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

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’SMAINTENANCE

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.

Article 6. Documents serving maritime work maintenance

1. Documents serving maritime work maintenance include:

a) A decision on approval for maritime work project and feasibility study report or economic - technical report;

b) Survey objectives and maritime work surveying reports;

c) Engineering documents certified by the investor (enclosed with a list of drawings) and revisions to the design during construction;

d) As-built drawings (enclosed with the list of drawings);

dd) Results of monitoring, measurement and inspection of work quality, the bearing capacity of work structure (if any) during construction, list of equipment, components and reserved materials and other relevant documents;

e) A profile of the equipment installed into the maritime work;

g) Operation and maintenance manuals;

h) Maritime work incident records (if any);

i) The investor’s records on commissioning of construction works and work items prior to operation;

k) The construction authority’s written notifications of approval for commissioning of work items and construction works.

2. The investor shall transfer documents serving maritime work maintenance to the owner or the manager/operator/ user before transferring and putting the work into use.

3. The investor, owner or manager/operator/user shall retain documents serving maritime work maintenance and promptly supplement changes in maritime works.

Chapter III

FORMULATION, APPROVAL AND ORGANIZATION OF IMPLEMENTATION OF MARITIME WORK MAINTENANCE PLAN

Article 7. Formulation, approval and organization of implementation of the plan for maritime work’s maintenance under the management of the Ministry of Transport

1. The owner or the manager/operator/user shall formulate an annual maritime work maintenance plan (or a maintenance plan according to the planning period at the request of a competent authority) on the basis of the approved maritime work maintenance process and current condition of the work.

2. The Vietnam Maritime Administration shall consolidate, formulate a plan and make an estimate of expenses for maritime work’s maintenance on an annual basis or according to the planning period, and submit them to the Ministry of Transport for approval.

3. The maritime work maintenance plan shall be formulated according to the data, reports and proposals from units, accurately reflects practical requirements and condition of the maritime work in conformity with the maintenance process in respect of regular maintenance and periodic repair (navigational channels and anchorages shall be dredged and maintained).

4. A maritime work maintenance plan includes the following basic contents: name of the work and work items (tasks) to be performed; units, workload, and expenses for task performance; duration of task performance; method for task performance and priority.  Regarding the works and item works to which first priority is given (very necessary), a description is required.  Regarding unscheduled repair, the maintenance plan shall only specify provision for such repair. The maintenance plan is formulated using the Form No. 01 provided in the Appendix enclosed herewith.

5. A maritime work maintenance plan on an annual basis or according to the planning period includes:

a) Work maintenance;

b) Periodic repair;

c) Unscheduled repair.

6. Procedures for approving the annual maritime work maintenance plan shall be carried out as follows:

a) The manager, operator or user shall formulate an annual maritime work maintenance plan and submit it to the Vietnam Maritime Administration before May 30;

b) The Vietnam Maritime Administration shall consolidate, formulate a plan and make an estimate of expenses for maritime work’s maintenance and submit them to the Prime Minister before June 15;

c) The Ministry of Transport shall assess and approve the plan and expense estimate before July 15; aggregate the plan and expense estimate with the annual state budget estimate of the Ministry of Transport and submit it to the Ministry of Finance before August 30;

d) According to the decision on state budget of the Ministry of Finance, the Ministry of Transport shall submit the budget estimate to the Vietnam Maritime Administration, operator, manager and user;

dd) The Vietnam Maritime Administration shall review the list of urgent work items and works; formulate a plan and make an estimate of expenses for maritime work’s maintenance and submit them to the Ministry of Transport within 15 days from the day on which the budget estimate specified in Point d of this Clause is received;

e) The Ministry of Transport shall assess and approve the plan and expense estimate, and aggregate and assign the budget estimate to the Vietnam Maritime Administration within 15 days from the day on which the written request submitted by the Vietnam Maritime Administration is received.

7. Procedures for approving the maritime work maintenance plan according to the planning period at the request of the competent authority shall be carried out as follows:

a) The manager, operator or user shall formulate a maritime work maintenance plan according to the planning period and submit it to the Vietnam Maritime Administration;

b) The Vietnam Maritime Administration shall consolidate, formulate a plan and make an estimate of expenses for maritime work’s maintenance and submit it to the Ministry of Transport for approval.

