VietnameseDecree No. 40/CP dated July 05, 1996 of the Government on ensuring navigation order and safety on inland waterways
ATTRIBUTE
Decree No. 40/CP dated July 05, 1996 of the Government on ensuring navigation order and safety on inland waterways
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 40/CP | Signer: | Vo Van Kiet |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 05/07/1996 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Public order , Transport |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
No. 40-CP | Hanoi ,July 05 1996 |
DECREE
ON ENSURING NAVIGATION ORDER AND SAFETY ON INLAND WATERWAYS
THE GOVERNMENT
- Pursuant to the Law on Organization of the Government of September 30, 1992;
- Pursuant to the Ordinance of December 2, 1994 on the Protection of Communication Projects;
- Pursuant to the Ordinance of January 28, 1989 on the People’s Police and the Ordinance of July 6, 1995 amending Article 6 of the Ordinance on the Vietnam Police Force;
- Pursuant to the Ordinance of January 28, 1989 on the People’s Police and the Ordinance of July 6, 1995 amending Article 6 of the Ordinance on the Vietnam Police Force;
- Pursuant to the Ordinance of July 6, 1995 on the Handling of Administrative Violations;
- At the proposals of the Minister of Communications and Transport, the Minister of the Interior and the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
1. This Decree provides for navigation order and safety on inland waterways aimed at ensuring safety for human lives and means and properties of the State and of the people.
2. The persons and means taking part in navigation and using navigation projects on inland waterways shall have to strictly observe the regulations of this Decree.
3. The persons and means operating in the first sea port water area of a river and the sea lanes which have received public permission of entry and exit by the competent authority do not come under the regulation of this Decree.
4. If the inland waterway coincides with the national border between Vietnam and another country, the concerned persons and means shall have to observe, apart from the regulations of this Decree, the clauses of the border agreement which Vietnam has signed with that country.
Article 2.- All State agencies, economic organizations, social organizations, armed units and all individuals shall have to strictly observe the provisions of the legislation on navigation order and safety on inland waterways.
All foreign organizations and individuals operating and/or residing on Vietnamese territory shall have to strictly observe all provisions of the legislation on navigation order and safety on inland waterways.
Article 3.- The State agencies shall coordinate with the Vietnam Fatherland Front and its member organizations to popularize the regulations on navigation order and safety on inland waterways and educate and motivate the population to implement them.
Article 4.-
1. All acts which violate navigation order and safety on inland waterways must be handled in strict conformity with law.
2. The persons on duty of ensuring navigation order and safety on inland waterways who fail in their duty, who hassle other people or cause other obstacles shall, depending on the extent of the offense, be subject to discipline or examined for penal liability.
Article 5.- The terminologies used in this Decree shall be construed as follows:
1. The inland waterways include the navigable waterways on rivers, canals, small canals, river-mouths, lakes, gulf shore, seashore, ways leading to offshore islands, ways linking islands within the internal waters of the Socialist Republic of Vietnam.
2. The inland water navigation projects comprise the following:
The access ways for ships and boats, waterlocks, jetties, dams (except irrigation jetties and dams), ports, landing stages, storage yards, signal buoys and auxiliary and support equipment commonly called navigation projects in this Decree.
3. Obstacle is an object either created by nature or erected by man which affects inland water navigation and transport.
4. Special-use port (or landing stage) is one for loading and unloading commodities and materials in service of production chains which has no function of goods handling business.
5. The sea water area and the inland water port include: the water front of a port or landing stage, the docking area, the transshipment area and the access way from the waterfront to the shipping lane which are commonly referred to as port water area in this Decree.
6. Broad access is an access way with a width larger than or equal to five times the length of the means of transport at the place where this means is operating.
7. Narrow access is an access with a lane smaller than five times the length of the means at the place where the means is operating.
8. Inland navigation means (means for short) include:
a/ Motorized or non-motorized ships and boats;
b/ Rafts;
c/ Floating structures used for navigation and transport or for service business on the inland waterways.
9. Docking is the state in which the means lies immobile thanks to an anchor or other mooring devices.
10. Dinghy is a small boat used to transport passengers and goods propelled by oar, sail, tug rope or a small capacity motor of less than 15 HP and with a loading capacity of no more than five tons or 13 passengers designed and made either according to prescribed technical norms or popular experiences.
a/ Ferry boat is a boat used to transport passengers and goods across a river or canal.
b/ Passenger boat is a boat to transport passengers and goods along a river, canal or lake within a distance of not more than 10 km.
c/ Lightering boat is a means to take passengers from and deliver passengers to a traveling passenger ship.
11. Household water transport means is a means to service only one individual or his/her family without taking part in business transport and with a loading capacity of no more than five tons or a motor capacity of no more than 15 HP
12. Motorized means is a means propelled by motor.
13. Rudimentary means is a means propelled by human force, animals, wind or water.
14. Tug convoy is a convoy of ships formed by assembled tugging means (tug boats) and the tugged means.
15. Push convoy is an assembly of push means (tow boat) and the pushed means.
16. Lightering tug fleet is an assembly of tug boats and the means tugged to along one side or both sides of a boat.
17. Mixed tug fleet is an assembly of means of tug and tugged ships so arranged to combine the following tasks:
a/ Tugging and pushing;
b/ Tugging and lightering;
c/ Pushing and lightering;
d/ Pushing, tugging and lightering.
18. Traveling means is a means which is moving or standing immobile without the need of anchor.
19. Crossing is the act of two ships crossing the lane of each other during which one ship sees only one side of the other at daytime or sees only a side light (green or red) of the other at night.
20. Loss of control is the situation in which a traveling means, for some special reason, has lost its capacity of operating according to the will of the driver.
21. Signals are the information conveyed by sound signals, light signals or banners and other signs used in communication aimed at ensuring safety for the means of transport on the inland waterways.
22. Participants in navigation are the crew or users of a household means of water transport; and other persons engaged in other activities on inland waterways.
23. The crew are the persons working on an inland water transport means designated according to their prescribed functions (except those working on household means of transport).
