Circular No. 14/2013/TT-BGTVT dated July 05, 2013 of the Ministry of Transport promulgating navy construction’s maintenance

THE MINISTRY OF TRANSPORT

Circular No. 14/2013/TT-BGTVT dated July 05, 2013 of the Ministry of Transport promulgating navy construction’s maintenance

Pursuant to the Code on Navy dated June 14, 2005;

Pursuant to the Law on Construction dated November 26, 2003;

Pursuant to the Decree No. 107/2012/ND-CP dated December 20th 2012 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to the Decree No. 21/2012/ND-CP dated March 21, 2012 of the Government on management of seaports and navigable channels (hereinafter called the Decree No. 21/2012/ND-CP);

Pursuant to the Decree No. 114/2010/ND-CP dated December 06, 2010 of the Government on maintenance of construction works;

Pursuant to the Decree No. 15/2013/ND-CP dated February 6, 2013 of the Government on quality management of construction works;

Pursuant to the Decree No.12/2009/ND-CP dated February 12, 2009 of the Government on management of investment projects on the construction of works;

At the request of the Director of the Department of Transport Infrastructure and the Director of Vietnam Navy Administration;

The Ministry of Transport issues the Circular on navy construction’s maintenance;

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the navy construction’s maintenance. The Navy constructions serving National defense and security shall comply with the regulations of the Ministry of National Defense and the Ministry of Public Security.

2. This Circular is applicable to the organizations and individuals related to the navy construction’s maintenance within Vietnam’s territory.

Article 2. Interpretation of terms

1. Navy constructions include ports, harbors, wharves, docking buoys, water zones, waters, navigable channels, navy signs, lighthouses, coastal communication system, and ancillary constructions of ports and navigable channels, which are built or established in port waters and Vietnam’s territorial sea.

2. Investors are the owners of capital or the persons assigned to manage and use capital to make investment in the construction.

3. Maintenance is the all the works aiming at ensuring and maintaining the normal and safe operation of the constructions according to the design throughout their operation.

The maintenance may include one, some, or all of the following tasks: investigating, observing, quality assessment, maintenance, and repairs.

4. Maintenance process of navy constructions is the order, contents, and instructions on the navy construction’s maintenance.

5. Survey of navy constructions is the observation and measurement of specifications of the navy constructions according to the design during their operation.

6. Navy construction services are periodic activities (monitoring, caring, repairing minor damage, repairing equipment installed on the constructions) to maintain the normal operation of the navy constructions and minimize damage.

7. Repairing means fixing the damage of the constructions that are discovered during their operation in order to ensure their normal and safe operation.

8. Design life is the useful life of the construction calculated by the designer during the construction design.

9. Expired navy constructions are the constructions that have been operated for a period of time that is longer than their design life. The design life of a construction is determined in the design documents. Where the design documents of a construction are lost or do not specify its design life, the investor shall determine the life in accordance with the relevant technical regulations standards, or based on the lifespan of a similar construction at the same level.

10. The person in charge of maintenance is the construction owner, manager, or user that is authorized by the owner, or the user if the owner is not identifiable

Article 3. Contents of navy construction maintenance

1. Investigating navy constructions to find the signs of damage and determine the level of maintenance.

2. Surveying navy constructions.

3. Navy construction’s maintenance: frequent maintenance and periodic maintenance.

4. Assessing quality of navy constructions: every 05 years and unscheduled assessments.

5. Repairing navy constructions: periodic, unscheduled, minor, medium, and major repairs.

Article 4. Levels of navy construction’s maintenance

1. Servicing: carried out frequently or periodically to prevent damage of the parts of the navy construction.

2. Minor repairs: carried out when there is damage to some details of a part of a navy construction in order to restore the initial quality of those parts.

3. Medium repairs: carried out when there is damage or deterioration in some parts of a navy construction in order to restore the initial quality of those parts.

4. Major repairs: carried out when there is damage or deterioration in many parts of a navy construction in order to restore the initial quality of those parts.

Article 5. Documents for navy construction’s maintenance

1. The documents serving the maintenance of a navy construction include:

a) The as-built dossier of the navy construction (legal documents and quality control documents);

b) The logbook of the operation of the navy construction; the origins of the equipment installed on the navy construction;

c) The of maintenance process;

d) The documents about periodic investigations of the construction or parts of the construction during its operation;

dd) The technical standards of maintenance;

e) Other documents necessary for the maintenance.

