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;

h/ Seafarers or the ship master giving wrong alerts which are not cancelled properly;

i/ A competent agency being notified of a ship’s failure to comply with the regulations on maritime safety, maritime security, maritime labor and environmental pollution prevention;

k/ A ship taking no actions to ensure maritime security.

4. Port state control officer means a civil servant or public employee of the Vietnam Maritime Administration who is granted a port state control officer’s card to inspect the conditions on maritime safety, maritime security, environmental pollution prevention and maritime labor on board foreign ships anchored in the seaport waters of Vietnam.

5. Detention of a ship means a port state control officer disallowing a ship to leave a port when he/she detects serious deficiencies of the ship as specified in Appendix 02 to this Circular and requests the ship master to rectify the deficiencies before the ship is allowed to leave the port.

6. Initial inspection means a port state control officer boarding a ship to inspect the overall condition, equipment, seafarers, certificates and relevant documents of the ship.

7. Detailed inspection means a port state control officer inspecting a ship upon obtaining clear grounds prescribed in Clause 3 of this Article.

8. Re-inspection means an inspection conducted after seafarers of a ship rectify the deficiencies detected by a port state control officer during the previous inspection to affirm that such deficiencies have been rectified.

9. Subsequent inspection means a port state control officer conducting an inspection to affirm the rectification of a ship’s deficiencies detected by a foreign port state control officer during the previous inspection.

10. Stoppage of inspection of a ship means a port state control officer stops inspecting a ship for the reason that during the detailed inspection he/she detects too many serious deficiencies of the ship’s overall condition, equipment and seafarers as specified in Appendix 02 to this Circular.

11. Non-convention ship means a ship having a tonnage or technical specifications below the ship standards prescribed in a relevant convention.

12. Substandard ship means a ship having its hull, machinery, equipment, operational process or seafarers below the standards prescribed in a relevant convention, which may be one or more of the following:

a/ Equipment being lacked as prescribed by the convention;

b/ Equipment being installed not in compliance with the convention;

c/ The ship or its equipment seeing serious breakdowns due to improper maintenance;

d/ Seafarers operating equipment not in compliance with the basic operational process;

dd/ The manning being unreasonable or seafarers possessing inappropriate certificates.

13. Recognized organization means an organization satisfying the conditions prescribed in Resolution A.739(18), amended by Resolution MSC.208(81), and authorized by the government of the state whose flag the ship flies to provide evaluation services and grant necessary certificates to ships flying the flag of that state.

14. Valid certificate means a certificate directly granted by a member state of a relevant convention or by a recognized organization, which satisfies the requirements of the relevant convention and complies with specific characteristics of the ship and its seafarers and equipment.

15. Tokyo MOU means the port state control organization in the Asia-Pacific region.

16. Asia-Pacific computerized information system (APCIS) means the Tokyo MOU’s system established to store, process and exchange ship inspection data.

Article 4. Principles of ship inspection

1. Ship inspection shall be conducted by at least two (2) port state control officers as assigned by the director of a maritime administration. The director may assign a person with appropriate professional qualifications to assist port state control officers.

2. When boarding a ship to conduct inspection, a port state control officer shall produce his/her port state control officer’s card to the ship master or watchkeeping seafarer.

3. During the ship inspection, a port state control officer shall avoid illegitimate delay or detention for the ship. The main purpose of the inspection is to prevent a ship from sailing if it fails to ensure maritime safety, maritime security or maritime labor or threatens to cause environmental pollution. The officer shall consider and decide to detain the ship until its deficiencies are rectified or may allow the ship to sail with certain deficiencies, depending on specific circumstances of each voyage.

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