24. Captain or driver is the highest person in command on the means of transport, called captain in this Decree.
25. Passengers are all the persons other than the crew, members of their families who live on the means of transport and those assigned with specific tasks on the means of transport.
Article 6.-
1. When a navigation accident occurs, the captain must immediately seek all possible measures to save the lives and properties and preserve the traces and other evidences, at the same time must inform the local People�s Committee or police or the nearest managing unit of inland water transport.
2. All the persons present at the place of the accident have the responsibility to join the rescue. Those who shirk their rescue obligation shall be dealt with according to law.
3. The means and properties of the victims must be carefully protected. The use of force and all other acts which endanger the life, means and properties of the victims and the author of the accident are strictly prohibited. All acts of preventing the persons on duty to perform their tasks shall be dealt with according to law.
4. The persons directly related to the accident must be present at the place of the accident when the authorities make a written record.
5. The People’s Committee of the locality where the accident takes place must organize the rescue, preserve the evidences and direct the specialized agencies to overcome the consequences of the accident.
Article 7.-
1. The traffic police can set up checkpoints only at the places designated by the Minister of the Interior and can inspect the means of transport only when signs of law-breaking are detected.
2. All acts of arbitrarily ordering a ship or boat to stop for inspection are strictly forbidden.
Chapter II
RESPONSIBILITIES OF THE MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AGENCIES ATTACHED TO THE GOVERNMENT, PEOPLE�S COMMITTEES OF THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT TO ENSURE NAVIGATION ORDER AND SAFETY ON INLAND WATERWAYS
Article 8.- Responsibilities of the Ministry of Communications and Transport:
1. To issue service norms including: technical norms for navigation projects on inland waterways; the technique of different kinds of water transport means; operation permits for designing, building and repairing inland water transport means, announce the opening (and closing) of the shipping lanes, ports and landing stages; material and technical bases, criteria of teachers of the schools and courses to train crew members and other technical criteria on ensuring navigation order and safety on inland waterways.
2. To issue the rules for signaling on Vietnam’s inland waterways.
3. To lay down the rules for the activities of the port authorities on inland waterways in the necessary areas.
4. To conduct technical control of the means of inland water transport (except the means used for security and defense purposes).
5. To register, issue number plates, manage different kinds of inland water transport means (except the means in service of security and defense and for fishing).
6. To issue permits for goods and passenger transportation to inland water transport means which take part in the transport business.
7. To issue permits for the use of water areas related to inland water transport.
8. To organize the training, examinations and granting of graduation diplomas and licenses for captains and skippers and professional certificates to the crew members.
9. To inspect the protection of the navigation projects, and handle the administrative violations under its jurisdiction.
10. To coordinate with the Ministry of the Interior in monitoring and analyzing the causes of the navigation accidents on inland waterways in order to take measures to prevent their recurrence.
Article 9.- Responsibilities of the Ministry of the Interior:
1. To effect technical control, registration and management of the inland water transport means of the People’s Security Force (except the means used for economic tasks which shall be registered, subject to technical control and issued operation permits by the Ministry of Communications and Transport.
2. To organize the control and handle the violations of navigation order and safety on inland waterways.
3. To take the main responsibility and coordinate with the Ministry of Communications and Transport in ensuring navigation order and safety on inland waterways.
4. To organize the investigation and handling of the navigation accidents. To take the main responsibility and coordinate with the Ministry of Communications and Transport in inventorizing, monitoring, analyzing and drawing conclusions on the causes of the navigation accidents on inland waterways and put forth measures to prevent such accidents .
5. To set up checkpoints on inland waterways. To define the tasks and powers of such checkpoints.
6. Within the ambit of its tasks and powers, the People’s Police Force shall have to coordinate with and assist the unit managing the navigation project and the transport inspectoral authorities to ensure navigation order and safety and the protection of the inland waterways.
Article 10.- Responsibilities of the Ministry of Aquaculture:
1. To register, issue number plates and manage the fishing means.
2. To assign the water areas for the raising and fishing of aquatic products related to the shipping lanes and the protection corridor after consulting the Ministry of Communications and Transport.
3. To direct the units in the fisheries service not to cause encumbrances to the navigation on the shipping lanes.
4. To introduce the contents of legislation on inland water transport into the schools to train crew members of fishing boats according to the prescribed curriculum.
Article 11.- Responsibilities of the Ministry of Defense:
1. To effect technical control, registration and management of the inland water transport means within the jurisdiction of the Ministry of Defense (except the means used in economic activities which shall be registered, subject to technical control and granted operating permits by the Ministry of Communications and Transport).
2. To direct the army units using water transport means and operating on inland waterways to observe the legislation on communications and transport, and to submit to the inspection and control by the force ensuring navigation order and safety (except in combat activities, military exercises and other emergency tasks on orders from the competent authorities).
3. To introduce the contents of the legislation on inland water transport into the schools to train crew members of the Ministry of Defense according to the prescribed curriculum.
Article 12- Responsibilities of the Ministry of Trade:
When drawing up the annual plans for the import of inland water transport means, it shall have to get the written consent of the Ministry of Communications and Transport concerning the quantities and categories of the means which are allowed for import on the basis of the technical norms and the current conditions of the navigation lanes, ports and landing stages.
Article 13.- Responsibilities of the other ministries and branches related to navigation order and safety on inland waterways:
When working out their plans and before implementing them they must get the written consent of the Ministry of Communications and Transport in the following works:
1. To build cross-river projects and other projects within the scope of the protection of inland waterways.
2. To operate the projects related to the regulation of water which have an impact on inland water navigation (except the projects related to the fight against floods);
3. To exploit mineral resources within the scope of the protection of inland waterways.
Article 14.- Responsibilities of the mass media:
The information and press service, the radio and television at the central and local levels shall have to conduct regular popularization and education of the legislation on navigation order and safety on inland waterways free of charge.
Article 15.- Responsibilities of the People’s Committees of the provinces and cities directly under the Central Government:
1. To organize and direct the branches within the jurisdiction of their locality and the People�s Committees of districts, communes and wards to take all necessary measures :
a/ To establish order and safety of navigation on inland waterways in the locality;
b/ To register, issue operating permits to the inland water transport means according to the prescriptions of the Ministry of Communications and Transport;
c/ To train crew members, issue licenses and professional certificates as prescribed by the Ministry of Communications and Transport.