8. Amendments to the maritime work maintenance plan shall be made according to the following rules:

a) The Ministry of Transport adjusts and amends the maritime work maintenance plan according to actual conditions and reports of the Vietnam Maritime Administration;

b) Regarding the works and work items posing the risk of accidents or causing dangerous accidents or unsafe works against which urgent actions must be taken or whose partial items must be adjusted, the Vietnam Maritime Administration takes remedial measures and requests the Ministry of Transport to adjust the maintenance plan;

c) Regarding the work and work item construction for which expenses arise out of the approved plan, the Vietnam Maritime Administration requests the Ministry of Transport to approve them before construction.

9. The annual maritime work maintenance plan approved by the Ministry of Transport shall serve as a basis for the implementation thereof by the manager, operator or user. Works and equipment shall be repaired as prescribed in Clause 4, Article 39 of the Decree No. 46/2015/ND-CP.

10. The approved maritime work maintenance plan shall be managed and inspected as follows:

a) The Vietnam Maritime Administration shall formulate and introduce annual or unscheduled inspection plans and inspect the implementation of the approved maritime work maintenance plan by units and submit periodic or unscheduled consolidated reports on implementation of the maintenance plan to the Ministry of Transport (before the 22nd of the last month of each quarter; before January 15 of the next year)

b) The reports shall specify the names of works and work items; workload and expenses; ending date, adjustments and unexpected issues; assessment of the implementation (according to the approved plan); suggestions during the maritime work’s maintenance. The reports shall be made using the Form No. 02 in the Appendix hereof.

Article 8. Formulation, approval and organization of implementation of the plan for maritime work’s maintenance under the management of ministries, local governments and other organizations and individuals

1. The owner of the maritime work or the person authorized shall organize the formulation, approval and implementation of the regular, mid-term, and long-term plans for maritime work maintenance as prescribed in Article 39 of the Decree No. 46/2015/ND-CP, regulations of this Circular and other relevant regulations of law.

2. When approving the maritime work maintenance plan as prescribed in Clause 1 of this Article, the maritime work owner or the authorized person shall submit the written approval and maintenance plan to the Vietnam Maritime Administration, which will submit them to the Ministry of Transport.

Article 9. Expenses for maritime work maintenance

1. Expenses for maritime work maintenance are covered by the following sources:

a) The state budget (the central government budget, local government budget) that is annually allocated, applicable to the project funded by state budget;

b) Collected amount of fees for use of the maritime work not funded by state budget;

c) Capital of the investor or owner, applicable to the maritime work used for business purpose;

d) Contributions from organizations and individuals;

dd) Other legal capital sources.

2. Expenses for maritime work maintenance shall be determined as prescribed in the Circular No. 03/2017/TT-BXD dated March 16, 2017 of the Ministry of Construction on guidelines for determination of expenses for maintenance of construction works and applicable regulations of law, including expenses for establishment or adjustments to economic - technical norms for maritime work maintenance.

2. The determination and approval for the expenses for formulation of annual maritime work maintenance plan, and expenses for management, use, payment and settlement of expenses for maritime work maintenance shall be made in accordance with regulations of the Law on State Budget, Decree No. 46/2015/ND-CP and relevant regulations of law.

Chapter IV

MARITIME WORK MAINTENANCE

Article 10. Carrying out maritime work maintenance

1. The qualified owner or manager/operator /user of the maritime work shall inspect, maintain and repair the maritime work on his/her own according to the approved maritime work maintenance process; otherwise, an eligible organization may be hired to perform such tasks.

2. The maritime work shall be inspected on a regular or unscheduled basis to promptly discover the signs of degradation or breakdowns of the work and equipment installed into the work to form a basis for maritime work maintenance.

3. The maritime work maintenance shall be carried out according to the approved annual maintenance plan and maintenance process.

4. Repair of maritime works includes the following tasks:

a) Periodic repair of a maritime work includes the repair of damages or replacement of damaged work parts or equipment installed into the work that is carried out periodically according to the regulations on maritime work maintenance process;

b) Unscheduled repair of a maritime work is carried out when a work/work part is damaged due to unexpected impacts such as wind, storm, flood, earthquake, shock, fire and other unexpected impacts or when a work/work part is found threatening the operational safety of the work.

