Circular No. 40/2016/TT-BGTVT dated December 7, 2016 of the Ministry of Transport on registration of Vietnam sea-going ships

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Circular No. 40/2016/TT-BGTVT dated December 7, 2016 of the Ministry of Transport on registration of Vietnam sea-going ships
Issuing body: Ministry of TransportEffective date:
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Official number:40/2016/TT-BGTVTSigner:Truong Quang Nghia
Type:CircularExpiry date:Updating
Issuing date:07/12/2016Effect status:
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Fields:Transport

SUMMARY

Assessment of ship designs

In accordance with the Circular No. 40/2016/TT-BGTVT dated December 07, 2016 of the Ministry of Transport  on registration of Vietnam sea-going ships, the ship design must comply with relevant national technical regulations on classification and construction of ships, tonnage measurement, ship safety equipment, lifting gear used on board, and ship pollution prevention systems.

Besides, with regard to ships operating in international routes, their ship manuals must also comply with international treaties applicable to ships in terms of maritime safety, security, labor and prevention of environment pollution to which the Socialist Republic of Vietnam is a member.

Types of inspection of ships include initial survey, including: technical-related examination and surveillance of new construction and import of ships; regular survey, including: periodical survey, intermediate survey, docking survey, annual survey and occasional survey. Contents and period of surveys of ships shall be consistent with national technical regulation on classification and construction of ships, tonnage measurement, ship safety equipment, lifting equipment used on board, the systems prevents pollution of ships and international treaties to which the Socialist Republic of Vietnam is a member.

This Circular takes effect on July 01, 2017.
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Effect status: Known

THE MINISTRY OF TRANSPORT

Circular No.40/2016/TT-BGTVT dated December 7, 2016 of the Ministry of Transport on registration of Vietnam sea-going ships

Pursuant to Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Product and goods quality dated November 21, 2007;

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

At the request of Director of the Department of Science and Technology and Director of the Vietnam Register;

The Minister of Transport promulgates a Circular on registration of Vietnam sea-going ships (hereinafter referred to as ships).

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Circular deals with registration of ships, duty ships, submarines and submersibles flying Vietnam’s flags.

2. Ships in service of national defense and security and fishing ships are not under scope of regulation of this Circular.

Article 2. Subject of application

This Circular applies to organizations and individuals in connection with registration of Vietnam ships.

Article 3. Interpretation of terms

For the purposes of this Circular, the terms below shall be construed as follows:

1. Company means the owner of the ship or any other organization who has assumed the duties and responsibility imposed by the International Safety Management Code (ISM) of International Maritime Organization (IMO).

2. Ship design means technical documents prepared in accordance with relevant national technical regulation and international treaties to which the Socialist Republic of Vietnam is a member for the purposes of new construction, conversion, repair, and operation of ships.

3. Ship manual mean a document prepared in accordance with national technical regulation and international treaties to which the Socialist Republic of Vietnam is a member containing guidelines for seafarers in operation of ships and machinery and equipment of ships meeting requirements for maritime safety, maritime security, conditions for maritime labor and pollution prevention in terms of ships.

4. Verification means verification of documents and physical verification for the purpose of verifying that the management system of verified entity is established and works in accordance with relevant regulations of Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

5. International route means the route of the ship from a port in Vietnam to foreign ports or vice versa, or between two foreign ports.

6. Ship survey means the inspection, measurement, testing of ships and equipment on board with a view to certify that ships comply with regulations of law, national technical regulation on classification and construction of ships, tonnage measurement, ship safety equipment, lifting gear used on board, the systems prevents pollution of ships and international treaties to which the Socialist Republic of Vietnam is a member and in conformity with ship’s purposes.

7. Appraisal of ship design means the inspection and review of ship design to publish findings on the conformity of the ship design with requirements of national technical regulation on classification and construction of ships, tonnage measurement, ship safety equipment, lifting equipment used on board, the systems prevents pollution of ships and international treaties to which the Socialist Republic of Vietnam is a member.