2. To organize and arrange the ports, storage yards, places of mooring for the means of transport, the raising and fishing of aquatic products and market places on the inland waterways in the locality.
3. To take measures against the discharge of mud, sand, soil, stone, pebbles, straw, untreated industrial waste and daily life waste into the inland waterways; to protect the signal buoys and the inland water navigation projects in the locality.
4. Basing themselves on the State law and the regulations of the Ministry of Communications and Transport and the practical situation in the locality, to step by step clear the constructions which encroach on the navigation lanes and the protection corridor of the navigation lanes in the locality.
5. To organize the rescue of victims of shipwrecks, the ships and properties in the shipwrecks, and settle the consequences of navigation accidents occurring on inland waterways in the locality.
6. To conduct popularization and education about the observance of the legislation on inland water navigation for the concerned persons and organizations in the locality.
7. To organize the control of the implementation of the tasks of the force assigned the task of ensuring navigation order and safety on inland waterways in the locality; to inspect and handle the violations of the navigation order and safety on the inland waterways under their competence.
Chapter III
MANAGEMENT OF NAVIGATION PROJECTS ON INLAND WATERWAYS
Article 16.- The unit managing the navigation projects on inland waterways has the responsibility to ensure the technical safety and the technical norms of the projects.
When a damage to a navigation project on inland waterways endangering the navigation safety is detected, it must take timely remedy measures and direct the navigation in order to prevent accidents, and it shall have to take responsibility for the accident if it fails to fulfill its responsibility.
Article 17.-
1.In case of a shipwreck, after rescuing the lives and properties, the captain must install and maintain the signal device, refloat the ship or boat within the time limit defined by the unit managing the inland waterway.
2. The unit managing the inland waterway has to cooperate with the traffic police, report the accident to the local administration in order to take measures to overcome quickly the consequences and ensure uninterrupted and safe navigation.
Article 18.-
1. If the refloating and removal of the obstacle affects navigation, the owner of the obstacle shall have to consult the competent unit managing the inland waterway.
2. The project owner can start the construction only after taking measures to ensure navigation safety and must have a permit of the competent agency managing the inland waterway.
3. The unit managing the inland waterway has the responsibility to compile the dossier to monitor the projects and obstacles affecting inland water navigation.
4. The unit managing the inland waterway shall handle the project or obstacle in case the project owner or the obstacle owner cannot or do not perform their duty as prescribed. The project owner and the obstacle owner shall have to bear all expenses incurred thereby.
Article 19.-
1. When elaborating the plan and before carrying out the following projects on inland waterways, there must be a written agreement of the Ministry of Communications and Transport:
a/ Durable and temporary bridges;
b/ Electric and communication lines, and aerial and under river pipes;
c/ Ferries;
d/ Dyke protection embankments, projects related to the prevention and fight against floods and storms which affect the navigation lanes of ships and boats.
Besides these constructions, when building other projects on inland waterways, there must be permission from the competent authorities in inland navigation.
2. The project owner must clear all obstacles after completing an inland waterway project.
Article 20.-
1. The means for raising and fishing aquatic products related to the protection area of the inland waterway must have permits of the competent agency managing the inland waterways and must fully comply with the prescriptions in the permit.
The mobile means of fishing must not create obstacles to inland navigation and must not damage the communications projects.
In case of a change in the navigation lanes, the owners of the means for fishing and raising aquatic products must remove, reduce or dismantle their equipments or structures at the request of the competent agency managing the inland waterway.
2. After finishing the exploitation, the owner of the means of fishing and raising aquatic products must clear all the obstacles.
Article 21.-
1. The dumping of soil, sand, pebble, stone, straw and other wastes into inland waterways is prohibited.
2. It is forbidden to damage, change, move, hide or neutralize the signaling devices.
3. When dredging a canal, the mud and soil must be dumped into the prescribed place.
Chapter IV
THE PERSONS AND MEANS TAKING PART IN NAVIGATION
Article 22.-
1. The crew on the means must have a professional diploma or certificate corresponding with their titles and the kinds of means prescribed by the Ministry of Communications and Transport and must be registered by the specialized State managing agency in the list of crew members (the crew members assigned with security and defense tasks shall be defined by the Ministry of Defense and the Ministry of the Interior).
2. The driver of a household means of water transport shall have to learn the legislation on inland navigation and be issued with a certificate if he/she operates on an inland waterway.
Article 23.- A crew member must not work on the means or be employed to work on the means if he/she is in the following states:
1. Physically unfit to assure fulfillment of the assigned task;
2. The alcohol, liquor and beer content in his/her blood exceeds 50mg per 100 ml of blood, or 25mg per liter of breathing air or other stimulants are detected in his/her blood.
Article 24.-
1. The means taking part in navigation (except household means) must meet the Vietnamese standards, the branch technical standards and must have the following papers:
a/ A certificate of registration for inland water transport;
b/ The list of crew members; if the whole family lives on the means, it must have a register of permanent or temporary residence;
c/ A certificate of technical safety;
d/ A transport permit on inland waterways (for the means engaged in transport business).
2. The registration number and the name of the means must be painted as prescribed.
Article 25.- Foreign ships and boats are allowed to transport goods and passengers on Vietnam�s inland waterways only when permitted by the Minister of Communications and Transport.
Article 26.- The means is allowed to carry out exploitation in conformity with its purpose, the area of operation and the lane already permitted by the competent managing agency. The means is forbidden to transport more goods than defined by the displacement mark or more passengers than the prescribed number. In the flood season it must reduce the load to the safe level in order to avoid possible accident.
The Ministry of Communications and Transport shall provide concrete stipulations for the reduction of loads during the flood season.
Article 27.- Goods must be arranged neatly in order not to destabilize the means nor to interfere with the view of the driver. It is forbidden to arrange goods beyond the width and length of the means.
Article 28.- A passenger means of transport must register the ports of departure and destination and must take and deliver the passengers at the assigned places. A passenger ship or boat must be provided with a list of passengers.
