Decision No. 2756/2002/QD-BGTVT dated August 29, 2002 of the Ministry of Transport issuing the regulation on marine-accident reporting and investigation

DECISION

ISSUING THE REGULATION ON MARINE-ACCIDENT REPORTING AND INVESTIGATION

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to Vietnam’s Maritime Code of July 12, 1990;

Pursuant to the Government’s Decree No. 22/CP of March 22, 1994 defining the tasks, powers, State management responsibilities and organizational structure of the Ministry of Communications and Transport;

At the proposal of the director of the Transport Legislation Department and the director of Vietnam National Maritime Bureau,

DECIDES:

Article 1.-To issue together with the Decision the Regulation on marine-accident reporting and investigation.

Article 2.-The director of Vietnam National Maritime Bureau shall have to popularize, and organize the implementation of, the provisions of this Regulation.

Article 3.-This Decision takes effect as from October 1, 2002, replaces Decision No. 39/QD-PC of January 3, 1974 of the Minister of Communications and Transport issuing the Regulation on investigation of and reporting on accidents of sea-going vessels, and annul the provisions related to the regime of reporting and statistics on sea traffic accidents in Decision No. 1071/QD-PC of June 26, 1981 of the Minister of Communications and Transport, issuing the regime of reporting and statistics on traffic accidents.

Article 4.-The director of the Ministry’s Office, the director of the Transport Legislation Department, the director of Vietnam National Maritime Bureau, the heads of the advisory departments and divisions of the Ministry, ship owners, concerned agencies, organizations and individuals shall have to implement this Decision.

REGULATION

ON MARINE-ACCIDENT REPORTING AND INVESTIGATION
(Issued together with Decision No. 2756/2002/QD-BGTVT of August 29, 2002 of the Minister of Communications and Transport)

Chapter I

GENERAL PROVISIONS

Article 1.-Regulation purposes

This Regulation specifies the reporting on and investigation of marine accidents, aiming to enhance the effectiveness of the State management over maritime safety.

Article 2.-Scope of application

1. The provisions of this Regulation shall apply to the following accidents:

a/ All accidents related to Vietnamese sea-going ships;

b/ Accidents related to foreign sea-going ships operating within Vietnam’s waters;

c/ Accidents of other waterway means operating within the seaports waters and navigable zones.

2. The provisions of this Regulation shall not apply to accidents occurring to the armed forces sea-going vessels exclusively used for military and security or order protection purposes provided that such accidents cause no harm to maritime safety and the environment.

Article 3.-Responsibility to coordinate the investigation of marine accidents

Ship owners, masters, officers and crew members, the concerned agencies and units shall have to coordinate with one another in, and create favorable conditions for, the investigation of marine accidents.

Article 4.-Interpretation of terms:

1. Marine incidents means abnormal events occurring in the course of operation of sea-going ships and likely to cause danger to man, ships, architectural works or the environment.

2. Marine accident means one or more than one marine incident which cause one of the following consequences:

a/ People are dead, missed or suffer from health damage;

b/ Ships are sunk, missed or suffer from material damage due to collision, clash, stranding, fire, explosion, broken structure, machinery and essential technical equipment;

c/ The environment is polluted, underwater and floating works and equipment are damaged, or the passage of sea-going ships is congested.

3. Particularly serious marine accidents means accidents causing one of the following damages:

a/ Causing the death or missing of three or more persons;

b/ Inflicting injury or health damage to more than 10 persons, with the infirmity rate of between 31% and 60% for each of them;

c/ Inflicting injury or health damage to at least 6 persons, with the infirmity rate of 61% or more fpreach;

d/ Causing property and/or material damage with the expenses for the repair, towage, lifting and/or removal of sunk means; or the expenses for the repair of damaged underwater or floating works; or the expenses for settling congested passage of sea-going ships valuing at over VND 1 billion;

e/ Congesting the principal passage into a seaport for over 72 hours;

f/ Causing simultaneously damage to human life and health as well as property falling in from 2 to 4 cases specified in Clause 4 of this Article;

4. Serious marine accidents means accidents causing one of the following damages:

a/ Causing the death or missing of between one and three persons;

b/ Inflicting injury or health damage to between 5 and 10 persons, with the infirmity rate of between 31% and 60% for each;

c/ Inflicting injury or health damage to between 3 and 5 persons, with the infirmity rate of 61% or more for each ;

d/ Causing property and/or material damage with the expenses for the repair, towage, lifting and/or removal of sunk means; or the expenses for the repair of damaged underwater or floating works; or the expenses for settling congested passage of sea-going ships, valuing at between VND five hundred million and VND 1 billion;

e/ Congesting the principal passage into a seaport for between 24 hours and 72 hours;

5. Less serious marine accidents means those cases not prescribed in Clauses 3 and 4 of this Article.

6. Investigation of marine accidents means the determination of conditions, circumstances, causes or causal possibilities of marine accidents with a view to taking effective measures to prevent and limit similar accidents.