2. The documents serving navy construction’s maintenance shall be kept and supplemented upon the changes in the navy constructions.

Article 6. Responsibilities of organizations and individuals related to the navy construction’s maintenance

1. Responsibility for navy construction’s maintenance within one owner:

a) For the navy constructions under the ownership of the State: the organizations and individuals assigned or hired by the State to manage or operate Navy constructions are responsible for their maintenance.

b) For the Navy constructions invested under BOT (Build—Operate – Transfer) or BTO (Build – Transfer – Operate) contracts, the project executers (the investors) are responsible for the maintenance throughout the duration of the BOT or BTO contracts. When the BOT or BTO contract expires, the organizations and individuals assigned to receive the construction from the owner shall be responsible for the maintenance.

c) For the navy constructions under other ownership, the owners of such constructions are responsible for the maintenance.

2. The responsibility for the navy construction’s maintenance with multiple owners: the owner of each part of the construction is responsible for the maintenance of their part, and responsible for the maintenance of the whole construction. The allocation of responsibility for the maintenance of common parts of the construction shall comply with relevant laws, agreed in writing by the owners, authorized persons, or specified in the sale or hire purchase contract.

3. When the owner leases out the navy construction authorized the management and use of the Navy construction to another organization or individual, the responsibility for the maintenance must be specified in writing.

Article 7. Requirements on navy construction’s maintenance

1. After a navy construction is finished, upgraded or repaired shall be assessed, handed over, and maintained. The maintenance shall begin from the day on which the owner or the manager signs the assessment records to put the navy construction into operation.

2. The navy construction’s maintenance shall be carried out in accordance with this Circular, the maintenance procedure, technical regulations and standards about navy construction’s maintenance and relevant laws.

3. Procedure for navy construction’s maintenance:

a) The formulating, assessment, approval, and adjustment of regulations on maintenance shall comply with Article 6, Article 7, and Article 8 of the Decree No. 114/2010/ND-CP. Vietnam Navy Administration shall examine and adjust the regulations on the maintenance of the Navy constructions invested by the Ministry of Transport.

b) The investor is responsible for providing documents serving the maintenance for the owner or the authorized person before putting the construction into operation.

c) For the operating navy constructions that do not have any maintenance procedure:

- For the temporary navy constructions that do not require a maintenance procedure, the owners or the authorized persons still have to carry out maintenance in accordance with this Circular and the Decree No. 114/2010/ND-CP.

- For other constructions, the owners or authorized persons shall carry out the maintenance in the below order:

+ Survey, investigate, and assess the construction quality;

+ Establish a maintenance procedure;

+ Repair the damage (if any);

+ Carry out maintenance in accordance with this Circular and the Decree No. 114/2010/ND-CP.

- The owner or the authorized person shall immediately check the condition of the construction, establish and approve the construction maintenance procedure, and send reports to a specialized authority according to Clause 4 of this Article.

4. The agencies below are responsible for checking, providing guidance, and request the construction owners or authorized persons to establish maintenance procedure for the constructions that operate operating without maintenance procedure:

a) Vietnam Navy Administration is responsible for the navy constructions in the special class, first class, or the constructions that may cause catastrophic accidents according to the law on construction quality control.

b) Provincial People’s Committees are responsible for local navy construction in the second class.

Article 8. Making, approving, and implementing plans for navy construction’s maintenance under the management of the Ministry of Transport 

1. Vietnam Navy Administration shall formulate annual and mid-term (5-year) plans, estimate budget for navy construction’s maintenance, and submit them to the Ministry of Transport for approval.

2. The plans for navy construction’s maintenance must be based on the data, reports, and recommendations from units, reflect practical requirements and condition of the navy constructions, conformable with the maintenance procedure.

3. The plan for navy construction’s maintenance must specify: name of the construction and items; units, workload, and cost; duration; method, and priority. The constructions and items that are first priority (very necessary) must have description. The form for maintenance plan is provide in the Appendix to this Circular.

4. The annual and 5-year plans for navy construction’s maintenance include:

a) For frequent maintenance:

- Based on the commencement date of the navy construction, the use and actual operation of the construction, the frequent maintenance shall be enhanced in order to prevent and repair minor damage of its parts to improve the quality, avoid subsequent damage, and ensure its lifespan.