5. Maritime work monitoring serving maintenance shall be carried out as prescribed in Article 11 of this Circular.

6. Maritime work quality inspection serving maintenance shall be carried out as prescribed in Article 13 of this Circular.

7. Regarding the work that is yet to be transferred to its owner or manager/operator/user, the investor shall formulate a maritime work maintenance plan and carry out maintenance according this Article and Article 39 of the Decree No. 46/2015/ND-CP.  The investor shall transfer documents serving maritime work maintenance to the owner or the manager/operator/user before transferring and putting the work into use.

Article 11. Monitoring of maritime works/parts during operation

1. Maritime works/parts that must be monitored include:

a) Wharves, lighthouses, beacons, breakwaters, drift dikes, embankments, special class and class I works used for building new ships and repairing ships;

c) Maritime works having signs of subsidence, cracking, incline and other threats.

2. The monitoring of maritime works specified in Clause 1 of this Article is set forth in the maintenance process and 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.

3. General requirements for monitoring of maritime works during operation:

a) Monitoring contractors shall formulate a monitoring plan according to Clause 2 of this Article which specifies monitoring measures, equipment, site layout plan and structure of monitoring milestones, monitoring organization, monitoring data processing methods and other necessary aspects and submit it to the person in charge of maritime work’s maintenance for approval;

b) The monitoring contractor shall carry out monitoring according to the approved monitoring methods and inform the person in charge of maintenance of the monitoring results and compare monitoring data with the limits set by the design contractor or relevant applicable technical standards and regulations.

If the value of a monitoring data specified in Clause 2 of this Article exceeds its permissible limit or any suspicious sign is shown, the person in charge of maintenance shall assess the bearing capacity safety and operational safety of the maritime work during its operation and take timely remedial measures.

c) Any organization carrying out monitoring shall obtain registration and shall be recognized as prescribed.

Article 12. Assessment of bearing capacity safety and operational safety of maritime works during operation

1. During operation, the special class and class I works, including wharves, lighthouses, beacons, breakwaters, drift dikes, embankments, works used for building new ships and repairing must undergo assessment of bearing capacity safety and operational safety.

2. The scope and frequency of assessment shall be prescribed in the technical regulations or approved maritime work maintenance process.

3. The assessment of bearing capacity safety and operational safety shall be carried out by qualified assessment authority.

Article 13. Inspection of maritime work quality

1. Maritime work quality shall be inspected in the following cases:

a) Periodic inspection is carried out according to the approved maritime work maintenance process;

c) A number of works/work parts are found threatening operational safety;

c) A request for assessment of current condition of the work in service of establishment of the process for maintenance of the works that are operated without maintenance process is made;

d) It is necessary to form a basis for the decision to extend the useful life of the work, applicable to the works whose design life expires or form a basis for the renovation of the work;

dd) A request is made by the construction authority.

2. An inspecting authority shall be selected as follows:

a) The inspecting authority shall meet qualification requirements for inspection and may publish their construction capacity information on the website as prescribed.  The person taking charge of inspection shall meet qualification requirements;

b) In the event the inspection is carried out at the request of the construction authority specified in Point d, Clause 1 of this Article, regulations of the Decree No. 46/2015/ND-CP shall be complied with.

3. The procedures for carrying out inspection at the request of the authority specified in Point b, Clause 2 of this Article are as follows:

a) The inspecting authority shall submit an inspection draft to the requesting authority for consideration and approval;

b) The investor, owner or manager/operator/user shall approve the draft and inspection expense estimate made by the assessment authority and conclude a contract in accordance with regulations of law;

c) The inspecting authority shall carry out the inspection according to the approved draft and submit an inspection report to the requesting authority and investor, owner or manager/operator/user.

d) The investor, owner or manager/operator/user and inspecting authority shall commission inspection results and complete the contract in accordance with regulations of the law on contracts for construction activities.

4. An inspection draft includes:

a) Inspection purposes and requirements, inspected entities and contents;

b) A list of technical regulations and standards to be applied;

c) Information on the capacity of the presiding person and individual charged with inspection; laboratories and inspection equipment (if any);

d) Procedures and methods of inspection;

dd) Inspection schedule;

e) Other requirements for inspection.