Article 29.- A passenger ship must ensure the number of seats as prescribed. Easy and convenient passage must be ensured for the passengers. It is forbidden to seat passengers on the top or on either side of the ship.
Article 30.- A passenger ship or boat must have a safety rule. Before departure, the captain or the boat driver must popularize this rule and the way of using the safety devices to the passengers.
Article 31.-
1.It is forbidden to transport cattle, horses and other large animals in the same place as passengers. When they need to be transported small animals must be kept in cages and must not cause nuisance to the passengers.
2. The passenger transport means must not carry toxic, explosive, inflammable and other dangerous substances which affect the health and life of passengers.
Article 32.- A means of transport carrying toxic goods, explosives and other dangerous substances must get permission from the competent State agency and must be marked with a special sign as prescribed. It must strictly observe the prescriptions on the prevention and fight against toxicity, fires and explosions.
Article 33.- An organization or individual that wants to build a new means of inland water transport must have a permit from the competent State agency. The Ministry of Communications and Transport shall provide concrete stipulations for the permit to build a new means of inland water transport.
Article 34.- The new or transformed means (excluding household means) must have its design dossier approved by the Ship Registration Service which shall also exercise technical supervision during the building of the means.
An organization or individual engaged in the business of designing inland water transport means must have permission from the Ministry of Communications and Transport.
Article 35.- The establishments to build or repair water transport means must have the necessary conditions in equipment and technology and must be given operating permits by the competent agency of the Ministry of Communications and Transport.
Article 36.- The technical control of the means of inland water transport for the issue of certificates of technical safety can be done only at the establishments designated by the Ministry of Communications and Transport.
The registration agency for inland water transport means must be equipped with the necessary equipment and tools for inspection; the technical control of the means must be done in conformity with the rules and criteria issued by the State and the Ministry of Communications and Transport.
The head of the registration agency for inland water transport means is answerable before law for the conclusions after the inspection.
Chapter V
INLAND WATER PORTS AND LANDING STAGES
Article 37.- Inland water ports and landing stages (excluding military ports and landing stages which shall apply separate regulations) must have the necessary dossiers and procedures and must get operating permits from the competent agency; must be recorded in the list of inland water ports and landing stages as prescribed by the Ministry of Communications and Transport.
Article 38.-
1. All inland water ports and landing stages must have the regulations to ensure navigation order and safety, technical safety, regulations on prevention and fight against fires and explosives, to ensure order and safety in the area and prevention against environmental pollution.
2. All inland water ports and landing stages must have signal buoys on the delimitation of the water area, and have enough room for safe anchoring and mooring.
3. The landing ramp must have anti-shock cushions and enough rails and landing stairs for passengers.
The landing stages for boats must have ramps for the embarcation and disembarcation of passengers.
The landing ramps and stages must be sufficiently lighted at night.
4. The equipment for loading and unloading goods must meet the criteria for technical safety.
Article 39.-
1. It is strictly forbidden to open an inland water port or landing stage arbitrarily without conforming to the regulations in Articles 37 and 38 of this Decree.
2. It is strictly forbidden for an inland port or landing stage to load goods or take passengers onto the transport means without technical safety guarantee; to overload (past the goods transport line or the registered water line or to take more passengers and goods than prescribed).
Article 40.- The crew of the water transport means operating in the water area of the inland port or landing stage must strictly observe the regulations of the specialized State management authorities at the port or landing stage.
Article 41.-
1. The specialized State management authority at the inland water port or landing stage is the inland water transport port authority.
2. The Ministry of Communications and Transport shall provide for the function, tasks and powers of the inland port authorities.
Chapter VI
NAVIGATION RULES AND SIGNALS ON INLAND WATERWAYS
Section 1: NAVIGATION RULES
Article 42.- General provisions on navigation and crossing for inland water transport means:
1. While traveling, the means must keep completely to one side of the lane.
2. The means going in opposite directions must cross each other on their right.
3. The means moving downstream is given priority, the means going upstream must give way.
4. The means which is given priority passage must flash signals first to ask for passage and create all favorable conditions for the other means to give way safely.
Article 43.- Motorized means crossing each other:
The means which sees the other means on its right (or the red lamp of the other means at night) has to give way.
Article 44.- Motorized lightering boats crossing in a narrow lane:
1. In case the tug boat moves upstream and the untugged boat moves downstream: both have to slow down, the tug boat has to draw as closely as possible to the lane on its right and, if necessary, has to stop and put all the tugged means to its rear so that the untugged boat moving downsteam can have enough passage.
2. In case the tug boat moves downstream and the untugged means moves upstream: both have to slow down, the untugged means has to draw as closely as possible to the lane on its right and, if necessary, has to stop. The tug boat , if necessary, has to put all the tugged means to its rear.
3. In case both means are tug means: both have to slow down and, if necessary, the means going upstream has to stop and put all the tugged means to its rear, and if this is still not enough, the means moving downstream shall have to do the same as the means moving upstream.
4. In case of standing water: the untugged means shall have to give way to the tug means. If necessary, the tug means has to put all the tugged means to its rear.
Article 45.- Motorized means crossing on a wide lane:
On a wide lane, the motorized means do not necessarily have to cross each other according to the common rule, the means moving downstream shall have the priority choice of the passage most convenient to its operation but must flash operation signals (stipulated at Article 61 of this Decree).
Article 46.- When a small motorized means meets a large motorized means:
The small motorized means must give way to the large motorized means and the tugged convoy.
Article 47.- Motorized means crossing at a cross-lane or at a river bend:
1. The means which arrives first shall be given priority, the one which comes later shall have to give way.
2. If both means arrive at the cross-lane or a river bend at the same time, they shall cross according to the common rules stipulated at Article 42 of this Decree.
3. If both means move downstream or upstream or in standing water the priority right and the principle of giving way shall apply as in the crossing of two motorized means.
* Method of crossing:
Arrived near a cross-lane or a river bend, if visibility is about 500 meters with plain eyes, the means shall blow a long siren as signal.
