narrow, the means moving upstream shall have to
stop about 300 meters from the cross-lane or the river bend, and shall
proceed only after the downstream means has passed.
If visibility
is less than 500m, the means has to slow down and send out the above
signal. On hearing the siren, the upstream means has to stop and send
out the prescribed siren signal. On hearing the signal of the upstream
means, the downstream means shall immediately send out the operation
signal as prescribed so that the upstream means can be alerted and give
way.
Article 48-
a rudimentary means meeting a motorized means:
The
rudimentary means must give way and must not cut across in front of the
motorized means. But in case of a raft, the motorized means must give
way.
Article 49-
In standing water:
The right of
passage belongs to the means which sends out the signal first, the other
means must comply.
Article 50-
Crossing by means hauled by ropes on shore:
1.
When a boat hauled by rope meets a boat without hauling rope, the boat
with rope shall draw to the side having the hauling rope.
2.
If both boats are hauled from the same bank, one is heavily loaded and
the other lightly loaded or unloaded: the lightly loaded or unloaded
boat shall have to avoid the heavily loaded boat by keeping to the side
of its hauling rope.
3.
If both boats are hauled from the same bank and are both heavily loaded,
lightly loaded or unloaded: the boat going upstream shall have to give
way to the downstream boat by keeping to the side of its hanling rope.
In standing water, they shall cross each other by keeping to the right.
Article 51-
Crossing of sail boats:
1.
If one has put up sail and the other not, the boat without sail shall
have to give way to the sail boat.
2.
Both boats have put up sail:
a)
The boat sailing with the winds has to avoid the boat sailing against
the wind.
b)
The boat with wind to port shall avoid the boat with wind to the
starboard (the wind-carrying side is the opposite side of the main
sail).
c)
The boat with greater wind exposure shall have to avoid the boat with
lesser wind exposure.
Article 52-
A means overtaking another:
1. General
principle: when a means catches up with another means, it always has the
right to overtake, except in the following cases:
a)
There is and oncoming means or an obstacle ahead;
b)
The place is a cross-lane or a river bend or a narrow section of the
river;
c)
When passing beneath a bridge, a culvert, or through a water lock or a
navigation control area;
d)
When it is deemed that overtaking is not safe.
2. A motorized
means asking to overtaking another
a) When the means
asking to overtake is about 500 meters from the means to be overtaken,
it shall have to send out a long siren and repeat the siren many times.
On hearing
this siren, if there is no obstacle ahead, the overtaken means shall
draw to the right so that the demanding means can overtake it by the
port side. If for some reason it sees that overtaking is impossible, it
shall send out five short sirens (no-passage signal) intended for the
demanding means. On a wide lane, if for some reason the overtaken means
cannot draw to the right, it has to send out two short sirens and put to
left so that the demanding means can overtake it on the right. The
demanding means shall send out a short siren and proceed to the right to
overtake.
b) During the
overtaking, the overtaken means must slow down and wait until the
demanding means has passed it by about 200 meters before returning to
the direction and speed before returning to the direction and speed
before the overtaking; the demanding means must keep the distance
between the two means at least equal to the length of the larger means.
On a narrow lane, this distance must be at least 5 meters.
When
necessary, the overtaken means has to stop and drew to one side of the
lane for the demanding means to overtake. Until it is about 200 meters
ahead, the demanding means must not draw to the passage lane of the
means which has just been overtaken.
c) If before or
during the overtaking the demanding means deems it impossible to
overtake, it must immediately slow down to keep the distance as
prescribed in Article 53.
3. A rudimentary
means overtaking another:
a)
Two boats without hauling ropes overtaking each other: the front boat
shall put to the right and the rear boar shall overtake from its left
side.
b)
A
boat without hauling rope overtaking one with hauling rope: the boat
with hauling rope shall draw to the side of the hauling rope.
c)
A
boat with hauling rope overtaking a boat without hauling rope: the front
boat shall draw to the bank without hauling rope.
d)
Boats with hauling ropes overtaking each other: the front boat shall
draw to the bank where it has its hauling rope.
Article 53-
Lengthwise distance between means sailing in the same
direction:
Motorized
means and sail boats sailing in the same direction must be at least 100
m distant from each other if they are sailing upstream or 300 m if they
are sailing downstream.
Rafts moving
in the same direction must be at least 500m distant from each other.
Article 54-
Reducing speed:
A moving means
must reduce its speed where there are slow-down signs and in the
following cases:
1.
Crossing on a narrow lane;
2.
Approaching a cross-lane or a river bend or passing a narrow lane;
3.
Moving near equipment engaged in hydrological work or where a
construction is under way or a means is in distress;
4.
Moving near the equipments flying the banner marked with the letter “B”
in daytime and marked with a red light that can be seen from all sides
(360o) at night.
5.
Moving within an area of landing stages or places where many boats are
moored;
6.
The route is made unclearly by fog or rain or for other reasons;
7.
Moving close to a dyke during the spate season.
Article 55-
Traveling in conditions of limited visibility:
In case of
mist, fog or heavy rain or smoke which limits visibility to under 300m,
all the means must slow down and send out signals as prescribed. Guards
must be posted at the necessary places.
If the route
cannot be seen clearly, the means has to stop, send its men to stand
guard and also has to send out signals.
Article 56-
When passing beneath a bridge (which is not open to traffic all the
time), through a culvert, a water-lock or a navigation control area, the
driver of the means must strictly comply with the guidance of the
personnel in charge of the bridge, culver, water-lock and navigation
control area. It is forbidden for the means to move in parallel or to
overtake one another.
If the need
arises to anchor at a given boat pool, the means must abide by the
control of the men in charge. When order is given to move, the means
which come first shall go first, and the ones which come later shall
leave later (except those means tasked to do rescue work or other
emergency tasks on orders from a competent agency).
Article 57-
Means moored in a landing stage:
A means
entering a landing stage must anchor at the prescribed place, tether the
means carefully and put down a gangway to the bank for passengers to
embark and disembark or for loading and unloading goods. The gangway
must be solid and provided with rail or a stretched rope in lieu of the
rail. When necessary there must be a protection wire mesh for the crews
of the means moored farther from the shore and the persons on duty to
cross the means.
Apart from the
above stipulations, the means moored in the landing stage must also
observe the regulations of the landing stage.