5. An inspection report includes:

a) Bases for inspection;

b) General information of the work and inspected entities;

c) Procedures for inspection and inspected items;

d) Results of experiments, calculation, analysis, monitoring and assessment;

dd) Conclusion, according to the approved draft and proposals (if any).

6. The inspection expenses shall be determined by making an estimate in accordance with regulations on management of construction expenses and other relevant regulations according to the workload specified in the assessment draft. Expenses for inspection include:

a) Expenses for survey of inspected entities;

b) Expenses for preparation of inspection draft and estimate, verification of the inspection draft and estimate;

c) Expenses for collection and study of inspection-related documents;

d) Expenses for experiments, calculation, analysis, monitoring and assessment;

dd) Travel expenses;

e) Expenses for preparation of inspection reports;

g) Other expenses necessary for the inspection.

Article 14. Maintenance quality control

The owner or the authorized person shall control maintenance quality according to Article 41 of the Decree No. 46/2015/ND-CP and other relevant regulations of law.

Chapter V

ACTIONS AGAINST UNSAFE MARITIME WORKS AND EXPIRED MARITIME WORKS DEMANDED TO BE USED

Article 15. Actions against maritime works/work parts are found threatening operational safety

1. The maritime works/work parts that threaten operational safety mean dangerous ones that are in danger of collapse and have signs of subsidence, incline, cracking, sagging or other threats at the safety limits prescribed in relevant technical regulations and standards.

2. If a maritime work/work item is found threatening operational safety, the owner or manger/operator/user shall perform the following tasks:

a) Re-inspect the work’s current conditions (if necessary);

b) Decide to take safety measures including restricting or suspending operation of the work, evacuating assets and users (if any) to ensure safety and immediately informing the nearest local government or local port authority;

c) Immediately repair any damage that potentially affects the operational safety of the work.

3. If a maritime work/work item is found degraded in respect of quality, thereby threatening operational safety of the work,  the local government or local port authority shall:

a) carry out inspection, inform, request and instruct the owner or the authorized person to conduct survey, quality assessment, risk level assessment, repair or dismantlement of work/work parts (if necessary);

b) decide to take safety measures specified in Point b, Clause 2 of this Article if the owner or the authorized person fails to do so on his/her own initiative;

c) take actions against the owner or the authorized person in accordance with regulations of law if he/she fails to comply with the competent authority’s requirements that are specified in Clause 2, Article 17 of this Circular.

4. In the event a maritime work that may be in danger of imminent collapse, the person in charge of maintenance shall evacuate  all people from such work and the adjacent works that may be affected and immediately inform the nearest local government or local port authority to be provided with assistance in taking safety measures.

After being informed of imminent collapse of a maritime work, local governments and port authority shall immediately take the following safety measures: suspending the operation of the work, blocking the work and other necessary measures.

5. The owner or the investor/manager/operator/user of the adjacent works shall take safety measures prescribed in Clause 4 of this Article upon request.

6. As an accident occurs during operation of a maritime work, actions against such accident shall be taken in accordance with regulations of the law on construction quality control.

7. All organizations and individuals may inform the owner or the manager, operator, user, competent authorities or communications authorities of the maritime work/work part that has problems or is found threatening operational safety.

Article 16. Actions against maritime works that are being operated but are yet to have their useful life determined

1. The owner or the manager/operator/user of the maritime work which is being operated but is yet to have its design life determined shall determine the remaining useful life of such work according to its actual life.

2. In case the design documentation of such maritime work is lost or the useful life is not mentioned therein, the owner or the manager/operator/user shall determine the remaining actual life of the work in accordance with the technical regulations and standards applied to such work or according to the determined useful life of the work of the same type and class.

3. After the determination of remaining actual life of the maritime work, the manager, operator or user shall inform the Vietnam Maritime Administration.