The siren must be repeated many times and the means must keep close to the lane on its right. If the lane is narrow, the means moving upstream shall have to stop about 300 meters from the cross-lane or the river bend, and shall proceed only after the downstream means has passed.
If visibility is less than 500m, the means has to slow down and send out the above signal. On hearing the siren, the upstream means has to stop and send out the prescribed siren signal. On hearing the signal of the upstream means, the downstream means shall immediately send out the operation signal as prescribed so that the upstream means can be alerted and give way.
Article 48.- A rudimentary means meeting a motorized means:
The rudimentary means must give way and must not cut across in front of the motorized means. But in case of a raft, the motorized means must give way.
Article 49.- In standing water:
The right of passage belongs to the means which sends out the signal first, the other means must comply.
Article 50.- Crossing by means hauled by ropes on shore:
1. When a boat hauled by rope meets a boat without hauling rope, the boat with rope shall draw to the side having the hauling rope.
2. If both boats are hauled from the same bank, one is heavily loaded and the other lightly loaded or unloaded: the lightly loaded or unloaded boat shall have to avoid the heavily loaded boat by keeping to the side of its hauling rope.
3. If both boats are hauled from the same bank and are both heavily loaded, lightly loaded or unloaded: the boat going upstream shall have to give way to the downstream boat by keeping to the side of its hanling rope. In standing water, they shall cross each other by keeping to the right.
Article 51.- Crossing of sail boats:
1. If one has put up sail and the other not, the boat without sail shall have to give way to the sail boat.
2. Both boats have put up sail:
a/ The boat sailing with the wind has to avoid the boat sailing against the wind.
b/ The boat with wind to port shall avoid the boat with wind to the starboard (the wind-carrying side is the opposite side of the main sail).
c/ The boat with greater wind exposure shall have to avoid the boat with lesser wind exposure.
Article 52.- A means overtaking another:
1. General principle: When a means catches up with another means, it always has the right to overtake, except in the following cases:
a/ There is an oncoming means or an obstacle ahead;
b/ The place is a cross-lane or a river bend or a narrow section of the river;
c/ When passing beneath a bridge, a culvert, or through a waterlock or a navigation control area;
d/ When it is deemed that overtaking is not safe.
2. A motorized means overtaking another:
a/ When the means asking to overtake is about 500 meters from the means to be overtaken, it shall have to send out a long siren and repeat the siren many times.
On hearing this siren, if there is no obstacle ahead, the overtaken means shall draw to the right so that the demanding means can overtake it by the port side. If for some reason it sees that overtaking is impossible, it shall send out five short sirens (no-passage signal) intended for the demanding means. On a wide lane, if for some reason the overtaken means cannot draw to the right, it has to send out two short sirens and put to left so that the demanding means can overtake it on the right. The demanding means shall send out a short siren and proceed to the right to overtake.
b/ During the overtaking, the overtaken means must slow down and wait until the demanding means has passed it by about 200 meters before returning to the direction and speed before the overtaking; the demanding means must keep the distance between the two means at least equal to the length of the larger means. On a narrow lane, this distance must be at least 5 meters.
When necessary, the overtaken means has to stop and draw to one side of the lane for the demanding means to overtake. Until it is about 200 meters ahead, the demanding means must not draw to the passage lane of the means which has just been overtaken.
c/ If before or during the overtaking the demanding means deems it impossible to overtake, it must immediately slow down to keep the distance as prescribed in Article 53.
3. A rudimentary means overtaking another:
a/ Two boats without hauling ropes overtaking each other: the front boat shall put to the right and the rear boar shall overtake from its left side.
b/ A boat without hauling rope overtaking one with hauling rope: the boat with hauling rope shall draw to the side of the hauling rope.
c/ A boat with hauling rope overtaking a boat without hauling rope: the front boat shall draw to the bank without hauling rope.
d/ Boats with hauling ropes overtaking each other: the front boat shall draw to the bank where it has its hauling rope.
Article 53.- Lengthwise distance between means sailing in the same direction:
Motorized means and sail boats sailing in the same direction must be at least 100 m distant from each other if they are sailing upstream or 300 m if they are sailing downstream.
Rafts moving in the same direction must be at least 500m distant from each other.
Article 54.- Reducing speed:
A moving means must reduce its speed where there are slow-down signs and in the following cases:
1. Crossing on a narrow lane;
2. Approaching a cross-lane or a river bend or passing a narrow lane;
3. Moving near an equipment engaged in hydrological work or where a construction is under way or a means is in distress;
4. Moving near the equipments flying the banner marked with the letter "B" in daytime and marked with a red light that can be seen from all sides (360o) at night.
5. Moving within an area of landing stages or places where many boats are moored;
6. The route is made unclear by fog or rain or for other reasons;
7. Moving close to a dyke during the spate season.
Article 55.- Traveling in conditions of limited visibility:
In case of mist, fog or heavy rain or smoke which limits visibility to under 300m, all the means must slow down and send out signals as prescribed. Guards must be posted at the necessary places.
If the route cannot be seen clearly, the means has to stop, send its men to stand guard and also has to send out signals.
Article 56.- When passing beneath a bridge (which is not open to traffic all the time), through a culvert, a waterlock or a navigation control area, the driver of the means must strictly comply with the guidance of the personnel in charge of the bridge, culvert, waterlock and navigation control area. It is forbidden for the means to move in parallel or to overtake one another.
2. If the need arises to anchor at a given boat pool, the means must abide by the control of the men in charge. When order is given to move, the means which come first shall go first, and the ones which come later shall leave later (except those means tasked to do rescue work or other emergency tasks on orders from a competent agency).
Article 57.- Means moored in a landing stage:
A means entering a landing stage must anchor at the prescribed place, tether the means carefully and put down a gangway to the bank for passengers to embark and disembark or for loading and unloading goods. The gangway must be solid and provided with rail or a stretched rope in lieu of the rail. When necessary there must be a protection wire mesh for the crews of the means moored farther from the shore and the persons on duty to cross the means.
Apart from the above stipulations, the means moored in the landing stage must also observe the regulations of the landing stage.