7. Marine-accident investigators means maritime port authority officials possessing necessary professional qualifications and capability as well as legal knowledge, who are appointed by the directors of maritime port authorities; in special cases, investigators shall be decided by competent State bodies.

8. Initial information on accidents means information about ships or victims, activities of ships before and during their voyages hit by accidents, conditions and circumstances right before the occurrence of accidents

Chapter II

REPORTING AND STATISTICS ON MARINE ACCIDENTS

Article 5.-Reporting on marine accidents

Reports on marine accidents include urgent reports, detailed reports and periodical reports made according to the forms attached to this Regulation. The contents of reports on marine accidents must be truthful, accurate and submitted on time; in special cases, the time limit for sending reports shall be considered and decided by maritime port authorities or Vietnam National Maritime Bureau.

Article 6.-Urgent reports

1. Where accidents occur within Vietnam’s sea waters:

a/ Masters of sea-going ships or the persons with the highest responsibility on board the waterway means must make and send urgent reports to the nearest maritime port authority.

If, for some reason, the above-mentioned persons cannot make urgent reports, the ship owners, the means owners or the agents of the ships in distress shall have to make such reports.

b/ The maritime port authorities that receive urgent reports or are informed of the occurrence of accidents shall have to promptly forward urgent reports or information on the accidents to the following agencies and units:

- Vietnam National Maritime Bureau;

- Vietnam Maritime Safety Assurance, if accidents cause damage to or disfunction maritime aid equipment;

- Agencies and organizations that manage and operate works, equipment if accidents cause damage to or loss of these works and equipment;

- The Science, Technology and Environment Services and the Aquatic Resource Services of the provinces or centrally-run cities, if accidents cause or are likely to cause environmental incidents, or cause damage to aquatic resources.

2. Where accidents occur to Vietnamese sea-going ships operating outside Vietnam’s waters, the shipmasters must make reports at the requests of the coastal states and send urgent reports to Vietnam National Maritime Bureau within 24 hours after the occurrence of accidents.

If accidents are particularly serious, the shipmasters or ship owners must report them to the Vietnamese embassies (consulates) or other diplomatic missions based in the foreign countries in question for support.

3. Urgent reports may be sent by telegraph, fax, telex or e-mail.

Where accidents occur within the seaports waters or navigable zones in Vietnam, the shipmasters may urgently report them via VHF or the ship’s telephone to the watch-keeping maritime port authority officials but must still report such in writing afterwards.

4. For particularly serious marine accidents, after receiving urgent reports thereon, Vietnam National Maritime Bureau must immediately report them to the Ministry of Communications and Transport.

5. Urgent reports shall be made according to Form No. 1, issued together with this Regulation.

Article 7.-Detailed reports

1. After making urgent reports, the masters of sea-going ships must make detailed reports according to Form No. 2, issued together with this Regulation.

2. Depending on the location of accidents, the shipmasters must make reports as follows:

a/ If accidents occur within the seaports waters or navigable zones of Vietnam, detailed reports must be sent to the maritime port authorities responsible for the specialized State management over the maritime service at the relevant seaports or navigable zones within 24 hours after the occurrence of accidents.

b/ If accidents occur outside the seaports waters or navigable zones of Vietnam but within the country’s waters and, after the occurrence of accidents, the ships are anchored or moored in the Vietnamese seaports waters, detailed reports must be addressed to the maritime port authorities responsible for the specialized State management over the maritime service at the seaports or navigable zones in question within 24 hours from the moment the ships arrive at the anchoring or mooring positions.

c/ Where, after the occurrence of accidents, the ships are not anchored or do not moor in the waters of one of Vietnamese seaports, detailed reports must be addressed to Vietnam National Maritime Bureau within 48 hours from the moment the ships arrive at the first port of call after the occurrence of accidents.

d/ If accidents occur to Vietnam’s sea-going ships operating outside Vietnam’s waters, detailed reports must be addressed to Vietnam National Maritime Bureau within 48 hours from the moment the ships arrive at the first port of call after the occurrence of accidents.