8. Approval for ship manual means the inspection and review to assert that the manual complies with regulations of law, national technical regulation and relevant international treaties to which the Socialist Republic of Vietnam is a member.

9. Container means a container defined in Clause 1 Article II of Container Safety Convention (CSS) 1972 of IMO.

Article 4. Contents of registration of ships

1. Approval for ship manuals.

2. Assessment of ship designs.

3. Inspection, classification, and issuance of technical certificates in terms of maritime safety and pollution prevention for ships with respect to new construction, conversion, restoration, import, and operation.

4. Verification and issuance of safety management certificates, maritime security certificate, and maritime labor certificates for ships as specified in ISM Code, ISPS Code, and Maritime Labor Convention 2006.

5. Technical verification to serve the purchase, sale, charter of ships, investigation of marine incidents and accidents as required by regulatory agencies or ship owners, insurance buyers or sellers, ship buyers, sellers, and charterers.

6. Inspection and certification of technical safety and environment pollution prevention in terms of containers, machinery, materials, equipment used in ships with respect to manufacturing, assembly, import, restoration, and conversion.

7. Verification and certification of facilities meeting conditions for new construction, conversion, and repair of ships; verification and certification of facilities provide testing and services of safety equipment testing and manufacturers in connection with technical safety and environment pollution prevention of ships.

8. Verification and issuance of documents of compliance to companies as prescribed in ISM Code.

9. Issuance of certificates of drill for company safety management officers and company security officers, ship security officers as specified in ISM Code and ISPS Code.

10. Issuance of welder certificates as prescribed in national technical regulation on classification and construction of ships.

Article 5. Types of surveys of ships

1. Types of inspection of ships include:

a) Initial survey, including: technical-related examination and surveillance of new construction and import of ships.

b) Regular survey, including: periodical survey, intermediate survey, docking survey, annual survey.

c) Occasional survey.

2. Contents and period of surveys of ships shall be consistent with national technical regulation on classification and construction of ships, tonnage measurement, ship safety equipment, lifting equipment used on board, the systems prevents pollution of ships and international treaties to which the Socialist Republic of Vietnam is a member.

Article 6. Registration documents issued to ships

1. A ship not operating in international routes shall be issued with registration documents in accordance with Vietnam’s law.

2. A ship operating international routes shall be issued with registration documents in accordance with Vietnam’s law and relevant international treaties to which the Socialist Republic of Vietnam is a member.

3. Registration documents issued to ships include:

a) Certificates prescribed by the Minister of Transport in terms of the list of certificates and documents of ships, duty ships, submarines, submersibles of Vietnam and relevant international treaties to which the Socialist Republic of Vietnam is a member.

b) Reports on survey of ships issued upon physical survey.

Article 7. Registration prices and fees

1. An entity requesting the Vietnam Register to provide one of registration services prescribed in Article 4 hereof shall pay a given amount of registration fee as prescribed.

2. An entity requesting a foreign recognized organization to carry out survey registration, classification and issuance of a certificate of technical safety and prevention of environment pollution for ships shall pay a given amount of registration price prescribed by such foreign registry.

Chapter II

APPROVAL FOR SHIP MANUALS, ASSESSMENT OF SHIP DESIGNS

Article 8. Approval for ship manuals

1. The ship manual must comply with relevant national technical regulations on classification and construction of ships, ship safety equipment, and ship pollution prevention systems. With regard to ships operating in international routes, their ship manuals must also comply with international treaties applicable to ships in terms of maritime safety, security, labor and prevention of environment pollution to which the Socialist Republic of Vietnam is a member.

2. An application for approval for ship manual includes:

a) 01 (one) application form using form No. 01 of Appendix issued herewith;

b) 03 (three) ship manuals.

3. The applicant shall submit 01 complete application to Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register shall make an appointment to give processing results.

5. Within 03 (three) working days, from the date on which the sufficient application is received, Vietnam Register shall carry out the verification of the ship manual. In case of unsatisfaction, it shall provide the applicant with a notification; in case of satisfaction, it shall bear the certification seal on the ship manual.