Article 58.- Means moored outside the landing stage:
1. Only in special case and with the permission of the competent agency can a motorized means moor outside the area of the landing stage for passengers to embark or disembark or for loading and unloading goods, but it must not obstruct the movement of other means. The boats carrying passengers or goods to and from these means can approach them only when they have moored. When the delivery and reception of passengers and loading and unloading of goods have been completed, before leaving the landing stage, these motorized means must send out sound signals and wait until all the small means have left for a safe distance before lifting the anchor and resume the travel.
2. If for any reason the means needs to moor, it must cast anchor or secure itself firmly with rope and must post a guard.
Article 59.- Prohibitions:
1. The means are prohibited from mooring or anchoring at a cross-lane, a river bend, beneath a bridge or near constructions and places with no mooring or no anchoring signs.
2. A means is forbidden to cling to or tie itself to another means, or to let another means cling to or be tied to it while traveling (except when it is executing a tug contract or engaged in a rescue operation).
3. It is forbidden to use a lightering boat to receive and deliver passengers;
4. It is forbidden for a means to tie its rope to a bridge railing, a culvert or waterlock gate, buoy and signal post;
5. It is forbidden for the means to groundlessly direct its headlights on other moving means.
6. It is forbidden for the means to misuse their priority right to obstruct the operation and safety of the means which must give way to it.
Section II: SIGNALS
Article 60.- General rules:
A- Concerning sound signals:
1. All operating means must be equipped with siren or bell or gong.
2. All motorized means with capacity of 30HP and more must be equipped with sirens that can be heard from at least 500m.
3. All motorized means with capacity of less than 30HP must be equipped with siren that can be heard from at least 300m.
4. A long siren lasts 4-6 seconds, a short siren about 1 second, and the interval between two sirens is about 1 second.
5. A rudimentary means must use siren, bell or gong that can be heard from at least 100m.
B. About signal lamps:
1. During night time (from sundown to sunrise) and during day time when visibility is not good outside 300m, the means must light its lamps as prescribed. The lamps must be kept lighted continually and must not wait until an approaching means is in sight and then are put out.
2. Specifications for the lamps :
a/ Light intensity of the various kinds of lamps when the night is dark but the sky is clear:
The white lamp of the means of Category A must be clearly seen from a distance of 1500m.
The white lamp of the means of Categories C, D and E must be clearly seen from a distance of 1,000m.
The color lamp of the means Categories A and B must be clearly seen from a distance of 1,000m.
The color lamp of the means Categories C, E, F must be clearly seen from a distance of 800m.
b/ The lighting range of the types of traveling lamps on the means Categories A, B, and C is prescribed as follows:
A fore lamp on a means Category A : the light must be 225o facing forward and evenly distributed to both sides of the means.
A green lamp on a means Categories A and C: 112o30' parallel with the length of the means from fore to the starboard.
A red lamp on a means Categories A and C: 112o30' parallel with the length of the means from for to port.
Half-green and half-red lamp: the green half to the starboard, the red half to port on a means Category B, scope of each light 180o lengthwise with the means.
White lamp on a means Categories A and C: the light must be 135o from the aft lengthwise with the means and evenly distributed to both sides.
c/ Green lamp and red lamp on means Categories A and C must have a shield so that the red light cannot be seen from the right side of the fore, and the green lamp cannot be seen from the left side of the fore.
Apart from the lamps prescribed for means Categories A, B and C of this Article, the other lamps prescribed in this Decree must be seen from all sides (360o).
C- About signals:
The signs must be put up from sunrise to sundown at the most visible places and the colors must be clear.
D- On signal banners:
Meaning of the signal banners printed at Appendix No.1 attached to this Decree.
Article 61.- Operation signals:
1. A traveling means when seeing another means must send out the appropriate operation sound signal to announce its direction:
a/ A short sound means that I am moving on my right.
b/ Two short sounds mean that I am moving on my left.
c/ Three short sounds mean that I am moving backwards.
2. Apart from the sound signals prescribed in Item 1 of this Article, the means may at the same time send out light signals:
a/ A flash means that I am moving on my right.
b/ Two flashes mean I am moving on my left.
c/ Three flashes mean that I am moving backwards.
Each flash lasts one second, the interval between two flashes is about one second.
The lamp used to send out this signal must be a white lamp that can be seen from all sides from a distance of at least 1,000m.
Article 62.- Information signals:
A means shall inform others of its operating state by the following sound signals:
1. Four short sounds: calling for help from other means.
2. Five short sounds: cannot give way.
3. A long sound: attention, take caution, asking for passage.
4. Two long sounds: stop.
5. Three long sounds: about to enter port, leaving port, farewell.
6. Four long sounds: asking for opening of bridge, culvert, waterlock.
7. Three short sounds followed by three long sounds followed by three short sounds: someone has fallen into water.
8. A long sound followed by two short sounds: the means has run aground, the means is measuring the water flow, the means is building a construction project.
9. Two long sounds followed by two short sounds: the means has lost control of its operation.
10. Sail boat: a short sound: the wind is blowing on the starboard; two short sounds: the wind is blowing on port ; three short sounds: the wind is blowing on the aft.
Article 63.- Signals in case of limited visibility:
1. In case of fog, heavy rain or smoke which limits visibility to under 300m the means has to send out the following sound signals:
a/ A long sound every two minutes: the means is slowing down or has switched off engine but is still moving.
b/ Two long sounds every two minutes: the means has switched off engine and is no longer moving.
2. The sound must be sent out continuously until visibility has extended to 300m.
Article 64.- Classification of means for the use of signals:
The means operating on inland waterways are divided into the following six categories:
Category A: Motorized means with capacity of 30 HP and more.
Category B: Motorized means with capacity of less than 30HP.
Category C: Barges and boats with capacity of 20 tons and more.
Category D: Barges and boats with capacity of less than 20 tons.
Category E: Rafts more than 25 m long and more than 5m wide.
Category F: Rafts less than 50m long and less than 5m wide.
Article 65.- Traveling lamps for means sailing alone:
1. Category A:
a/ A white fore lamp on the longitudinal axis of the ship at least 3m above water level when the ship is fully loaded.
b/ Two side lamps: green lamp on the right and red lamp on the left placed laterally close to the vertical plane of the ship side. The side lamp must be placed at least one fourth lower than the height of the white fore lamp.
c/ A white lamp on the aft.
