Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Ministry of Transport on maintaining the maritime works

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Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Ministry of Transport on maintaining the maritime works
Issuing body: Ministry of TransportEffective date:
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Official number:52/2017/TT-BGTVTSigner:Nguyen Van Cong
Type:CircularExpiry date:
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Issuing date:29/12/2017Effect status:
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Fields:Navigation , Transport

SUMMARY

Enforce to monitor wharves, breakwaters

On 29, 2017, the Ministry of Transport issued the Circular No. 52/2017/TT-BGTVT on maintaining the maritime works with such of contents:

List of maritime works/parts that must be monitored include: Wharves, lighthouses, beacons, breakwaters, drift dikes, embankments, special class and class I works used for building new ships and repairing ships; Maritime works having signs of subsidence, cracking, incline and other threats. The monitoring of these maritime works includes the following contents: Location and date of monitoring, monitoring indicators and their limits (for example, deformation, subsidence, incline, cracking, sagging, etc.), monitoring time, frequency and other necessary information.

A maritime work maintenance plan on an annual basis or according to the planning period includes: Work maintenance; Periodic repair; Unscheduled repair. Within that, an annual maritime work maintenance plan shall be formulated and submit to the Vietnam Maritime Administration before May 30.

With regards to the maritime works owned by multiple proprietors, the owner of the maritime work parts shall maintain their own parts and shared parts of such works. When the owner leases out a maritime work to an organization or individual or authorizes an organization or individual to manage and use a maritime work, the responsibility for the maintenance must be included in an agreement.

This Circular takes effect on March 01, 2018.

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Effect status: Known

THE MINISTRY OF TRANSPORT 

Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Ministry of Transport on maintaining the maritime works

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

Pursuant to the Law on Construction dated June 18, 2014;

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

Pursuant to the Government’s Decree No. 58/2017/ND-CP on guidelines for some articles of the Vietnam Maritime Code on management of maritime operations;

Pursuant to the Government’s Decree No. 46/2015/ND-CP on control of quality and maintenance of construction works;

At the request of the Director of the Department of Transport Infrastructure,

The Minister of Transport promulgates a Circular on maritime work’s maintenance;

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subjects of application

1. This Circular provides for maritime work’s maintenance. Regarding the maritime works used for the purpose of national defense and security, regulations of the Ministry of National Defense and Ministry of Public Security shall be complied with.

2. This Circular applies to organizations and individuals related to maritime work’s maintenance within Vietnam’s territory.

Article 2. Definitions

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

1. “Maritime works” include ports; wharves; floating terminals; transshipment areas, storm shelters; coastal communication systems; works used for building new ships and repairing ships: floating docks, locks and other ship raising-lowering works (building berth, beam, syncrolift); navigational channels; lighthouses; beacons; ferry terminals; ports and wharves at islands; special purpose ports, works constructed on sea (floating terminals, hydro-pneumatic dikes, multi-function floating ports); vessel traffic service (VTS); breakwaters; drift dikes; embankments.

2. “Investor” means an organization or individual owning, borrowing capital or assigned to directly manage and use capital to construct maritime works.

3. “Manager, operator or user” means a person who manages, operates or uses a maritime work by the competent authority’s, investor’s or owner’s delegation or under a lease agreement.

4. “Maritime work maintenance” means a collection of activities aimed at ensuring and maintaining the applicability and safety of the work according to the engineering plan during the operation..  The maintenance of construction works may include one, some or all of the following activities: inspection, monitoring, quality assessment, maintenance and repair of works, excluding the activities that cause change to the functions and scope of the works.

5. “Maritime work maintenance process” means the regulations on procedures, contents and instructions on performing the tasks related to maritime work maintenance.

6. “Maritime work inspection” means the inspection carried out visually or with special purpose equipment to evaluate the condition of a maritime work to detect signs of its damage.

7. “Maritime work monitoring” means the supervision, survey and recording of the geometrical change, the deformation, the movement and other technical parameters of maritime works and the surrounding environment.