Article 17. Use of expired maritime works demanded to be used

1. When the useful life of a maritime work is expired, the owner or the manager/operator/user shall:

a) Carry out inspection and assessment of the work’s current condition;

b) Consolidate, renovate and repair damages (if any) to ensure the functions and safety before considering to keep using the work;

c) Decide to continue to use class III and IV works themselves after performing the tasks specified in Points a and b of this Clause on the basis of results of quality inspection and assessment by the specialized authority;

d) Report the result of quality inspection and assessment, result of work repair (if any) to the authorities specified in Clause 2 of this Article for consideration and approval for the extension of useful life of the work of class II or higher according to Article 45 of the Decree No. 46/2015/ND-CP.

2. Responsibilities for notification and power over actions against expired maritime works demanded to be used are as follows:

a) The Ministry of Transport is responsible for special class maritime works;

b) The People’s Committees of provinces are responsible for class I and II works within their area;

3. The useful life of work after extension shall be decided according to its technical condition, specific requirements and type and class of work.

4. An expired maritime work is not kept operating in the following cases:

a) The owner or the manager/operator/user does not wish further operation;

b) The owner or the manager/operator/user has completed the tasks specified in Clause 1 of this Article but the work remains unsafe.

5. The owner or the manager/operator/user shall dismantle the work according to Clause 4 of this Article.

Chapter VI

MARITIME WORK MAINTENANCE INSPECTION AND REPORTING

Article 18. Inspection of maritime work maintenance

1. The Vietnam Maritime Administration shall formulate and introduce annual or unscheduled inspection plans and inspect the maritime work’s maintenance in respect of:

a) Establishment and approval for the maritime work maintenance process according to regulations of the Decree No. 46/2015/ND-CP and this Circular;

b) Compliance with maintenance-related regulations by the owner or the authorized person according to Article 53 of the Decree No. 46/2015/ND-CP and this Circular;

c) Compliance with reporting regime by the owner or the authorized person according to regulations of this Circular;

d) Monitoring of the works/work parts that must be monitored according to Article 11 of this Circular;

dd) Other aspects in relation to implementation of the maritime work maintenance plan in accordance with regulations of law or the Ministry of Transport.

2. Ministries, People’s Committees of provinces and competent authorities shall inspect maritime work maintenance as prescribed in Articles 53 and 54 of the Decree No. 46/2015/ND-CP.

Article 19. Reporting maritime work maintenance

1. Regarding the maritime works under the management of the Ministry of Transport, the Vietnam Maritime Administration and owners/managers/operators/users shall submit a report on implementation of maritime work maintenance plan as prescribed in Clause 10, Article 7 of this Circular.

2. Regarding the maritime work of class II or higher, the owner or the authorized person shall submit a report on maritime work maintenance and safety of the maritime work to the Vietnam Maritime Administration by December 31. The Vietnam Maritime Administration shall submit a consolidated report to the Ministry of Transport before January 15 of the succeeding year.

3. Regarding the maritime work of class III and IV, the owner or the authorized person shall submit a report on maritime work maintenance and safety of the maritime work to the Department of Transport of the area where the work is located by December 31. The Department of Transport shall submit a consolidated report to the People’s Committee of the province before January 15 of the succeeding year.

Chapter VII

IMPLEMENTATIONPROVISIONS

Article 20. Effect

1. This Circular takes effect on March 01, 2018 and replaces the Circular No. 14/2013/TT-BGTVT dated July 05, 2013 of the Minister of Transport on maritime work’s maintenance and Circular No. 59/2014/TT-BGTVT dated October 27, 2014 of the Ministry of Transport on assessment of quality of port infrastructure within seaport waters.

2. To attach with this Circular the Appendix including 02 Forms used for reporting maritime maintenance works.

3.  In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.

Article 21. Implementationresponsibility

1. Ministries, ministerial agencies, Governmental agencies, People’s Committees at all levels, heads of organizations and relevant individuals are responsible for the implementation of this Circular.

2. Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Transport./.

For the Minister

The Deputy Minister

Nguyen Van Cong

APPENDIX

LIST OF FORMS USED FOR REPORTING MARITIME WORK MAINTENANCE
(Attached with the Circular No. 52/2017/TT-BGTVT dated December 29, 2017 of the Ministry of Transport)

Form No. 1

Annual maritime work maintenance and management plan of year ………

Note:Column 8: specified the first priority level (very necessary); second priority (necessary).

Form No. 2

Report on maritime infrastructure maintenance and management plan of year ………