2. Category B:
A half-green, half-red light that can be seen from all sides placed on the longitudinal axis of the ship at least 2m above water level at the most visible place when the ship is fully loaded.
3. Category C:
a/ Two side lamps, green on the right and red on the left.
b/ A white lamp on the aft.
4. Category D:
A white lamp that can be seen from all sides at least 2m above the deck.
5. Category E:
a/ A red lamp in the center of the raft.
b/ Two white lamps on the longitudinal axis of the raft, one at the fore and one at the aft of the raft.
If the raft is more than 15m wide, the white lamp on the longitudinal axis can be dispensed with, but four white lamps must be lighted on the four corners of the raft.
The lamps must be at least 1.5m above water level.
6. Category F:
A red lamp in the center of the raft at least 1.5m above water level.
Article 66.- Signals on a convoy of tug boats:
1. Signals on a tug boat (means Category A)
a/ Apart from the prescribed traveling lamps, right after tying the tug rope, the tug boat must light the following additional lamps:
A white fore lamp which adds up to two white fore lamps, if the convoy is less than 100m long (from the fore of the tug boat to the aft of the last tugged means).
Two white lamps above the white fore lamp which add up to three white fore lamps, if the convoy is 100m and more long.
The additional white lamps must be of the same model as the white fore lamp and superposed 1m one above the other on a vertical line.
b/ In day time, each white fore lamp shall be replaced by a sign consisting of two interlacing black circles 0.3m in diameter.
2. Signals on the tug boat (means Category B) :
a/ Apart from the half-green and half-red lamps, right after tying the tug rope, the tug boat must light another white lamp that can be seen from all sides (360o) on the same vertical line and 0.5m higher than the half-green, half-red lamp.
b/ In daytime, the white lamp and the half-green, half-red lamp is replaced by two signs, each consisting of two interlacing black circles 0.3m in diameter.
3. Signals on the tugged means:
a/ Means Categories A and C shall light only the side lamps with an additional white lamp on the aft of the last means that can be seen from all sides and from a distance of 1,000 m, and at least 3m above the deck of the means.
If the tugged means move in rows, the outside means shall light only a corresponding side lamp of its own. The means in the center need not light their lamps.
b/ Means Categories B, D, E and F, shall light lamps as in case of lone traveling.
c/ If the ship tugs only one boat without passengers and the distance from the aft of the boat to the aft of the ships does not exceed 6m, the boat needs not light its lamp.
Article 67.- Signals on the convoy of lightering boats:
1. Signals on the tug boat (means Category A):
a/ At night, apart from the lamps prescribed for means of its category, the tug boat must light an additional white lamp 1m higher than the fore white lamp and of the same type as the fore white lamp.
b/ In daytime, each fore white lamp shall be replaced by a sign consisting of two interlacing black circles, each 0.3 m in diameter.
2. Signs on tug boat (means Category B):
As prescribed for tug boats in Item 2 Article 65.
a/ If it is a means Category A or C side lamps and the piloting lamp shall be lighted.
b/ If it is a means Category B, D or F the outermost means shall light the lamps as in lone sailing. The inside means need not light their lamps.
c/ If it is a raft Category E only a red lamp in the center of the raft and two white lamps on the two outer corners are needed.The lamps must be at least 1.5m above the raft.
Article 68.- Signals on push convoy.
1. Signals on push boat (means Category A).
a/ At night, apart from the lamps prescribed for boats of its category, a push boat shall also light a green lamp, lighting range 360o placed 1m higher than the fore white lamp clearly visible from 1,000m.
b/ In daytime, the greem lamp shall be replaced by a sign consisting of two interlacing back isosceles pointed upward, 0.3m by each side.
2. Signals on push boat (means Category B):
a/ At night, apart from the lamps prescribed for means of its category, an additional green lamp must be lighted 0.5m higher than the half-green and half-red lamp and can be seen from all sides from 1,000m.
b/ In daytime, a sign shall be put up as prescribed in Item 1 of this Article.
3. Signals on tugged means:
a/ If it is a means Category A or C, the green lamp shall be put on the right side, and the red light on the left, and lighted only at the leading means. No side lamps is necessary for other means. The tugged means need not light the piloting lamp.
b/ If it is a means Category B, the leading means shall light a lamp as in the case of lone sailing.
c/ If the means are paired, side lamps shall be lighted as prescribed for the outside means, the inside means does not need to light lamp.
Article 69.- Signals on a convoy of mixed tug boats:
1. Signals on the tug boat:
a/ Signals on the main tug boat (means Category A)
Apart from the lamps prescribed for the means of its category, the main tug boat must light two additional green lamps on the same vertical line as the fore white lamp, lighting range 360o, placed 1m above and beneath the fore white lamp.
In daytime, each of these lamps is replaced by a sign consisting of two interlacing black rectangles size 0.3m x 0.6m.
b/ Signals on the main tug boat (means Category B)
At night, apart from the lamps prescribed for the means of its category, the main tug boat must light two additional green lamps 0.5m apart on the same vertical line as the half-green, half-red lamps, lighting range 360o, 0.5m higher than the half-green, half-red lamp and clearly visible from 1,000m.
In daytime, signals shall be put up as prescribed in Item 1 of this Article.
2. Signals on support ships:
Depending on the position of the support ship for tugging, pushing or lightering, signals for daytime and night use shall be used as prescribed for tug boats, push boats or lightering boats which are means Category A or B (stipulated in Article 66, Article 67, and Article 68).
3. Signals on tugged means:
At night, only one outside side lamp shall be lighted as prescribed for the outermost means. No need to light lamps on the inside means.
Article 70.- Signals on the means which have lost control of its operation :
a/ A motorized means which has lost control of its operation at night must light a red lamp and put it on a high place where it is most visible. If momentum remains, a side lamp and a piloting lamp shall be lighted (for means Category A) and a half-green, half-red lamp (for means Category B).
b/ In daytime, the red lamp shall be replaced by a sign consisting of two black interlacing lozenges measuring 0.3m by each side.
