Circular No. 07/2018/TT-BGTVT dated February 07, 2018 of the Ministry of Transport on prescribing the inspection of seagoing ships

CIRCULAR

Prescribing the inspection of seagoing ships^[1]

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

Pursuant to the Government’s Decree No. 12/2017/ND-CP of February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration;

The Minister of Transport promulgates the Circular prescribing the inspection of seagoing ships (below referred to as ships).

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the inspection of the conditions on maritime safety, maritime security, maritime labor and environmental pollution prevention for foreign ships operating in the seaport waters of Vietnam.

Article 2. Subjects of application

1. This Circular applies to organizations and individuals involved in the inspection of foreign ships operating in the seaport waters of Vietnam.

2. This Circular does not apply to the inspection of Vietnamese ships.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Ship means a foreign ship.

2. Deficiency means that the non-conformity of technical conditions, the operation, a certificate, a dossier, the size of the manning and seafarers with the treaties on maritime safety, maritime security, maritime labor and environmental pollution prevention to which Vietnam is a contracting party, which is detected through the inspection of the ship.

3. Clear ground means any of the following specific grounds:

a/ A ship having no equipment or having equipment that operates not in accordance with relevant treaties to which Vietnam is a contracting party;

b/ A ship or its seafarers  possessing no certificate or possessing a certificate which has expired under relevant treaties to which Vietnam is a contracting party;

c/ A ship having no document required by relevant treaties to which Vietnam is a contracting party;

d/ A ship having a serious damaged structure or hull or a deficiency causing danger to its watertight integrity or stability;

dd/ A ship having a deficiency of equipment, thus affecting maritime safety, maritime security, maritime labor or environmental pollution prevention;

e/ Seafarers neither knowing nor carrying out necessary activities related to maritime safety, maritime security, maritime labor and environmental pollution prevention;

g/ Seafarers on board a ship unable to communicate with one another under the provisions of relevant treaties to which Vietnam is a contracting party;

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