6. The applicant for approval for ship manual shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Article 9. Assessment of ship designs

1. The ship design must comply with relevant national technical regulations on classification and construction of ships, tonnage measurement, ship safety equipment, lifting gear used on board, and ship pollution prevention systems. With regard to ships operating in international routes, their ship manuals must also comply with international treaties applicable to ships in terms of maritime safety, security, labor and prevention of environment pollution to which the Socialist Republic of Vietnam is a member.

2. An application for appraisal of ship design includes:

a) 01 (one) application form using form No. 02 of Appendix issued herewith;

b) Ship design in triplicate.

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register shall make an appointment to give processing results.

5. Within 20 (twenty) days from the date on which the sufficient application is received or within an agreed period with respect to new or complicated ship design provided not exceeding 60 (sixty) days, Vietnam Register shall assess the ship design. If case of unsatisfaction, it shall provide the applicant with a notification, in case of satisfaction; it shall issue a ship design appraisal certificate and bear an appraisal seal in the ship design.

6. The applicant for appraisal of ship design shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Chapter III

SURVEY AND ISSUANCE OF REGISTRATION DOCUMENTS TO SHIPS

Article 10. Survey and issuance of registration documents to ships

1. A Vietnam ship issued with registration documents must comply with relevant national technical regulations on classification and construction of ships, tonnage measurement, ship safety equipment, lifting gear used on board, and ship pollution prevention systems. With regard to ships operating in international routes, their ship manuals must also comply with international treaties applicable to ships in terms of maritime safety, security, labor and prevention of environment pollution to which the Socialist Republic of Vietnam is a member.

2. An application for ship survey include: 01 (one) application form using form No. 03 of Appendix issued herewith;

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register and the applicant shall reach a consensus on the ship survey time at the place required by the applicant.

5. Vietnam Register shall carry out ship survey. In case of compliance, registration documents shall be issued within 02 working days from the completion of the initial survey or periodical survey and within 01 working day form the completion of the annual survey, docking survey, intermediate survey, or occasional survey. In case of non-compliance, it shall provide the application with a notification.

With regard to an imported ship, Vietnam Register shall issue a certification of technical state upon its compliance in the initial survey.

6. The applicant for ship survey shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Chapter IV

VERIFICATION AND ISSUANCE OF DOCUMENTS OF COMPLIANCE TO COMPANIES AND CERTIFICATES TO SHIPS IN ACCORDANCE WITH ISM CODE

Article 11. Verification and issuance of documents of compliance to companies in accordance with ISM Code

1. Safety management system of a company must comply with national technical regulation on safety management and pollution prevention in ship operation and ISM Code.

2. An application for audit of company including:

a) 01 (one) application form using form No. 04 of Appendix issued herewith;

b) 01 (one) set of safety management system document of company (in case of interim or initial audit)

c) 01 (one) copy of documents establishing ownership and bareboat management and charter and commitment to fulfill sufficient obligations and liability prescribed in ISM Code with regard to a company not being ship owner (in case of interim survey or initial survey).

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register and the applicant shall reach a consensus on the verification time at the company.

5. Vietnam Register shall verify the safety management system at the company. In case of conformity, a document of compliance (DOC) shall be issued or have validity as prescribed in ISM Code within 1 working day from the completion of verification; in case of nonconformity, it shall notify the applicant in writing.

6. The applicant for ship survey shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Article 12. Verification and issuance of safety management certificates to ships in accordance with ISM Code

1. Safety management system of a company must comply with national technical regulation on safety management and pollution prevention in ship operation and ISM Code.

2. An application for audit of company including:

a) 01 (one) application form using form No. 05 of Appendix issued herewith;

b) 01 (one) copy of documents establishing ownership and bareboat management and charter and commitment to fulfill sufficient obligations and liability prescribed in ISM Code with regard to a company not being ship owner (in case of issuance of temporary certificate or initial certificate).