Article 58-
Means moored outside the landing stage:
1.
Only in special case and with the permission of the competent agency can
a motorized means moor outside the area of the landing stage for
passengers to embark or disembark or for loading and unloading goods,
but it must not obstruct the movement of other means. The boats carrying
passengers or goods to and from these means can approach them only when
they have moored. When the delivery and reception of passengers and
loading and unloading of goods have been completed, before leaving the
landing stage, these motorized means must send out sound signals and
wait until all the small means have left for a safe distance before
lifting the anchor and resume the travel.
2.
If for any reason the means needs to moor, it must cast anchor or secure
itself firmly with rope and must post a guard.
Article 59-
Prohibitions:
1.
The means are prohibited from mooring or anchoring at a cross-lane, a
river band, beneath a bridge or near constructions and places with no
mooring or no anchoring signs.
2.
A
means is forbidden to cling to or tie itself to another means, or to let
another means cling to or be tied to it while traveling (except when it
is executing a tug contract or engaged in a rescue operation).
3.
It is forbidden to use a lightering boat to receive and deliver
passengers;
4.
It is forbidden for a means to tie its rope to a bridge railing, a
culvert or water-lock gate, buoy and signal post;
5.
It is forbidden for the means to groundlessly direct its headlights on
other moving means.
6.
It is forbidden for the means to misuse their priority right to obstruct
the operation and safety of the means which must give way to it.
Section II:
SIGNALS
Article 60-
General rules:
A-Concerning sound signals:
1.
All operating means must be equipped with siren or bell or gong.
2.
All motorized means with capacity of 30 HP and more must be equipped
with sirens that can be heard from at least 500m.
3.
All motorized means with capacity of less than 30 HP must be equipped
with siren that can be heard from at least 300m.
4.
A
long siren lasts 4-6 seconds, a short siren about 1 second, and the
interval between two sirens is about 1 second.
5.
A
rudimentary means must use siren, bell or gong that can be heard from at
least 100m.
B.
About signal lamps:
1.
During night time (from sundown to sunrise) and during day time when
visibility is not good outside 300m, the means must light its lamps as
prescribed. The lamps must be kept lighted continually and must not wait
until an approaching means is in sight and then are put out.
2.
Specifications for the lamps:
a) Light intensity
of the various kinds of lamps when the night is dark but the sky is
clear:
The white lamp
of the means of Category A must be clearly seen from a distance of
1500m.
The white lamp
of the means of Categories C, D and E must be clearly seen from a
distance of 1,000m.
The color lamp
of the means Categories A and B must be clearly seen from a distance of
1,000m.
The color lamp
of the means Categories C, E, F must be clearly seen from a distance of
800m.
b) The lighting
range of the types of traveling lamps on the means Categories A, B, and
C is prescribed as follows:
A fore lamp on
a means Category A: the light must be 225o facing forward and
evenly distributed to both sides of the means.
A green lamp
on a means Categories A and C: 112o 30’ parallel with the
length of the means from fore to the starboard.
A red lamp on
a means Categories A and C: 112o30’ parallel with the length
of the means from for to port.
Half-green and
half-red lamp: the green half to the starboard, the red half to port on
a means Category B, scope of each light 180o lengthwise with
the means.
White lamp on
a means Categories A and C: the light must be 135o from the
aft lengthwise with the means and evenly distributed to both sides.
c) Green lamp and
red lamp on means Categories A and C must have a shield so that the red
light cannot be seen from the right side of the fore, and the green lamp
cannot be seen from the left side of the fore.
Apart from the
lamps prescribed for means Categories A, B and C of this Article, the
other lamps prescribed in this Decree must be seen from all sides (360o).
C-About signals:
The signs must
be put up from sunrise to sundown at the most visible places and the
colors must be clear.
D- On
signal banners:
Meaning of the
signal banners printed at Appendix No.1 attached to this Decree.
Article 61-
Operation signals:
1. A traveling
means when seeing another means must send out the appropriate operation
sound signal to announce its direction:
a)
A
short sound means that I am moving on my right.
b)
Two short sounds mean that I am moving on my left.
c)
Three short sounds mean that I am moving backwards.
2. Apart from the
sound signals prescribed in Item 1 of this Article, the means may at the
same time send out light signals:
a)
A
flash means that I am moving on my right.
b)
Two flashes mean I am moving on my left.
c)
Three flashes mean that I am moving backwards.
Each flash
lasts one second, the interval between two flashes is about one second.
The lamp used
to send out this signal must be a white lamp that can be seen from all
sides from a distance of a least 1,000m.
Article 62-
Information signals:
A means shall
inform others of its operating state by the following sound signals:
Four short sounds:
calling for help other means.
Five short sounds:
cannot give way.
A long sound:
attention, take caution, asking for passage.
Two long sounds: stop.
Three long sounds:
about to enter port, leaving port, farewell.
Four long sounds:
asking for opening of bridge, culvert, water-lock.
Three short sounds
followed by three long sounds followed by three short sounds: someone
has fallen into water.
A long sound followed
by two short sounds : the means has run aground, the means is measuring
the water flow, the means is building a construction project.
Two long sounds
followed by two short sounds: the means has lost control of its
operation.
Sail boat: a short
sound : the wind is blowing on the starboard; two short sounds: the wind
is blowing on port; three short sounds: the wind is blowing on the aft.
Article 63-
Signals in case of limited visibility:
1.
In case of fog, heavy rain or smoke which limits visibility to under
300m the means has to send out the following sound signals:
a)
A
long sound every two minutes: the means is slowing down or has switched
off engine but is still moving.
b)
Two long sounds every two minutes: the means has switched off engine and
is no longer moving.
2. The sound must
be sent out continuously until visibility has extended to 300m.
Article 64-
Classification of means for the use of signals:
The means
operating on inland waterways are divided into the following six
categories:
Category A:
Motorized means with capacity of 30 HP and more.
Category B:
Motorized means with capacity of less than 30 HP.
Category C:
Barges and boats with capacity of 30 tons and more.
Category D:
Barges and boats with capacity of less than 30 tons.
Category E: Rafts more than 25m long and more than 5m wide.
Category F: Rafts less than 50m long and les than 5m wide.
Article 65-
Traveling lamps for means sailing alone:
1.