- The budget shall be estimated to suit the navy construction’s maintenance. The prices and estimates shall be based on current prices. Where the prices are not available or not suitable, Vietnam Navy Administration shall make a new price list and request the Ministry of Transport or competent authorities to approve.

b) For periodic repairs:

- Examine the condition of the navy constructions, the deterioration of parts and structures to suggest repairs or replacements in order to restore the original quality of the construction, ensure its normal and safe operation.

- The order shall comply with the regulations on management of investments in construction and other relevant regulations.

- The management of investment in construction shall comply with current regulations.

c) For unscheduled repairs of navy constructions:

- The annual plan for navy construction’s maintenance: enumerate the navy constructions and items that have been repaired and the budgets approved by competent authorities.

- The 5-year plans for navy construction’s maintenance: 10% of budget provision.

d) For the expired navy constructions that fail to meet the requirements, Vietnam Navy Administration and operating units shall request the Ministry of Transport to consider approving the upgrade from fundamental capital without using the budget for maintenance.

5. Procedure for approving annual plans for navy construction’s maintenance:

a) Vietnam Navy Administration shall make the plan and estimate budget for the navy construction’s maintenance, and submit them to the Ministry of Transport before June 15.

b) The Ministry of Transport shall verify and approve the plan and budget estimate before July 15; integrate the plan and budget estimate into the annual budget estimate of the Ministry of Transport, and submit it to the Ministry of Finance before August 30.

c) Based on the decision on State budget of the Ministry of Finance, the Ministry of Transport shall notify the estimate of budget to Vietnam Navy Administration and the operating units, including the budget from navy construction’s maintenance.

d) Vietnam Navy Administration shall review the list of urgent projects, items and constructions; take responsibility for the making of plan and budget estimates; and submit it to the Ministry of Transport within 15 days from the day on which the notification in Point c of this Clause is received.

dd) The Ministry of Transport shall assess and approve the plan and budget estimate, and allocate budget to Vietnam Navy Administration.

6. The procedure for approving mid-term plan for navy construction’s maintenance:

a) Vietnam Navy Administration shall make the plan and estimate budget for the navy construction’s maintenance, then submit them to the Ministry of Transport before June 15 of the next year.

b) The Ministry of Transport shall approve the plan and budget estimate, plan the budget allocation, adjust the plan for navy construction’s maintenance to suit the practice.

7. Implementing the plan for navy construction’s maintenance that was approved

a) The annual plan for navy construction’s maintenance is the basis for Vietnam Navy Administration and the operating unit to implement. Vietnam Navy Administration shall approve the estimate of budget for navy construction’s maintenance according to Article 22 and Article 23 of the Decree No. 114/2010/ND-CP.

b) The plan for navy construction’s maintenance shall be adjusted as follows:

- Vietnam Navy Administration and the operating unit shall carry out investigations and send reports to the Ministry of Transport  on the constructions or items at risk of accidents or unsafe constructions that need urgent rectification.

- Goods owners Vietnam and the operating unit shall request the Ministry of Transport to approve the unplanned expenses.

8. Managing and investigating the plan for navy construction’s maintenance that was approved

a) The Ministry of Transport shall plan the annual, unscheduled investigation plan and organize the implementation.

b) Vietnam Navy Administration and the operating unit shall organize the management and investigate the implementation of approved plans, send quarterly reports (before the 22nd of the last month of each quarter) and annual reports (before January 15 of the next year) on the results of the maintenance plans to the Ministry of Transport.

c) The reports must specify the names of constructions and items; the workload and expense; finishing date, adjustments and unexpected issues; assessment of the result; suggestions and recommendations during the navy construction’s maintenance.  The report forms are provided in the Appendix to this Circular.

Article 9. Making, approving, and implementing plans for navy construction’s maintenance under the management of other Ministries, organizations and individuals

1. Owners of navy constructions or the persons authorized to make, approve, and implement the plans for frequent, mid-term, and long-term navy construction’s maintenance shall comply with Article 10 of the Decree No. 114/2010/ND-CP, this Circular, and other relevant laws.

2. Owners of navy constructions or authorized persons shall send the approval records and the plan for navy construction’s maintenance to the Ministry of Transport.

Article 10. Navy constructions and parts of navy constructions that need surveying in operations

1. The survey of the navy constructions below are compulsory:

a) Wharves, ports, lighthouses, seawalls, sand walls, communications systems (radio towers) in special class and first class;

b) The navy constructions that are subsided, cracked, tilted, or at risk of collapse.