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register and the applicant shall reach a consensus on the ship audit time at the place required by the applicant.

5. Vietnam Register shall verify the safety management system at the company. In case of conformity, a safety management certificate (SMC) shall be issued or have validity as prescribed in ISM Code within 1 working day from the completion of verification; in case of nonconformity, it shall notify the applicant in writing.

6. The applicant for audit of safety management system of the ship shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Chapter V

AUTHORIZING FOREIGN RECOGNIZED ORGANIZATION TO CARRY OUT SURVEY, CLASSIFICATION AND ISSUANCE OF TECHNICAL SAFETY AND ENVIRONMENT POLLUTION PREVENTION CERTIFICATES FOR VIETNAM SHIPS

Article 13. Rules for authorizing foreign recognized organization to carry out survey, classification and issuance of technical safety and environment pollution prevention certificates for Vietnam ships

1. The Minister of Transport shall assign Director of Vietnam Register to authorize foreign recognized organization to carry out survey, classification and issuance of technical safety and environment pollution prevention certificates for Vietnam ships operating in international routes.

2. A ship owner, upon its need, is entitled to request Director of Vietnam Register to authorize a foreign recognized organization to carry out survey, classification of Vietnam ships operating in international routes in accordance with rules and standards of such foreign recognized organization provided that requirements pertaining to technical safety and environment pollution prevention of these rules and standards do not below respective requirements of national technical regulation of Vietnam and relevant international treaties to which the Socialist Republic of Vietnam is a member.

3. The foreign recognized organization which is authorized must be compliant with the Code for Recognized Organization (RO Code) of IMO subject to Vietnam Register’s assessment and reach an agreement with the Vietnam Register according to the RO Code. Vietnam Register shall notify IMO of publishing list foreign recognized organizations which are authorized on its website.

4. The authorization of foreign recognized organization to carry out survey, classification and issuance of certificates to ships shall be conducted as follows:

a) Carry out survey and issue classification certificates according to rules of the authorized foreign recognized organization;

b) Carry out survey and issue technical safety and environment pollution prevention certificates in accordance with regulations of law and national technical regulation of Vietnam;

c) Carry out survey and issue technical safety and environment pollution prevention certificates in accordance with relevant international treaties to which the Socialist Republic of Vietnam is a member.

Article 14. Procedures for issuing letter of authorization to foreign recognized organization to carry out survey, classification and issuance of technical safety and environment pollution prevention certificates for ships

1. An application for authorization includes:

a) 01 (one) application form using form No. 06 of Appendix issued herewith;

b) 01 (one) certificate of registration of Vietnam ship with respect to registration for flying Vietnam’s flag initially (copy).

2. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

3. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register shall make an appointment to give processing results.

4. Vietnam Register shall verify application: in case of non-compliance, it shall notify the applicant; in case of compliance, it shall send a letter of authorization to a foreign recognized organization using Form No. 07 prescribed in Appendix issued herewith within 01 working day, from the receipt of satisfactory application.

5. The applicant for authorization shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Chapter VI

VERIFICATION AND CERTIFICATION OF FACILITIES PROVIDE TESTING AND SERVICES OF SAFETY EQUIPMENT TESTING AND MANUFACTURERS IN CONNECTION WITH TECHNICAL SAFETY AND ENVIRONMENT POLLUTION PREVENTION OF SHIPS

Article 15. Verification and certification of facilities provide testing and services of safety equipment testing and manufacturers in connection with technical safety and environment pollution prevention of ships

1. A facility provide testing and services of safety equipment testing or a manufacturer in connection with technical safety and environment pollution prevention of ships must comply with related national technical regulations on classification and construction of ships, protective equipment, lifting gear used on board, ship pollution prevention systems. The facility provide testing and services of safety equipment testing or a manufacturer in connection with technical safety and environment pollution prevention of ships operating in international routes shall also comply with international treaties on maritime safety, maritime security, maritime labor, and prevention of environment pollution to which the Socialist Republic of Vietnam is a member.

