THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No: 239/2000/TT-BGTVT | Hanoi, June 14, 2000 |
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No.92/1999/ND-CP OF SEPTEMBER 4, 1999 ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE MARITIME FIELD
Pursuant to Article 40 of the Government’s Decree No. 92/1999/ND-CP of September 4, 1999 on sanctions against administrative violations in the maritime field (hereafter referred to as Decree for short), the Ministry of Communications and Transport hereby provides detailed guidance for the uniform implementation of a number of Articles of the Decree as follows:
1. Ships mentioned in the Decree shall be construed as sea-going vessels, river vessels and all other waterway means of Vietnam as well as foreign vessels operating in the sea-port waters or other maritime areas of Vietnam.
2. The time-limit prescribed at Point e, Clause 2, Article 7 of the Decree is the time-limit stipulated in Article 13 of the Regulation on loading, unloading, delivery, receipt and preservation of cargo at Vietnam’s sea-ports, issued together with Decision No. 2106/QD-GTVT of August 23, 1997 of the Minister of Communications and Transport.
3. Ports or water areas not yet announced for ship’s calling or mooring mentioned in Clause 3, Article 7 of the Decree shall be construed as ports or water areas, which have not yet been announced in writing by the competent authorities for receipt of ships.
4. The permit for final port departure prescribed at Point a, Clause 5, Article 13 of the Decree shall be construed as the final port departure permit granted by competent authorities. For Vietnam’s commercial ports, such competent authorities shall be the maritime port authority and the inland waterway port authority.
5. Necessary warning signals or instructions at fire- or explosion-prone places mentioned at Point b, Clause 2, Article 15 of the Decree shall be construed as in compliance with relevant provisions of Vietnam’s current standards, the 1974 international Convention on human life safety in the sea as well as the amendments and supplements to the Convention, which are effective in Vietnam.
6. The diagram of fire-fighting system, the fire-fighting duty assignment tables and instructions on operation onboard ships, mentioned at Point c, Clause 2, Article 15 of the Decree shall be construed as in compliance with the relevant provisions of Vietnam’s current standards, the 1974 international Convention on human life safety in the sea and the amendments and supplements to the Convention, which are effective in Vietnam.
7. The fire-fighting equipment and devices as prescribed by Vietnamese laws mentioned at Point a, Clause 3, Article 15 of the Decree shall be construed as the regulations on the quantity and quality of fire prevention and fighting equipment and devices in conformity with the certificate on safety of equipment and devices as well as the list of equipment and devices aboard ships, granted by