Article 8.-Periodical reports

Periodical reports must be made on all marine accidents occuring within Vietnam’s waters and all accidents related to Vietnamese sea-going ships according to the following provisions:

1. Vietnamese ship owners must keep books to monitor and update regularly marine accidents occurring to their fleets according to Form No. 3 issued together with this Regulation.

Quarterly, Vietnamese ship owners must report in writing to Vietnam National Maritime Bureau on accidents occurring to their fleets. The deadline for sending a quarterly report is the 10th day of the first month of the subsequent quarter.

2. Maritime port authorities must keep books to monitor and update regularly marine accidents occurring in the areas under their respective responsibility as well as marine accidents investigated by themselves according to Form No. 3 issued together with this Regulation.

Quarterly, maritime port authorities must report in writing to Vietnam National Maritime Bureau on the above-said accidents. The deadline for maritime port authorities to send quarterly reports is as specified in Clause 1 of this Article.

3. Quarterly and annually, Vietnam National Maritime Bureau must report in writing to the Ministry of Communications and Transport on marine accidents occurring within Vietnam’s waters and accidents of Vietnamese sea-going ships according to Form No. 4 issued together with this Regulation.

The deadline for sending of a quarterly report is the 15th day of the first month of the subsequent quarter and for sending an annual report is January 20 of the subsequent year.

4. The Vietnamese ship owners and maritime port authorities must promptly analyze and evaluate the causes of marine accidents so as to take measures to prevent and limit similar accidents to their fleets or in the areas under their respective responsibility.

Chapter III

INVESTIGATION OF MARINE ACCIDENTS

Article 9.-Requirements for investigation of marine accidents

Marine accidents specified in Clause 1, Article 2 of this Regulation must be investigated according to regulations and in a timely, comprehensive and objective manner.

Article 10.-Responsibility to investigate marine accidents

1. The directors of maritime port authorities shall have to organize the investigation of marine accidents occurring in the areas under their respective responsibility as well as of other marine accidents assigned by Vietnam National Maritime Bureau or competent authorities.

2. Depending on the complexity of marine accidents, the directors of maritime port authorities shall decide on the number of officials to participate in investigating marine accidents, which must be at least two professionally qualified officials.

3. When necessary, the Minister of Communications and Transport or the director of Vietnam National Maritime Bureau shall decide to set up marine accident investigation teams.

Article 11.-Time limit for investigation of marine accidents

1. For marine accidents stated in Clause 2.a, Article 7, the investigation time limit shall be 30 days as from the date of occurrence of the accidents.

2. For marine accidents stated in Clauses 2.b and 2.c, Article 7, the investigation time limit shall be 30 days as from the date the ships arrive at the first port of call in Vietnam after the occurrence of the accidents.

3. For marine accidents stated in Clause 2.d, Article 7, the investigation time limit and scope shall be decided by the director of Vietnam National Maritime Bureau.

4. In complicated cases where the investigation of marine accidents cannot be completed within the above-mentioned time limit, the directors of maritime port authorities must promptly report such in writing to the director of Vietnam National Maritime Bureau for consideration and decision.

Article 12.-Tasks and powers of marine accident investigators

1. Making plans on investigation of marine accidents;

2. Having the right to request:

a/ The parties involved in the accidents to take measures to keep the accident scene intact;

b/ People involved in the accidents to report in writing what they know about the conditions, circumstances and happening of the accidents and the subjects related thereto. When it is necessary to question these people, investigators must inform them in advance of the time and place therefor.

c/ The shipmasters to supply the copies of the maritime log book, engine log book, bell log book, radio log book, course-recording diagram, sea-charts of the area where the ships got accidents and other necessary data on the ships and equipment on board.

d/ The concerned agencies and organizations such as the agency in charge of technical management and supervision of the ships, shipowners, ship agents, coastal communication stations, the Center for coordination in maritime search and rescue, the Center for control of the system of monitoring the navigation of sea-going ships (VTS), Maritime Safety Assurance, Maritime Pilotage organization and other related agencies and organizations to supply information necessary for the marine-accident investigation;

3. Visiting the accident scene and embarking on the ships to check the scene, examining the working positions and collecting items necessary for the investigation work. These tasks must be performed to the witness of and with certification by competent persons on board, and without affecting the safe operation of the ships;

4. Checking or copying dossiers and papers of administrative registration, registry, insurance and technical issues of the ships as well as related equipment; diplomas and professional certificates of crew members to serve the evaluation of the technical conditions of related equipment as well as the seaworthiness of the ships before the voyage and right before the occurrence of accidents;

5. Using sound recorders, cameras and video recorders in the investigation process, when necessary;

6. Reporting in writing on the accident-investigating process to the directors of maritime port authorities or the heads of the agencies which have assigned them to investigate marine accidents.