Category A:
a)
A
white fore lamp on the longitudinal axis of the ship at least 3m above
water level when the ship is fully loaded.
b)
Two side lamps: green lamp on the right and red lamp on the left placed
laterally close to the vertical plane of the ship side. The side lamp
must be placed at least one fourth lower than the height of the white
fore lamp.
c)
A
white lamp on the aft.
2.
Category B:
A half-green,
half-red light that can be seen from all sides placed on the
longitudinal axis of the ship at least 2m above water level at the most
visible place when the ship is fully loaded.
3.
Category C:
a)
Two side lamps, green on the right and red on the left.
b)
A
white lamp on the aft.
4.
Category D:
A white lamp
that can be seen from all sides at least 2m above the deck.
5.
Category E:
a)
A
red lamp in the center of the raft.
b)
Two white lamps on the longitudinal axis of the raft, one at the fore
and one at the aft of the raft.
If the raft is
more than 15m wide, the white lamp on the longitudinal axis can be
dispensed with, but four white lamps must be lighted on the fourth
corners of the raft.
The lamp must
be at least 1.5m above water level.
6.
Category F:
A red lamp in
the center of the raft at least 1.5m above water level.
Article 66-
Signals on a convoy of tug boats:
1.
Signals on a tug boat (means Category A)
a)
Apart from the prescribed traveling lamps, right after tying the tug
rope, the tug boat must light the following additional lamps:
A white fore
lamp which adds up to two white fore lamps, if the convoy is less than
100m long (from the fore of the tug boat to the aft of the last tugged
means).
Two white
lamps above the white fore lamp which add up to three white fore lamps,
if the convoy is 100m and more long.
The additional
white lamps must be of the same modals as the white fore lamp and
superposed 1m one above the other on a vertical line.
b)
In day time, each white fore lamp shall be replaced by a sign consisting
of two interlacing black circles 0.3m in diameter.
2.
Signals on the tug boat (means Category B):
a)
Apart from the half-green and half-red lamps, right after tying the tug
rope, the tug boat must light another white lamp that can be seen form
all sides (360o) on the same vertical line and 0.5m higher
than the half-green, half-red lamp is replaced by two signs, each
consisting of two interlacing black circles 0.3m in diameter.
b)
In daytime, the white lamp and the half-green, half-red lamp is replaced
by two signs, each consisting of two interlacing black circles 0.3m in
diameter.
3.
Signals on the tugged means:
a)
Means Categories A and C shall light only the side lamps with an
additional white lamp on the aft of the last means that can be seen from
all sides and from a distance of 1,000m, and at least 3m above the deck
of the means.
If the tugged
means move in rows, the outside means shall light only a corresponding
side lamp of its own. The means in the center need not light their
lamps.
b)
Means Categories B, D, E, and F, shall light lamps as in case of lone
traveling.
c)
If the ship tugs only one boat without passengers and the distance from
the aft of the boat to the aft the ships does not exceed 6m, the boat
needs not light its lamp.
Article 67-
Signals on the convoy of lightering boats:
1.
Signals on the tug boat (means Category A):
At night, apart from
the lamps prescribed for means of its category, the tug boat must light
an additional white lamp 1m higher than the fore white lamp and of the
same type as the fore white lamp.
In daytime, each fore
white lamp shall be replaced by a sign consisting of two interlacing
black circles, each 0.3m in diameter.
2.
Signs on tug boat (means Category B):
As prescribed for tug
boats in Item 2 Article 65.
a)
If it is a means Category A or C side lamps and the piloting lamp shall
be lighted.
b)
If it is a means Category B, D, or F the outermost means shall light the
lamps as in lone sailing. The inside means need not light their lamps.
c)
If it is a raft Category E only a red lamp in the center of the raft and
two white lamps on the two outer corners are needed. The lamps must be
at least 1.5m above the raft.
Article 68
1)
Signals
on push convoy.
2)
Signals on push boat (means Category A).
a)
At night, apart from the lamps prescribed for boats of its category, a
push boat shall also light a green lamp, lighting range 360o
C placed 1m higher than the fore white lamp clearly visible from 1,000m.
b)
In daytime, the green lamp shall be replaced by a sign consisting of two
interlacing back isosceles pointed upward, 0.3mby each side.
3)
Signals on push boat (means Category B):
a)
At night, apart from the lamps prescribed for means of its category, an
additional green lamp must be lighted 0.5m higher than the half-green
and half-red lamp and can be seen from all sides from 1,000m.
b)
In daytime, a sign shall be put up as prescribed in Item 1 of this
Article.
4)
Signals on tugged means:
a)
If it is a means Category A or C, the green lamp shall be put on the
right side, and the red light on the left, and lighted only at the
leading means. No side lamps is necessary for other means. The tugged
means need not light the piloting lamp.
b)
If it is a means Category B, the leading means shall light a lamp as in
the case of lone sailing.
c)
If the means are paired, side lamps shall be lighted as prescribed for
the outside means, the inside means does not need to light lamp.
Article 69-
Signals on a convoy of mixed tug boats:
1.
Signals on the tug boat:
a)
Signals on the main tug boat (means Category A)
Apart from the
lamps prescribed for the means of its category, the main tug boat must
light two additional green lamps on the same vertical line as the fore
white lamp, lighting range 360oC, placed 1m above and beneath
the fore white lamp.
In daytime,
each of these lamps is replaced by a sign consisting of two interlacing
black rectangles size 0.3m x 0.6m.
b)
Signals on the main tug boat (means Category B)
At night,
apart from the lamps prescribed for the means of its category, the main
tug boat must light two additional green lamps 0.5m apart on the same
vertical line as the half-green, half-red lamps, lighting range 360oC,
0.5m higher than the half-green, half-red lamp and clearly visible from
1,000m.
In daytime,
signals shall be put up as prescribed in Item 1 of this Article.
2.
Signals on support ships:
Depending on
the position of the support ship for tugging, pushing or lightering,
signals for daytime and night use shall be used as prescribed for tug
boats, push boats or lightering boats which are means Category A or B
(stipulated in Article 66, Article 67, Article 68).
3. Signals on tugged
means:
At night, only
one outside lamp shall be lighted as prescribed for the outermost means.
No need to light lamps on the inside means.
