Circular No. 40/2018/TT-BGTVT dated June 29, 2018 of the Ministry of Transport providing for data collection and reporting on fuel oil consumption of Vietnamese-flagged ships

THE MINISTRY OF TRANSPORT

Circular No. 40/2018/TT-BGTVT dated June 29, 2018 of the Ministry of Transport providing for data collection and reporting on fuel oil consumption of Vietnamese-flagged ships

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

Pursuant to the Law on environmental protection dated June 23, 2014;

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

Pursuant to the Annex VI of the International Convention for the Prevention of Pollution from Ships adopted by the International Maritime Organization (IMO), as amended, (hereinafter referred to as “MARPOL Convention”);

At the request of Director of the Environment Department, and General Director of Vietnam Register;

Minister of Transport promulgates a Circular providing for data collection and reporting on fuel oil consumption of Vietnamese-flagged ships.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Circular provides regulations on data collection and reporting on fuel oil consumption of Vietnamese-flagged ships.

2. This Circular does not apply to ships serving national defense and security purposes.

Article 2. Subject of application

This Circular applies to organizations and individuals involved in collecting data and reporting on fuel oil consumption of Vietnamese-flagged ships (hereinafter referred to as “ships”).

Article 3. Interpretation of terms

For the purpose of this Circular, the terms below are construed as follows:

1. “calendar year” refers to a period of time from January 01 to the end of December 31 of a year.

2. “SEEMP” means the Ship Energy Efficiency Management Plan which is prepared according to Regulation 22 of MARPOL Annex VI.

Chapter II

DATA COLLECTION AND REPORTING ON SHIP FUEL OIL CONSUMPTION

Article 4. Ship fuel oil consumption data collection plan

1. The ship fuel oil consumption data collection plan (hereinafter referred to as “Data Collection Plan”) is made according to the Form No. 01 of the Appendix 2 enclosed herewith.

2. Data on ship fuel oil consumption shall be collected by adopting one of the methodologies specified in the Appendix 1 enclosed herewith.

3. With regard to any engine-propelled ship of 5,000 GT and above, engaged in international voyages, the Data Collection Plan must be specified in Part II of SEEMP.

Article 5. Reporting on ship fuel oil consumption data

1. As from the calendar year 2019 onwards, ship-owners are required to collect and submit reports on ship fuel oil consumption data in the calendar year via the Vietnam Register’s portal (www.vr.org.vn) by February 28 of the following year. To be specific:

a) With regard to any engine-propelled ships of 5,000 GT and above, engaged in international voyages: Reports are made according to the Form No. 02 of the Appendix 2 enclosed herewith.

b) With regard to other ships: Reports are made according to the Form No. 02 of the Appendix 2 enclosed herewith, excluding information concerning distance travelled, energy efficiency design index and ice class.

2. In case of change in ship-owner, the existing ship-owner is required to collect and submit report on the ship fuel oil consumption data for the period of calendar year during which the ship is still under the ownership of that ship-owner, made according to the form specified in Clause 1 of this Article, via the Vietnam Register’s portal (www.vr.org.vn) before completing procedures for change in ship-owner.

3. In case procedures for registration for a ship sailing under a foreign flag are carried out, the current ship-owner is required to collect and submit report on the ship fuel oil consumption data for the period of calendar year during which the ship still flies Vietnamese flag, made according to the form specified in Clause 1 of this Article, via the Vietnam Register’s portal (www.vr.org.vn) before completing such procedures for registration for a ship sailing under a foreign flag.

4. In case procedures for registration for a ship sailing under a foreign flag and procedures for change in the ship-owner are carried out at the same time, data collection and reporting on ship fuel oil consumption shall be performed in accordance with regulations in Clause 3 of this Article.

Chapter III

DATABASE MANAGEMENT AND REPORTING ON SHIP FUEL OIL CONSUMPTION DATA TO THE MINISTRY OF TRANSPORT AND THE INTERNATIONAL MARITIME ORGANIZATION (IMO)

Article 6. Rules for managing and operating ship fuel oil consumption database

1. The ship fuel oil consumption database must be managed and operated in accordance with regulations herein and relevant law regulations.

2. The ship fuel oil consumption database is operated to serve the purposes of assisting marine environment protection, prevention of air pollution and state management tasks performed by the Ministry of Transport.