Article 13.-Investigation of marine accidents

1. Immediately after receiving urgent reports prescribed in Article 6 of this Regulation or any information regardless of its source on the accidents occurring within the areas under their respective responsibility, the directors of maritime port authorities must verify such information before proceeding with the marine-accident investigation.

2. The marine-accident investigation shall be conducted in the following order:

a/ Appointing officials to take charge of the investigation and officials to support the investigation work;

b/ Gathering initial information on the accidents;

c/ Adopting the investigation plans proposed by the officials in charge of the investigation;

d/ Visiting the accident scenes, embarking on the ships to inspect on spot damages caused and traces left by the accidents so as to determine and collect necessary evidences (documents and objects);

e/ Questioning people involved in the accidents and the witnesses;

f/ Synthetizing the collected information; and, if deeming it necessary, conducting additional inspection and questioning so as to further clarify any doubts.

g/ Based on the current law provisions on maritime safety, analyzing the collected information, including the results of expertise of items and traces related to the accidents.

3. For marine accidents which are investigated by other agencies according to their functions, the directors of maritime port authorities must still order the investigation thereof according to this Regulation.

4. In case of necessity, the directors of maritime port authorities may sign contracts with experts knowledgeable of maritime operations or expertising agencies, laboratories to give advice on a specialized field, expertise and analyze items related to the accidents.

Article 14.-Accident investigation conclusions

1. The contents of the written accident investigation conclusions include:

a/ Conclusions on the conditions and circumstances of occurrence of accidents; violations, factors or possibilities constituting the accidents causes. These conclusions must be legally grounded with valid evidences;

b/ Measures or proposed measures on the prevention and limitation of similar accidents;

c/ Administrative handling measures under the competence of the directors of maritime port authorities or proposed handling measures to competent authorities for consideration and decision against acts of violations beyond their handling competence.

2. One copy of the written accident investigation conclusions must be sent to each of the involved parties, one copy to Vietnam National Maritime Bureau not later than the expiry date of the accident investigation time limit. For particularly serious accidents, the written accident investigation conclusions must be also sent to the Ministry of Communications and Transport.

Copies of the written accident investigation conclusions may be issued to individuals or other legal entities directly involved in the accidents if they so request in writing the maritime port authorities.

Article 15.-Complaints and settlement thereof

1. If the ship owners or the managers of works and equipment which are damaged by marine accidents disagree with the conclusions on acts of violation and accident causes stated in the written accident investigation conclusions (hereinafter collectively called the complainants), within 30 days after receiving such written conclusions (according to the arrival postmark), they must send written complaints to the directors of maritime port authorities.

Within 10 days after receiving the written complaints, the directors of maritime port authorities must process them and notify in writing the complainants thereof. In case of refusal to process, they must clearly state the reasons therefor. The time limit for the directors of maritime port authority to settle complaints shall be 30 days as from the date of receipt of written complaints; for complicated cases, this time limit may be prolonged but must not exceed 45 days as from the date of receipt of written complaints.

The director of Vietnam National Maritime Bureau shall have to direct, inspect and urge the complaint settlement by the port authority directors.

2. If the complainants disagree with the complaint-settling decisions of the directors of maritime port authorities, within 30 days after the date of receipt thereof, they shall be entitled to lodge complaints with the director of Vietnam National Maritime Bureau. In this case, the complaints must send together with their written complaints the copies of the complaint-settling decisions of the directors of maritime port authorities and materials related to their complaints.

Within 10 days after receiving the written complaints, the director of Vietnam National Maritime Bureau must process them and notify in writing the complainants as well as the directors of maritime port authorities who have settled the complaints thereof; In case of refusal to process, he/she must clearly state the reasons therefor. The time limit for the director of Vietnam National Maritime Bureau to settle complaints is 45 days as from the date of receipt of written complaints; for complicated cases, this time limit may be prolonged but must not exceed 60 days as from the date of receipt of written complaints.

3. If the complainants disagree with the complaint-settling decisions of the director of Vietnam National Maritime Bureau, within 30 days as from the date of receipt thereof the complainants shall be entitled to lodge complaints with the Minister of Communications and Transport. In this case, the complainants must send together with their written complaints the copies of the complaint-settling decisions of the director of Vietnam National Maritime Bureau.

The procedures and time limit for the Minister of Communications and Transport to process and settle complaints shall comply with the provisions in Clause 2 of this Article.