Article 70-
Signals on the means which have lost control of its
operation:
a)
A
motorized means which has lost control of its operation at night must
light a red lamp and put it on a high place where it is most visible. If
momentum remains, aside lamp and a piloting lamp shall be lighted (for
means Category B).
b)
In daytime, the red lamp shall be replaced by a sign consisting of two
black interlacing lozenges measuring 0.3m by each side.
Article 71-
Signals on anchored means:
For a means
less than 45m long, a white lamp shall be lighted at the stern at least
2m above the deck.
For a means
more than 45m long, one more white lamp shall be added at the bow and 1m
lower than the fore white lamp.
In case the
means anchors in a narrow lane, one additional white lamp shall be
lighted where the means protrudes the nearest to the lane.
Raft moored
outside the landing stage: a red light shall be lighted in the center of
the raft and on the side of the passage of ships, two white lamps shall
be put at the corner of the raft.
In daytime,
the moored means shall hang at its fore a sign consisting of two
interlacing black circles 0.3m in diameter.
Article 72-
Signals on a means which runs aground on its lane:
1.
On the traveling lane, if a means runs aground and if the rest of the
lane is still navigable, a red light must be lighted at the lamp post 1m
above the green lamp.
In daytime,
the red and green lamps shall be replaced by a sign consisting of two
interlacing black squares 0.3m by each side.
On the
navigable part of the lane, a white lamp shall be hung 1m above the main
deck (for a means less than 45m long), the second white lamp 1m above
the first.
2.
In case the lane is fully blocked, two red lamps 1m apart must be put up
one above the other.
In daytime,
the two red lamps shall be replaced by two signs, each consisting of two
interlacing black squares 0.3m by each side.
If the means
runs aground at a cross lane or a river bend which limits visibility to
less than 500m, the means must assign their personnel to guard and send
out signals as prescribed in Item 8 of Article 62 of this Decree.
The above
signals must be sent out by the driver of the means right after the
means runs aground.
Article 73-
Signals of means on mission on inland waterways:
The means on
mission about lanes and hydrology or of building a construction shall
use signals like a means having run aground (Article 72).
Article 74-
Signals on passenger transport means:
1.
Motorized means for transport of passengers:
At night,
apart from the lamps prescribed for means categories A and B sailing
alone, a blink white lamp (one second of interval) shall be operated
continuously during the whole travel and visible at least within 1,000m.
The blinking white lamp shall be placed 1m higher than the fore white
lamp (for means Category A) and 0.5m higher than the half-green and
half-red lamps (for means Category B).
2.
Rudimentary passenger transport means:
At night, two
white lamps shall be hung on the same vertical line 0.5m from each
other.
Article 75-
Signals on means transporting inflammable and explosive
substances:
Apart from the
lamps prescribed for the categories of means sailing alone, an
additional red lamp must be lighted beside the lamp post, at least 1m
higher than the fore white lamp. Boast and barges shall hang red lamps
at the fore at least 3m above deck.
In daytime,
the red lamps shall be replaced by a banner marked with the letter “B”.
Article 76-
Signals on fishing ships and boats and on fishing hecks:
1.
Signals on fishing ships and boats:
Signals on
fishing ships and boats must light a white lamp at the bow and a red
lamp lower than the white lamp at the side with the net. The red lamp
must be at least 2m above water. When it still retains its momentum, a
fishing ship shall have to light a side lamp and a piloting lamp (for
means Category A), or a half-green, half-red lamp (for a means Category
B).
In daytime,
the red lamp shall be replaced by a sign consisting of four white
regular triangles 0.3m by each side, forming two pairs interlaced at the
angles.
Ships and
boats less than 20m long can replace the above signs with a sign
consisting of two interlacing white circles 0.3m in diameter.
2.
Signals of fishing hecks:
If the hecks
are arranged in lateral rows along the lane and are less than 30m long,
a red lamp must be lighted at the end of each heck. If they are more
than 30m long, a red lamp shall be lighted every 30m. In daytime, each
lamp is replaced by two black interlacing circles 0.3m in diameter. The
lamps and sign must be hung at least 1.5m above water.
If the hecks
are put up across the lane, they also have to put up lamps and signs and
one additional white lamp must be added to either side of the lane, 1m
higher than the red lamp. In daytime, each white lamp shall be replaced
by a sign consisting of two interlacing black circles 0.3m in diameter.
Article 77-
Signals from a means to alert other means that someone
has fallen into water.
When a person
falls into water, the means must light a green lamp between two red
lamps on the same vertical line, 1m apart. The lower red lamp is placed
1m above the main deck. At the same time, the means must send out a
sound signal consisting of three short sounds followed by three long
sounds and again three short sounds. At night, the lamps and sound
signals are used at the same time.
In daytime,
the means shall put up a banner with the letter “O” on the lamp post and
also send out the above sound signal.
Article 78-
Signals to ask traffic police and inspectors onto the
means:
To ask traffic
police or inspector on inland waterways onto the means, apart from the
lamps prescribed, the means must light and additional green lamp 1m
above a red lamp. In daytime, it shall put up a green banner.
Article 79-
Signals on a means where persons or animals have caught an infectious
disease, and epidemic control is needed:
At night, a
yellow lamp shall be put up on top of the lamp post.
In daytime, a
banner with the letter “Q” shall be hoisted above a banner with the
letter “Q”.
Article 80-
Signals on a means in distress a asking for help:
In daytime, a
banner with the letter “N” above a banner with the letter “C” shall be
put up, and one or the following sound signals shall be send out
simultaneously:
A continuous
peel of bell or gong;
A series of
continuous short sirens.
At night, the
above signals are sent out at the same time with continuous blinking of
a red light.
Article 81-
Signals enjoining other means to come for inspection:
When the
competent traffic and order police wants to inspect a means, they shall
use the following signals:
In daytime,
they shall put up the banner with the letter”K” and send out a long
siren followed by a short siren, they again a long siren;
At night, they
shall send out the same signal and light a green lamp above a white lamp
0.6m apart.
CHAPTER VII
SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF NAVIGATION ORDER AND
SAFETY ON INLAND WATERWAYS
Article 82-
General principles:
1.
An individual or organization that commits an administrative violation
of navigation order and safety on inland waterways shall be sanctioned
in the forms and at the levels stipulated in this Decree.
2.