3. Organizations and individuals that wish to use information from the ship fuel oil consumption database for the purposes defined in Clause 2 of this Article shall be provided by Vietnam Register with accounts for access to the database.

Article 7. Requirements regarding the ship fuel oil consumption database

1. The ship fuel oil consumption database is a collection of data, processed and stored electronically, from reports on ship fuel oil consumption data submitted by ship-owners to Vietnam Register; has a user interface which is suitable for collecting data through the Internet; and is capable of data extraction.

2. A ship fuel oil consumption database must be capable of storing data for a minimum period of 03 consecutive calendar years.

3. Safety and security of data on the ship fuel oil consumption database must be ensured.

Article 8. Verification of reports on ship fuel oil consumption data

1. Depending on the method employed for collecting data on fuel oil consumption of a ship, one of the following documents must be kept for serving the verification of report on the ship fuel oil consumption data:

a) The bunker delivery notes (for method using bunker delivery notes).

b) The log of flow meter which is used for measuring fuel oil flows on board the ship (for method using flow meters).

c) The summary of monitoring data (for method using bunker fuel oil tank monitoring on board).

2. Vietnam Register shall verify a report on ship fuel oil consumption data in the nearest statutory inspection of ship classification after the date on which Vietnam Register receives such report.

3. With regard to reports of any engine-propelled ships of 5,000 GT and above, engaged in international voyages, Vietnam Register must publicly announce such reports on ship fuel oil consumption data in conformity with Regulation 6 of MARPOL Annex VI.

Article 9. Reporting on ship fuel oil consumption data to Ministry of Transport and IMO

1. Vietnam Register shall submit reports on fuel oil consumption data of Vietnamese-flagged ships to the Ministry of Transport in accordance with regulations in the Circular No. 48/2017/TT-BGTVT dated December 13, 2017 by the Ministry of Transport.

2. Vietnam Register shall submit reports on fuel oil consumption data of engine-propelled ships of 5,000 GT and above, engaged in international voyages, to IMO’s fuel oil consumption database in conformity with Part 9 Regulation 22A of MARPOL Annex VI.

Chapter IV

RESPONSIBILITY OF RELEVANT ORGANIZATIONS, INDIVIDUALS AND REGULATORY AUTHORITIES

Article 10. Responsibility of ship-owners

1. Collect data on fuel oil consumption of ships under their management and submit reports thereof to Vietnam Register in accordance with regulations herein.

2. Keep documents and evidences of the ship fuel oil consumption as specified in Clause 1 Article 8 herein for a minimum period of three (03) years in order to serve the inspection and control by regulatory authorities as regulated.

3. Update SEEMPs for engine-propelled ships of 5,000 GT and above, engaged in international voyages, and submit the updated SEEMPs to Vietnam Register for review according to Part 4.5 Regulation 5 of MARPOL Annex VI.

Article 11. Responsibility of shipmasters

1. Provide accurate information concerning the ship fuel oil consumption to the ship-owner according to the Data Collection Plan.

2. Keep documents and evidences of the ship fuel oil consumption as specified in Clause 1 Article 8 herein for a minimum period of three (03) years in order to serve the inspection and control by regulatory authorities as regulated.

Article 12. Responsibility of maritime administrations

Inspect the compliance with regulations herein by ships operating within the port waters under their management.

Article 13. Responsibility of Vietnam Register

1. Establish and manage the ship fuel oil consumption database in a manner to meet the database management, operation and reporting requirements.

2. Organize the operation of the ship fuel oil consumption database to serve the purposes of assisting marine environment protection, prevention of air pollution and state management tasks performed by the Ministry of Transport.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14. Effect

This Circular takes effect on August 15, 2018.

Article 15. Implementation organization

1. Chief of the Ministry s Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry of Transport, General Director of Vietnam Register, Director of Vietnam Maritime Administration, heads of relevant agencies/units affiliated to the Ministry of Transport, and relevant organizations and individuals shall implement this Circular.

2. If international treaties and legislative documents referred to in this Circular are amended or replaced, the new ones shall prevail.

For the Minister

The Deputy Minister

Nguyen Van Cong

 * All Appendices are not translated herein.