2. Other parts of navy constructions that need surveying is the main bearing structure of the construction that may lead to collapse if it is damaged.

3. The survey position, survey figures, and limits of those figures such as deformation, tilt, subsidence, crack, etc; the survey duration, number of measurement cycles and other necessary information shall be decided by the designer of the navy construction.

4. General requirements of navy construction survey during operation:

a) The survey must be carried out in accordance with the survey plan made by the surveying contractor and approved by the person in charge of maintenance.

b) The survey plan must specify the measurement methods, instruments, the positions of marks, the implementation, the processing of measurements, and other necessary information.

c) The surveying contractor shall send the person in charge of maintenance reports on the survey result. The survey figures must be compared to the limits imposed by the designing contractor and relevant regulations or standards.

If the survey figures reach the limits in Clause 2 of this Article or considered unusual, the person in charge of maintenance shall assess the safety and take appropriate measures.

d) The capacity of the organization or individual that carries out the survey must be equivalent to the capacity of the organization or individual in charge of construction survey or quality assessment.

Article 11. Regulations on the use of expired constructions

1. When a construction expires, the person in charge of maintenance shall:

a) Carry out investigation and assess the condition of the construction.

b) Repair any damage of the construction to ensure its function and safety before deciding to keep using the construction;

c) Decide to keep using the constructions in third class or forth class that do not cause catastrophic accidents according to the laws on construction quality control.

d) Send Vietnam Navy Administration reports on the result of construction assessment and repairs (if any) to decide the prolongation of expired navy constructions in second class or above, and of the constructions that may cause catastrophic accidents according to the Law on Construction Quality Control.

2. The reports on the result of construction assessment and repairs and recommendation about expired navy constructions:

a) The result of construction quality assessment;

b) Recommendations about the constructions with the options below:

- Keep using the construction or change its functions and repair it if necessary;

- Use part of the construction;

- Avoid using the construction;

- Stop using the entire construction.

c) Other relevant information.

Article 12. Procedure for prolongation approval of expired navy construction

1. The person in charge of navy construction’s maintenance shall send 01 application to Vietnam Navy Administration directly or by post. The application includes:

- A written request according to the Form No. 3 in the Appendix to this Circular.

- The report on the result of investigation, quality assessment, and repair of the construction.

- The documents showing the condition of the construction.

- The result for repairing any damage of the construction to ensure its function and safety before considering keeping using the construction;

- The construction and maintenance documents.

2. Vietnam Navy Administration shall:

a) If the application is submitted directly: issue a receipt and make an appointment if the application is sufficient, or return the application if it is not sufficient and instruct the applicant to supplement it.

b) If the application is sent by post: make a written request for the supplementation of the application within 05 working days from the day on which the application is received if it is not sufficient.

c) Within 30 working days from the day on which the sufficient application is received, Vietnam Navy Administration shall make a written approval for the prolongation of the expired navy construction; if the application is rejected, a written explanation must be sent to the person in charge of navy construction’s maintenance by post or directly at the Vietnam Navy Administration.

Article 13. Settlement for the unsafe navy constructions and parts

1. The unsafe constructions and parts are dangerous and at risk of collapse by the signs such as cracks, subsidence, tilt, etc. according to relevant technical regulations and standards.

2. When finding unsafe navy constructions, the person in charge of maintenance shall:

a) Investigate the construction or assess the quality of the construction;

b) Take safety measures such as: restricting the use of the construction, stopping the operation, evacuating people and assets (if necessary) to ensure the safety, and notify the following authorities:

- Vietnam Navy Administration, for navy constructions in second class or above and constructions that may cause catastrophic accidents according to the Laws on Construction Quality Control.

- Provincial People’s Committees, for other navy constructions locally.

c) Repair the damage that may affect the safety of the construction according to the law on urgent construction.

3. When the deterioration of a navy construction is discovered or reported which is unsafe, Vietnam Navy Administration or the provincial People’s Committee shall:

a) Carrying out investigation, make announcement, request and instruct the owner or authorized person to survey, assess the quality and danger, carry out repairs, or dismantle part or the whole construction (if necessary);

b) Take the safety measures in Point b Clause 2 of this Article when the owner or the authorized person fails to perform the tasks mentioned in Point a of this Clause.

c) Take action against the owner or the authorized person according to law when they fail to comply with the requests of the authorities in Point a and Point b of this Clause.