The sanctioning of the administrative violations of navigation order and
safety on inland waterways shall conform with the principles stipulated
in the Ordinance on the Handling of Administrative Violations.
3.
Application of other forms of sanctions and measures:
a)
When the sanction is in the form of fine, the concrete amount of fine
against an administrative violation is the average level of the fine
frame set for these violations; if the violation has attenuating
factors, the fine may be lower but not below the minimum set in the fine
frame. If the violation has aggravating factors, the fine may be higher
but shall not exceed the maximum set in the fine frame.
The
attenuating or aggravating factors shall be considered in accordance
with the stipulations in Article 7 and Article 8 of the Ordinance on the
Handling of Administrative Violations;
b)
The other forms of supplementary sanctions and measures shall apply
together with the administrative sanctions if so prescribed in this
Decree, aimed at fully handling the violations, eliminating the causes
and conditions for further violations and overcoming all consequences of
the administrative violations.
4.
Sanctions against violations by persons competent to order sanctions
against administrative violations.
Any person
competent to order sanctions against administrative violations who
hassles others, condones or covers up a violation, fails to sanction or
sanction not in time, not correspondingly with the violation or beyond
his vested powers shall, depending on the character and extent of the
violation, be disciplined or examined for penal liability. If the
violation causes material damage, he/she shall have to pay compensation
as prescribed by law.
Article 83-
Sanctions against violations during a navigation accident on an inland
waterway.
1.
To be served a warning or fined 50,000 to 200,000 VND for failure to
inform the nearest local People’s Committee when the accident occurs.
2.
A
fine of 100,000 to 200,000 VND on the person(s) directly related to the
accident who is not present at the time prescribed by the authorities in
order to make a field report.
3.
A
fine of 200,000 to 500,000 VND for one of the following violations:
a)
Removing evidences at the place of the accident;
b)
The captain of another means or any other person present at the place of
the accident who shirks the obligation to rescue when he/she has the
conditions to do so.
4.
A
fine of 1,000,000 to 2,000,000 VND on the captain of the means victim of
the accident who shirks the obligation to rescue when he/she has the
conditions to do so.
5.
Form of supplementary sanctions and other measures:
Stripping the
crew members of their right to use their professional permits or
certificates for 3 to 6 months in case of a violation stipulated in Item
2, Point a of Item 3, and Item 4 of this Article.
Article 84-
Sanctions against acts of encroachment upon and inland
water transport establishment:
1.
A
fine of 50,000 to 200,000 VND for one of the following violations:
a)
Dumping garbage or rice straw into an inland waterway;
b)
Erecting tents or inns along an inland waterway;
2.
A
fine of 500,000 to 2,000,000 VND for an act of dumping mud, earth,
stone, sand, pebble or other waste materials into an inland waterway.
3.
A
fine of 1,000,000 to 3,000,000 VND for an act of colliding with or
bumping against and damaging a navigation facility while driving a
means.
4.
A
fine of 10,000,000 to 20,000,000 VND for an act of dumping mud, earth
and sand at variance with the permit to dig scoop and dredge a waterway.
5.
Forms of supplementary sanction and other measures:
a)
Forcible dismantlement of the tents and inns if it is a violation
defined in Point b, item 1;
b)
Forcible clearance of the garbage, mud, earth, sand, pebble and other
waste materials if it is a violation defined in Point a, item 1, and
Items 2 and 4;
c)
Forcible restoration of the original state of the construction which has
been altered by the administrative violation if it is a violation
defined in Item 3.
Article 85-
Sanctions against administrative violations concerning the building of
constructions on inland waterways
1.
A
fine of 3,000,000 to 5,000,000 VND for one of the following acts while
building a construction on inland waterway:
a)
Failing to execute correctly the stipulations in the permit;
b)
Failing to dispose of all obstacles after the completion of the
construction.
2.
A
fine of 4,000,000 to 10,000,000 VND for an act of building a
construction without permit.
3.
Forms of supplementary sanction and other measures:
a)
Forcible compliance with the stipulations in the permit if it is a
violation defined in Point a, Item 1;
b)
Forcible removal of all obstacles within the time-limit prescribed by
the unit managing the inland waterway if it is a violation defined in
Point b, item 1;
c)
Forcible dismantlement of the construction if it is a violation defined
in Item 2.
Article 86-
Sanctions against violations concerning the management of
inland waterways
A fine of
2,000,000 to 5,000,000 VND for an act of failing to take timely measures
of remedy when detecting damage to the inland waterway.
Article 87-
Sanctions against violations concerning the salvage and refloating, and
removal of obstacles on inland waterways:
1.
A
fine of 500,000 to 2,000,000 VND for an act of violating the time-limit
for salvaging a sunk means or another obstacles as prescribed.
2.
A
fine of 2,000,000 to 5,000,000 VND for an act of failing to removing all
the obstacles.
3.
A
fine of 10,000,000 to 20,000,000 VND for an act of shirking the
obligation of salvaging.
4.
Forms of supplementary sanctions and other measures:
Forcing the
offender to salvage or to bear all the cost of salvage if it is a
violation defined in Item 2 and Item 3.
Article 88-
Sanctions against the act of fishing and raising aquatic
products in violation of the provisions on navigation order and safety
on inland waterways.
1.
A
fine of 100,000 to 200,000 VND for an act of fishing and raising aquatic
products within the area of protection on an inland waterway by failing
to strictly conform with the stipulations in the permit.
2.
A
fine of 100,000 to 300,000 VND for an act of mobile fishing thus causing
obstruction to inland water navigation.
3.
A
fine of 200,000 to 500,000 VND for failing to removing all obstacles
after completing the use of a means to fish or raise aquatic products
within the protection area of an inland navigation project.
4.
A
fine of 300,000 to 1,000,000 VND for an act of failing to remove, narrow
or dismantle the means of fishing and raising aquatic products as
notified by the agency managing the inland waterway.
5.
A
fine of 500,000 to 1,500,000 VND for a act of fishing or raising aquatic
products within the protection area of the inland waterway without
permit.
6.
Forms of supplementary sanction and other measures:
a)
Forcible removal of all obstacles if it is a violation stipulated in
Item 3 of this Article;
b)
Forcible adherence to the contents and time limit prescribed by the
agency managing the inland waterway if it is a violation defined in Item
4 of this Article.