2. An application for certificate of eligibility includes:

a) 01 (one) application form using form No. 08 of Appendix issued herewith;

b) 01 (one) set of documents (copies) of quality manual and working regulations in accordance with national technical regulation, relevant international treaties to which the Socialist Republic of Vietnam is a member.

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register shall examine the application.

Within 03 (three) working days, from the date of receipt, in case of unsatisfactory application, Vietnam Register shall instruct the applicant to complete the application as prescribed; in case of satisfactory application, it shall make a reply in writing and reach an agreement on time of verification visit within 05 (five) days from the date of agreement.

5. Vietnam Register shall carry out a verification visit to the applicant’s premises. In case of conformity, Vietnam Register shall issue a certificate of eligibility as prescribed and publish a list of qualified facilities on its website within 01 (one) working day from the closing date of verification visit.

In case of non-conformity, Vietnam Register shall provide explanation in writing within 01 (one) working day from the closing date of verification visit.

6. The applicant for verification shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Chapter VII

SURVEY AND CERTIFICATION OF TECHNICAL SAFETY AND ENVIRONMENT POLLUTION PREVENTION IN TERMS OF CONTAINERS, MACHINERY, MATERIALS, EQUIPMENT USED IN SHIPS

Article 16. Survey and certification of technical safety and environment pollution prevention in terms of containers, machinery, materials, equipment used in ships

1. Containers, machinery, materials, equipment used in ships with respect to manufacturing, assembly, import, restoration, or conversion must comply with national technical regulations on container safety, classification and construction of ships, ship protective equipment, lifting gear used on board, ship pollution prevention systems. With regard to ships operating in international routes, their containers, machinery, materials, equipment must also comply with international treaties applicable to ships in terms of maritime safety, security, labor and prevention of environment pollution to which the Socialist Republic of Vietnam is a member.

2. An application for ship survey includes:

a) 01 (one) application form using form No. 09 of Appendix issued herewith;

b) 01 (one) set of technical documents (original), including specifications and reports on inspection or test of containers, machinery, materials, and equipment.

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register and the applicant shall reach a consensus on the survey time at the place required by the applicant.

5. Vietnam Register shall carry out ship survey at the place required by the applicant. In case of compliance, a certificate shall be issued within 03 (three) working days from the completion date; in case of non-compliance, it shall notify the applicant.

6. The applicant for ship survey shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Chapter VIII

ISSUANCE OF CERTIFICATES OF DRILL FOR COMPANY SAFETY MANAGEMENT OFFICERS AND WELDER CERTIFICATES

Article 17. Procedures for issuance of certificates of drill for company safety management officers

1. A holder of certificate of drill for company safety management officers must pass a course of drill for company safety management officers.

2. An application for issuance of certificate of drill for company safety management officers include:

a) 01 (one) application form using form No. 10 of Appendix issued herewith;

a) 01 color photo 4 x 6 cm size of the applicant for certificate of drill for company safety management officer taken within 06 months (with full name and date of birth in the back of the photo).

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register and the applicant shall reach a consensus on the time and place of drill.

5. Vietnam shall provide course of drill and administer final exam to the applicants for certificates of drill for company safety management officers. Within 03 (three) working days from the closing date of the course, Vietnam Register shall issue certificates to applicants with passed results.

6. The applicant for certificate of drill for company safety management officer shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Article 18. Procedures for issuance of welder certificates

1. A holder of welder certificate must comply with national technical regulation on classification and construction of ships.

2. An application for issuance of a welder certificate includes:

a) 01 (one) application form using form No. 11 of Appendix issued herewith;

a) 01 color photo 4 x 6 cm size of the applicant for welder certificate taken within 06 months (with full name and date of birth in the back of the photo).

3. The applicant shall submit 01 complete application to the Vietnam Register directly, by post or by any appropriate mean.

4. Vietnam Register shall receive and verify the application. In case of an insufficient application, the applicant shall be instructed to complete it within the working day (directly submitted application), or the applicant shall be instructed to complete within 02 working days from the date on which the application is received via the postal system or the appropriate mean. In case of a sufficient application, Vietnam Register and the applicant shall reach a consensus on the skill test time.