4. If the collapse of a navy construction is imminent, the person in charge of maintenance shall urgently evacuate all people from the construction and the adjacent constructions that may be affected, and send reports to Vietnam Navy Administration or the provincial People’s Committee for assistance in taking safety measures.

After receiving the report on imminent collapse of a construction, the Vietnam Navy Administration and provincial People’s Committee shall immediately take the following safety measures: stopping the operation of the construction, blocking the construction, and other necessary measures.

5. The owners and users of adjacent constructions shall take safety measures provided for in Clause 4 of this Article on request.

6. When an accident occurs during the operation of a construction, it shall be settled in accordance with the laws on construction quality control.

Article 14. Application of technical regulations, technical standards and limits in navy construction’s maintenance

1. For navy construction service:

a) The technical regulations, technical standards and limits imposed by competent authorities shall apply;

b) For the items that have no limits, the corresponding limits of other fields imposed by competent authorities shall apply.

2. For periodic and unscheduled repairs of navy constructions: the regulations on fundamental construction and relevant regulations of the State shall apply.

3. Vietnam Navy Administration shall provide guidance, supervise, investigate, monitor, and assess the application of technical regulations, technical standards, and limits to navy construction’s maintenance.

Article 15. Investigations on the navy construction’s maintenance

1. The Ministry of Transport shall cooperate with other organizations and individuals in investigating the navy construction’s maintenance in accordance with Article 17 of the Decree No. 114/2010/ND-CP and relevant laws.

2. Vietnam Navy Administration shall investigate:

a) The making and approval for the navy construction maintenance procedure according to the Decree No. 114/2010/ND-CP.

b) The compliance with regulations on construction maintenance of the owner or the authorized person according to Clause 2 Article 17 of the Decree No. 114/2010/ND-CP.

c) The compliance with regulations on construction maintenance of the owner or the authorized person according to Clause 1 Article 17 of the Decree No. 114/2010/ND-CP.

d) The implementation of Article 11 and Article 12 of this Circular when the constructions expired.

dd) The compulsory survey of constructions and parts of Navy constructions according to Article 10 of this Circular.

e) Other contents related to the implementation of the plans for navy construction’s maintenance in accordance with regulations of the Ministry of Transport or law.

3. Ministries, provincial People’s Committees, and competent authorities shall investigate the navy construction’s maintenance in accordance with Article 17 of the Decree No. 114/2010/ND-CP.

Article 16. Reports on navy construction’s maintenance

1. Vietnam Navy Administration and operating units under the management of the Ministry of Transport shall report the implementation of the plans for navy construction’s maintenance according to Clause 8 Article 8 of this Circular.

2. On the 31 of December at the latest, the owners or authorized persons shall send annual reports to the Ministry of Transport on the construction maintenance and the safety of navy constructions in second class or above and the constructions that may cause catastrophic accidents according to the laws on construction quality control.

Article 17. Maintenance quality control for the navy construction’s maintenance

The owners or authorized persons are responsible for controlling the maintenance quality according to the Government s Decree No. 15/2013/ND-CP dated February 06, 2013 on construction quality control, the Government s Decree No. 12/2009/ND-CP dated February 12, 2009 on construction investment management, the Government s Decree No. 83/2009/ND-CP dated October 15, 2009 on the amendments to  the Decree No. 12/2009/ND-CP, the Decree No. 114/2010/ND-CP, and relevant laws.

Article 18. Budget for the navy construction’s maintenance

1. The determination of expenditures on navy construction’s maintenance shall comply with the guidance of the Ministry of Construction, the Ministry of Finance, and current laws.

2. The estimate of budget for annual maintenance, the management, use, and accounting of budget for navy construction’s maintenance shall comply with the Law on State budget, the Decree No. 114/2010/ND-CP, the Decree No. 112/2009/ND-CP dated December 14, 2009 on construction cost management, and relevant laws.

Article 19. Implementation effect

1. This Circular takes effect on September 01, 2013.

2. An Appendix attached Circular includes 03 forms for reports and applications.

Article 20. Implementation organization

1. Chief of the Ministry Office, the Chief Investigators of Ministries, the Directors of Departments, the Director of Vietnam Navy Administration, heads of relevant organizations and individuals concerned are responsible for the implementation of this Circular.

2. Organizations and individuals are recommended to report the difficulties that arise during the implementation to the Ministry of Transport for consideration and settlement./.

The Minister of Transport

Dinh La Thang

* All appendices are not translated herein.