Article 89-
Sanctions against violations concerning the signals on
inland waterways:
1.
To be served a warning or fined 20,000 to 50,000 VND if it is a failure
to install a signal at the landing stage.
2.
A
fine of 100,000 to 300,000 VND for hiding a sign.
3.
A
fine of 300,000 to 1,000,000 VND for one of the following acts:
a)
Failure to send out in time a signal when a means or other objects are
sunk thus causing obstruction on an inland waterway;
b)
Failure to keep a signal permanent.
4.
A
fine of 500,000 to 2,000,000 VND for an act of removing or deliberately
neutralizing a signal device.
5.
A
fine of 1,000,000 to 3,000,000 VND for an act of failing to install or
installing the signal device at the prescribed place.
6.
Forms of supplementary sanction and other measures:
a)
Forcible removal of the object hiding the signal if it is a violation
defined in Item 2 of this Article;
b)
Forcible immediate installment of the signal device if it is a violation
defined in Item 3 and Item 5 of this Article.
c)
Forcible restoration of the signal device to its original state if it is
a violation defined in Item 4 of this Article.
Article 90-
Sanctions against violations concerning inland water transport
navigation order and safety:
1.
To be served a warning of fined 5,000 to 20,000 VND for the failure to
compile a safety rule on a passenger boat.
2.
A
fine of 20,000 to 50,000 VND for failure to produce the list of
passengers traveling on a passenger boat when leaving port.
3.
A
fine of 50,000 to 100,000 VND for one of the following violations:
a)
Lightering the means to a traveling passenger boat for delivering or
receiving passengers (lightering boat);
b)
Transporting small animals not as prescribed.
4.
A
fine of 50,000 to 200,000 VND for one of the following violations:
a)
Clinging or tying to another traveling means;
b)
Allowing another means to cling to or tie to one’s own means while
traveling;
c)
A
passenger boat which has not safety rule or which lets passengers sit on
the top of the boat or on either side of the boat;
d)
Loading oversized goods;
e)
Working on the means after drinking alcoholic beverages, liquor, beer or
other stimulants exceeding the prescribed level;
f)
Employing crewmen to work in a physical state that cannot assure
accomplishment of the assigned tasks.
5.
A
fine of 100,000 to 300,000 VND for one of the following acts:
a)
A
passenger ship employing a lightering boat;
b)
Failure of a passenger boat to produce the list of passengers on
departure;
c)
Receiving or delivering passengers not at the prescribed landing stage;
d)
Using the means at the variance with its prescribed use or with the line
or lane or operating area written in the permit;
6.
A
fine of 200,000 to 500,000 VND for an act of transporting buffaloes,
oxen, horses or other large animals together with passengers.
7.
A
fine of 200,000 to 1,000,000 VND for an act of transporting noxious
goods, inflammable and explosive substances together with passengers.
8.
A
fine of 2,000,000 to 5,000,000 VND for one of the following acts:
a)
Transporting noxious goods and explosives without permit;
b)
Failure to strictly observe the regulations on the prevention and fight
against fires, explosion and toxicity;
c)
Using a faked number plate while driving the means but the offense is
not serious enough to warrant examination for penal liability.
9.
Forms of supplementary sanction and other measures:
Stripping the
captain of the right to use his professional license or certificate for
3 months to 6 months if it is a violation defined in Item 8 of this
Article.
Article 91-
Sanctions against the violations concerning designing,
building, transformation, repair and technical inspection of inland
water transport means.
A fine of
1,000,000 VND to 5,000,000 VND for one of the following acts:
a)
Building a new inland water transport means without asking for
permission;
b)
To design, build, transform or repair a means without an operating
permit;
c)
Failure to correctly abide by the regulations on technical control and
supervision when building, transforming or repairing a means.
Article 92-
Sanctions against the acts of using and driving means without all the
prescribed papers:
1.
A
fine of 20,000 to 50,000 VND for an act of driving a boat without permit
for boat driving of failing to paint the registration number of the
means as prescribed.
2.
A
fine of 100,000 to 200,000 VND for failing to paint the name and the
registration number of the means as prescribed.
3.
A
fine of 100,000 to 300,000 VND for an act of using a means without all
the prescribed papers.
4.
A
fine of 300,000 to 1,000,000 VND for driving a means without the
appropriate driving license or professional certificate as prescribed.
Article 93-
Sanctions against acts of failing to ensure the
prescribed quantity and quality of safety equipment of the means:
1.
A
fine of 10,000 to 50,000 VND for failing to ensure the quantity and
quality of the safety equipment prescribed for rudimentary means.
2.
A
fine of 30,000 to 100,000 VND for failing to ensure the quantity and
quality of the safety equipment prescribed for a passenger transport
means of less than 13 seats or other motorized means with a capacity of
less than 5 tons.
3.
A
fine of 300,000 to 500,000 VND for failing to ensure the quantity and
quality of the safety equipment prescribed for a motorized passenger
transport means of more than 13 seats or motorized freight transport
means of more than 5 tons in capacity.
Article 94-
Sanctions against acts of transporting goods and
passengers in excess of the allowed freight:
1.
Fines against acts of transporting goods less than 5% in excess of the
capacity of the means or convoy of means, corresponding to the following
categories of means:
a)
A
fine of 10,000 to 50,000 VND for a means or convoy of means of less than
50 tons in capacity.
b)
A
fine of 50,000 to 150,000 VND for a means or convoy of means of 50 to
less than 250 tons in capacity;
c)
A
fine of 150,000 VND to 500,000 VND for a means or convoy of means of 250
to 800 tons in capacity;
d)
A
fine of 500,000 to 1,000,000 VND for a means or convoy of means of more
than 800 tons in capacity;
2.
Fine against acts of transporting goods from 5% to 10% in excess of the
capacity of the means of convoy, corresponding with the following
categories of means:
a)
A
fine of 20,000 to 100,000 VND for a means or convoy of less than 50 tons
in capacity;
b)
A
fine of 100,000 to 300,000 VND for a means or convoy of means of 50 to
less than 250 tons in capacity;
c)
A
fine of 300,000 to 1,000,000 VND for a means or convoy of means of 250
to 800 tons in capacity;
d)
A
fine of 1,000 to 2,000,000 VND for a means or convoy of means of more
than 800 tons in capacity;
3.