5. Vietnam Register shall hold a skill test at a place required by the applicant. Within 03 (three) working days from the date on which the skill test results are provided, Vietnam Register shall issue welder certificates to applicants with passed results.

6. The applicant for issuance of welder certificate shall receive processing results at the premises of Vietnam Register or via the postal system or other appropriate mean.

Chapter IX

REGISTRATION OF DUTY SHIPS, SUBMARINES, SUBMERSIBLES

Article 19. Contents of registration of duty ships, submarines, submersibles

1. Contents of registration of duty ships, submarines, submersibles consist of regulations in Clauses 1, 2, 3, 5, 6, 7 and Clause 10 Article 4 of this Circular.

2. The registration of duty ships, submarines, submersibles shall be carried out in accordance with Articles 5, 6, 7, 8, 9, 10, 13, 14, 15, 16 and 18 of this Circular.

Chapter X

IMPLEMENTATION ORGANIZATION

Article 20. Responsibilities of Vietnam Register

1. Perform function of a registry of Vietnam; organize a single registration system nationwide to carry out registration of ships as prescribed in this Circular.

2. Formulate and request the Minister of Transport to promulgate and implement national technical regulations on technical safety and environment pollution prevention, maritime safety, maritime security, maritime labor in connection with ships.

3. Formulate and request the Minister of Transport to promulgate standards of registrars, ship auditors, provide courses of drill, evaluation and certification of registrars, ship auditors as prescribed by the Minister of Transport.

4. Authorize, instruct, and inspect foreign recognized organizations to carry out survey, classification and issuance of technical safety and environment pollution prevention certificates for Vietnam ships operating in international routes.

5. Carry out registration of ships as prescribed in Clause 2 Article 1 hereof upon requests of competent authorities.

6. Initiate information technology in ship registration and manage related data, and send reports on performance of ship registration as prescribed.

Article 21. Responsibilities of authorized foreign recognized organizations

1. Carry out survey, classification and issuance of technical safety and environment pollution prevention certificates to ships in accordance with Vietnam’s law, relevant international treaties to which the Socialist Republic of Vietnam is a member and be responsible for results thereof.

2. Conduct communication and reporting as agreed with Vietnam Register.

3. Comply with other regulations of Vietnam’s law.

Article 22. Responsibilities of ship owners, facilities engaging in new construction, conversion, and repair of ships; verification and certification of facilities provide testing and services of safety equipment testing and manufacturers in connection with technical safety and environment pollution prevention of ships

1. Each ship owner shall comply with regulations on ship registration upon the new construction, conversion, and repair during its operation; ensure technical safety, maritime security, maritime labor and environment pollution prevention at intervals of survey in accordance with regulations of law and relevant international treaties to which the Socialist Republic of Vietnam is a member.

2. Facilities engaging in design, new construction, conversion, and repair of ships, facilities provide testing and services of safety equipment testing and manufacturers in connection with technical safety and environment pollution prevention of ships shall comply with regulations on registration of this Circular.

Chapter XI

IMPLEMENTATION PROVISION

Article 23. Effect

1. This Circular takes effect July 01, 2017.

2. To annul:

a) Decision No. 51/2005/QD-BGTVT dated October 12, 2005 of the Minister of Transport on promulgation of Regulation on registration of Vietnam sea-going ships.

b) Circular No. 32/2011/TT-BGTVT dated April 19, 2011 of the Minister of Transport on amendments to Regulation on registration of Vietnam sea-going ships issued together with Decision No. 51/2005/QD-BGTVT dated October 12, 2005 of the Minister of Transport.

Article 24. Implementation organization

Chief of the Ministry Office, the Ministerial Chief Inspector, Directors, Director of Vietnam Register, heads of units affiliated to the Ministry of Transport, relevant organizations and individuals shall implement this Circular./.

The Minister

Truong Quang Nghia

 

 

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