8. “Inspection of maritime work quality” means the inspection and assessment of quality or causes for problems, value, useful life and other technical parameters of a work or a work part through the monitoring and experiment associating with calculation and analysis.

9. “Servicing of a maritime work” means the periodic activities (supervision, caring, and repair of minor damages or maintenance of equipment installed into a work) carried out to maintain applicability and safety of the work and minimize damages.

10. “Repair of a maritime work” means the implementation of remedial measures for damages found during the operation and use to maintain applicability and safety of the work.

11. “Design life of a work” (design life expectancy) means the period of time during which the work is expected to be used, ensuring the requirements for safety and functions.  The design life of the work is specified in relevant technical standards, applicable criteria and construction engineering plan of the work.

12. “Actual life of a work” (actual life expectancy) means the period of time during which the work is actually used, ensuring the requirements for safety and functions.

Chapter II

RESPONSIBILITY AND REQUIREMENTS FOR MARITIME WORK’S MAINTENANCE

Article 3. Procedures for maritime work’s maintenance

1. Establish and approve the maritime work maintenance process.

2. Formulate a plan and make an estimate of expenses for maritime work’s maintenance.

3. Carry out the maintenance and manage the quality of maintenance task.

4. Assess the bearing capacity safety and operational safety in operation of the maritime work.

5. Prepare and manage the documents about maritime work maintenance.

Article 4. Responsibility for maritime work’s maintenance

1. Regarding the maritime work owned by sole proprietor:

a) The manager, operator and user shall maintain the state-owned maritime works;

b) The investor and project enterprise shall maintain public–private partnership maritime works during use under the project contract. After the expiry of the project contract, the person designated to manage and operate the works by the investor and/or project enterprise shall continue to maintain the works.

c) The owner or the manager/operator/users shall maintain the maritime works other than those specified in Points a and b, Clause 1 of this Article.

2. Regarding the maritime works owned by multiple proprietors: the owner of the maritime work parts shall maintain their own parts and shared parts of such works. The responsibilities for maintenance of the shared parts of maritime works shall be assigned in accordance with relevant regulations of law or negotiated by owners or authorized persons in writing or sale, purchase or lease agreement.

3. In the event the maritime work has been put into operation but has yet to be transferred to the owner or the manager/operator/user, the investor shall maintain such work.

4. Regarding the maritime work whose owner is unidentified, the manager, operator or user thereof shall maintain such works.

5. When the owner leases out a maritime work to an organization or individual or authorizes an organization or individual to manage and use a maritime work, the responsibility for the maintenance must be included in an agreement.

Article 5. Requirements for maritime work’s maintenance

1. After being completely constructed, upgraded, renovated and repaired, the maritime work shall be commissioned, transferred, managed and maintained. The maintenance shall begin from the day on which the owner, manager, operator or user signs the commissioning record on opening of a maritime work.

2. The maritime work maintenance shall be carried out according to regulations of this Circular, maintenance process, technical regulations, socio - technical norms for management and maritime work’s maintenance and relevant regulations of law.

3. Maritime work maintenance process:

a) The maritime work maintenance process shall be established, assessed, approved and adjusted as prescribed in Article 38 of the Decree No. 46/2015/ND-CP;

b) The investor shall transfer documents serving maritime work maintenance to the owner or the authorized person before transferring and putting the work into use;

c) Regarding the maritime work that is put into operation without the approved maintenance process, the owner or the manager/operator/user of the work shall establish, approve, complete the construction maintenance process before December 31, 2018 and submit it to the Vietnam Maritime Administration.  If necessary, an inspection of maritime work quality may be carried out to form the basis for the establishment of maritime work maintenance process. The remaining useful life of the work shall be clearly specified in the maintenance process;

d) Regarding temporary maritime works (the works constructed for the purpose of construction of main works), it is not required to establish a maritime work maintenance process but the investor or the authorized person shall still maintain such works in accordance with regulations of this Circular and Decree No. 46/2015/ND-CP.

4. The Vietnam Maritime Administration shall review, instruct and request the owner or the authorized person to establish the process for maritime work’s maintenances that are being operated without the maintenance process.
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