Fines against acts of transporting goods more than 10% in excess of the
capacity of the means or convoy, corresponding with the following
categories of means:
a)
A
fine of 40,000 to 200,000 VND for a means or convoy of less than 50 tons
in capacity;
b)
A
fine of 200,000 to 600,000 VND for a means or convoy of 50 to less than
250 tons in capacity;
c)
A
fine of 600,000 to 2,000,000 VND for a means or convoy of 250 to 800
tons in capacity;
d)
A
fine of 2,000,000 to 4,000,000 VND for a means or convoy of more than
800 tons in capacity;
4.
A
fine of 20,000 VND on each passenger in excess of the prescribed
quantity for an act of overloading if it is a passenger transport means
within a province.
5.
A
fine of 40,000 VND for any passenger in excess of the prescribed
quantity in case of overloading by an inter-provincial passenger
transport means.
Article 95-
Sanctions against acts of using household means in violation of
navigation order and safety on inland waterways:
1.
A
fine of 10,000 to 20,000 VND for failing to light the signal lamp at
night while traveling.
2.
A
fine of 50,000 to 100,000 VND for an act of transporting without permit
goods for business purpose.
3.
A
fine of 100,000 to 200,000 VND for an act of transporting passengers
without permit for a business purpose.
Article 96-
Sanctions against acts of using rafts in violation of inland navigation
order and safety:
1.
A
fine of 50,000 to 200,000 VND for failing to light signal lamp at night
as prescribed.
2.
A
fine of 200,000 to 500,000 VND for an act of moving anchoring and
mooring not as prescribed.
Article 97-
Sanctions against violations of the regulations on order and safety at
inland water port and landing stages:
1.
A
fine of 30,000 to 50,000 VND for one of the following violations:
a)
Mooring the means not at the prescribed place, or failing to secure it
firmly with ropes;
b)
Moving the means not on the operating order of the competent person at
the port or landing stage.
2.
A
fine of 30,000 to 50,000 VND for opening a landing stage for boats
without permit.
3.
A
fine of 200,000 to 500,000 VND for one of the following violations:
a)
Opening a loading and unloading stage without permit
b)
A
loading and unloading port or landing stage or a passenger port lacks
one of the following equipments:
-Anti-collisions
cushion for the lightering means;
-Mooring post or
mooring buoy for steadying the means;
-Embarking and
disembarking ramp for passengers;
-Insufficient lighting
at night for the ramp or landing stage.
4. A fine of 300,000
to 1,000,000 VND for a port or landing stage which commits one of the
following violations:
a)
Loading goods or receiving passengers onto technically unsafe means;
b)
Overloading (exceeding the loading mark) of the means or receiving
passengers onto the means in excess of the prescribed number;
c)
Having no safety regulations;
d)
Lack of equipment for preventing and combating fire and explosion as
prescribed;
e)
Using loading and unloading equipment not technically safe.
f)
Lack of signs to determine the scope of the water area of the port or
landing stage.
Article 98-
Sanctions against violations of inland water navigation rules
a)
A
fine of 20,000 to 100,000 VND for the driver of a means who commits one
of the following acts:
b)
Violating the traveling rules on a narrow lane;
c)
Violating the rules for crossing and overtaking;
d)
Anchoring or mooring the means not as prescribed;
e)
Violating the prescriptions on signals;
f)
Groundlessly directing headlights on a traveling means;
g)
Violating the regulations on movement in the areas of navigation
control, through culverts, water-locks, pontoon bridges and fixed
bridges;
h)
Refusing to allow another means to overtake even when such overtaking is
possible;
i)
Failure to reduce speed as prescribed;
j)
Failure to keep the prescribed distance either crosswise or lengthwise
from another means;
k)
Failure to use the prescribed sound signals in the area when visibility
is restricted;
l)
Misusing the priority right and causing obstruction to the means which
have to give way.
Article 99-
Determination of competence in handling administrative violations of
inland water navigation and transport order and safety:
1.
The People’s Committee of various levels shall base themselves on the
competence prescribed in Articles 26, 27 and 28 of the Ordinance on
Handling Administrative Violations stipulated in this Decree under the
jurisdiction of the locality.
2.
The People’s Police shall base itself on the competence stipulated in
Article 29 of the Ordinance on Handling Administrative Violations to
sanction the violations stipulated in this Decree, except those
stipulated in Article 91 of this Decree.
3.
The specialized inspector of the inland water transport service shall
base himself on the competence stipulated in Article 34 of the Ordinance
on Handling Administrative Violations to handle violations of the
regulations on the protection of inland water transport projects;
violations concerning the registration and issue of permits to the
means, licenses and professional certificates to the crew when the means
is operating in the areas of the inland ports or landing stages;
violations concerning the designing, building, transformation, repair
and technical control of the means.
4.
In case the violation comes under the administrative sanction competence
of many agencies, the right to hand sanctions shall belong to the agency
which is the first to receive the dossier.
Article 100-
Sanctioning competence of the People’s Committee of various levels:
1.
The President of the People’s Committee of the commune, ward or township
has the right:
a)
To serve a warning;
b)
To fine up to 200,000 VND;
c)
To confiscate evidences and means used for the administrative violation
valued up to 500,000 VND;
d)
To force the offender to make compensation for damage up to 500,000 VND;
e)
To force the offender to restore the original state that has been
altered by the violation;
f)
To suspend the activities which cause pollution to the living
environment or the spread of epidemics or which disturb public order and
quietness.
2.
The President of the People’s Committee of the district, town or city
under the provinces has the right:
a)
To serve a warning;
b)
To fine up to 10,000,000 VND;
c)
To confiscate the material evidences and means used in the
administrative violation;
d)
To strip the offender of the right to use the permit according to his
competence; in case the permit is issued by a higher State agency, the
president of the People’s Committee of district level shall issue the
decision to stop the violation and propose the competent State agency to
revoke the permit;
e)
To force the offender to restore the original state which has been
altered by the administrative violation or to dismantle the construction
which has been illegally set up;
f)
To force the offender to pay compensation up to 1,000,000 VND for the
damage caused by the administrative violation.
g)
To force the offender to take measures to overcome the pollution of the
living environment or the spread of epidemics caused by the
administrative violation.
3.
The President of the People’s Committee of the province of city directly
under the central Government has the right:
a)
To serve a warning;
b)
To fine up to 100,000,000 VND;
c)
To strip the offender of the right to use the permit according to his
competence; in case the permit is issued by a higher State agency, the
President of the provincial People’s Committee shall issue a decision to
stop the violation and propose the competent State agency to revoke the
permit;
d)
To apply the forms of supplementary sanction and other measures
stipulated in Points c, e, f, g of Item 2 of this Article.
Article 101-
Sanctioning competence
of the People’s Police:
1.
A
member of the People’s Police on duty has the right:
a)
To serve a warning;
b)
To fine up to 100,000 VND
2.
The head of a traffic police team or station has the right:
a)
To serve a warning;
b)
To fine up to 200,000 VND;
c)
To force the offender to pay compensation up to 500,000 VND for the
damage caused by the administrative violation.
3.
The head of the ward police is entitled to use the forms of sanction
against administrative violations and other measures stipulated in
Points a, b, c, d, f, of Item 1, Article 100 of this Decree.
4.
The head of the district police has the right:
a)
To serve a warning;
b)
To fine up to 2,000,000 VND;
c)
To apply the forms of supplementary sanction and other measures
stipulated in Points c, d, e, f, g of Item 2, Article 100 of this
Decree.
5.
The head of the traffic and order police, the head of the fire
prevention and combat police, the head of the special police unit at the
central level, the head of the mobile police unit from company level
upward operating independently, the head of the border police
checkpoint, the head of a border police station has the right:
a)
To serve a warning;
b)
To fine up to 2,000,000 VND;
c)
To apply the forms of supplementary sanction and other measures
stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
6.
The Head of the Traffic Order Police Department and the Head of the
Police Department for Fire Prevention and Combat have the right:
a)
To serve a warning;
b)
To fine up to 20,000,000 VND;
c)
To apply the forms of supplementary sanction and other measures
stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
7.
The Director of the provincial police has the right:
a)
To serve a warning;
b)
To fine up to 20,000,000 VND;
c)
To apply the forms of supplementary sanction and other measures
stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
Article 102-
Sanctioning competence
of the specialized Inspector of the inland water transport service.
1.
The specialized Inspector of the inland water transport service on duty
has the right:
a)
To serve a warnings;
b)
To fine up to 200,000 VND;
c)
To confiscate material evidences and means used in the administrative
violation valued up to 500,000 VND;
d)
To force the offender to restore the original state which has been
altered by the administrative violation or to dismantle the illegal
construction;
e)
To force the offender to take measures to ensure navigation safety.
2.
The head of the agency entrusted with specialized inspection of inland
water transport at the provincial at level has the right:
a)
To serve a warning;
b)
To fine up to 10,000,000 VND;
c)
To apply forms of supplementary sanction and other measures stipulated
in Points c, d, e, f, g Item 2, Article 100 of this Decree.
3.
The Head of the agency exercising the function of specialized inspection
of inland waterways of ministerial level has the right:
a)
To serve a warning;
b)
To fine up to 20,000,000 VND;
c)
To apply the forms of supplementary sanction and other measures
stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
Article 103-
Procedure of sanctioning administrative violations:
The procedure
of sanctioning administrative violations shall have to comply with the
stipulations in Chapter VI of the Ordinance on Handling Administrative
Violations.
Article 104-
Forcible execution of
the decision on sanction against administrative violations.
1.
An individual or organization subject to a sanction on administrative
violation that does not willingly carry out the sanctioning decision
shall be forced to do so through the following measures:
a)
To have part of its salary or income or part of its bank account
deducted;
b)
To have part of its assets equivalent in value to the fine inventorized
for auction;
c)
To apply other forcible measures to enforce the sanctioning decision.
2.
The person competent to hand sanctions has the right to issue a decision
on forcible enforce the sanctioning decision.
3.
The People’s Police has the responsibility of carrying out the decision
on forcible enforcement of the decision of the People’s Committee of the
same level and coordinate with the other State agencies to organize the
carrying out of the decisions on forcible enforcement of these agencies
when requested.
4.
An individual or organization subject to forcible enforcement of a
decision to sanction an administrative violation has to bear all the
costs for the organization of the carrying out of the forcible measures.
Article 105-
Complaints and
denunciations:
1.
An individual or organization subject to sanction for administrative
violation or its legal representative has the right to complain against
the decision to sanction an administrative violation, the decision to
apply preventive measures and ensure the execution of the sanctioning
decision as stipulated in Article 87 and Article 88 of the Ordinance on
Handling Administrative Violations.
2.
All citizens have the right to denounce the administrative violations by
any individual or organization and the unlawful acts of the persons
having competence to hand sanctions against administrative violations to
the competent State agencies.
The settlement
of denunciations of the unlawful acts of the persons having competence
to hand sanctions on administrative violations shall comply with Article
90 of the Ordinance on Handling Administrative Violations.
CHAPTER VIII
IMPLEMENTATION PROVISIONS
Article 106-
This Decree takes
effect on the 1st on September 1996.
The earlier
regulations which are contrary to this Decree are now annulled.
Article 107-
The Ministers, the
Heads of the ministerial-level agencies, the Head of the agencies
attached to the Government shall, within the ambit of their functions
and tasks, have to guide and organize the implementation of this Decree.
The Presidents of the People’s Committees of the provinces and cities
directly under the Central Government shall base themselves on the
characteristics or their localities and their competence to formulate
the regulations and concrete plans for the implementation of this
Decree.
Article 108-
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 cities directly under the Central Government shall
have to implement this Decree.
On
behalf of the Government
The
Prime Minister
VO
VAN KIET
----------------------------------------------------
APPENDIX I: SIGNAL BANNERS
MEANINGS OF SET OF
SIGNAL BANNERS
Banner with letter
“A” : The ship is testing its engine or speed.
Banner with letter
“B” : The ship carries explosives or inflammables.
Banner with letter
“O” : Somebody has fallen into water, asks for
emergency help
Banner with letter “K”
: The control post enjoining the means for
inspection.
Green
banner : Asking traffic police onto the ship.
Banner with letters
“Q/L” : Persons or animals onboard have caught infectious disease.
Banner with letter
“N/C” : SOS.
|