Article 71.- Signals on anchored means:
For a means less than 45m long, a white lamp shall be lighted at the stern at least 2m above the deck.
For a means more than 45m long, one more white lamp shall be added at the bow and 1m lower than the fore white lamp.
In case the means anchors in a narrow lane, one additional white lamp shall be lighted where the means protrudes the nearest to the lane.
Raft moored outside the landing stage: a red light shall be lighted in the center of the raft and on the side of the passage of ships, two white lamps shall be put at the corner of the raft.
In daytime, the moored means shall hang at its fore a sign consisting of two interlacing black circles 0.3m in diameter.
Article 72.- Signals on a means which runs aground on its lane:
1. On the traveling lane, if a means runs aground and if the rest of the lane is still navigable, a red light must be lighted at the lamp post 1m above the green lamp.
In daytime, the red and green lamps shall be replaced by a sign consisting of two interlacing black squares 0.3m by each side.
On the navigable part of the lane, a white lamp shall be hung 1m above the main deck (for a means less than 45m long); and two white lamps (for a means more than 45m long), the second white lamp 1m above the first.
2. In case the lane is fully blocked, two red lamps 1m apart must be put up one above the other.
In daytime, the two red lamps shall be replaced by two signs, each consisting of two interlacing black squares 0.3m by each side.
If the means runs aground at a cross lane or a river bend which limits visibility to less than 500m, the means must assign their personnel to guard and send out signals as prescribed in Item 8 of Article 62 of this Decree.
The above signals must be sent out by the driver of the means right after the means runs aground.
Article 73.- Signals of means on mission on inland waterways:
The means on mission about lanes and hydrology or of building a construction shall use signals like a means having run aground (Article 72).
Article 74.- Signals on passenger transport means:
1. Motorized means for transport of passengers:
At night, apart from the lamps prescribed for means categories A and B sailing alone, a blink white lamp (one second of interval) shall be operated continuously during the whole travel and visible at least within 1,000m. The blinking white lamp shall be placed 1m higher than the fore white lamp (for means Category A) and 0.5m higher than the half-green and half-red lamps (for means Category B).
2. Rudimentary passenger transport means:
At night, two white lamps shall be hung on the same vertical line 0.5m from each other.
Article 75.- Signals on means transporting inflammable and explosive substances:
Apart from the lamps prescribed for the categories of means sailing alone, an additional red lamp must be lighted beside the lamp post, at least 1m higher than the fore white lamp. Boats and barges shall hang red lamps at the fore at least 3m above deck.
In daytime, the red lamps shall be replaced by a banner marked with the letter "B".
Article 76.- Signals on fishing ships and boats and on fishing hecks:
1. Signals on fishing ships and boats:
At night, fishing ships and boats must light a white lamp at the bow and a red lamp lower than the white lamp at the side with the net. The red lamp must be at least 2m above water. When it still retains its momentum, a fishing ship shall have to light a side lamp and a piloting lamp (for means Category A), or a half-green, half-red lamp (for a means Category B).
In daytime, the red lamp shall be replaced by a sign consisting of four white regular triangles 0.3m by each side, forming two pairs interlaced at the angles.
Ships and boats less than 20m long can replace the above signs with a sign consisting of two interlacing white circles 0.3m in diameter.
2. Signals of fishing hecks:
a/ If the hecks are arranged in lateral rows along the lane and are less than 30m long, a red lamp must be lighted at the end of each heck. If they are more than 30m long, a red lamp shall be lighted every 30m. In daytime, each lamp is replaced by two black interlacing circles 0.3m in diameter. The lamps and signs must be hung at least 1.5m above water.
b/ If the hecks are put up across the lane, they also have to put up lamps and signs and one additional white lamp must be added to either side of the lane, 1m higher than the red lamp. In daytime, each white lamp shall be replaced by a sign consisting of two interlacing black circles 0.3m in diameter.
Article 77.- Signals from a means to alert other means that someone has fallen into water.
When a person falls into water, the means must light a green lamp between two red lamps on the same vertical line, 1m apart. The lower red lamp is placed 1m above the main deck. At the same time, the means must send out a sound signal consisting of three short sounds followed by three long sounds and again three short sounds. At night, the lamps and sound signals are used at the same time.
In daytime, the means shall put up a banner with the letter "O" on the lamp post and also send out the above sound signal.
Article 78.- Signals to ask traffic police and inspectors onto the means:
To ask traffic police or inspector on inland waterways onto the means, apart from the lamps prescribed, the means must light an additional green lamp 1m above a red lamp. In day time, it shall put up a green banner.
Article 79.- Signals on a means where persons or animals have caught an infectious disease, and epidemic control is needed:
At night, a yellow lamp shall be put up on top of the lamp post.
In daytime, a banner with the letter "Q" shall be hoisted above a banner with the letter "L".
Article 80.- Signals on a means in distress asking for help:
In daytime, a banner with the letter "N" above a banner with the letter "C" shall be put up, and one or the following sound signals shall be sent out simultaneously:
A continuous peel of bell or gong;
A series of continuous short sirens.
At night, the above signals are sent out at the same time with continuous blinking of a red light.
Article 81.- Signals enjoining other means to come for inspection:
When the competent traffic and order police wants to inspect a means, they shall use the following signals:
In daytime, they shall put up the banner with the letter "K" and send out a long siren followed by a short siren, then again a long siren;
At night, they shall send out the same signal and light a green lamp above a white lamp 0.6m apart.
Chapter VII
SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF NAVIGATION ORDER AND SAFETY ON INLAND WATERWAYS
Article 82.- General principles:
1. An individual or organization that commits an administrative violation of navigation order and safety on inland waterways shall be sanctioned in the forms and at the levels stipulated in this Decree.
2. The sanctioning of the administrative violations of navigation order and safety on inland waterways shall conform with the principles stipulated in the Ordinance on the Handling of Administrative Violations.
3. Application of other forms of sanctions and measures:
a/ When the sanction is in the form of fine, the concrete amount of fine against an administrative violation is the average level of the fine frame set for these violations; if the violation has attenuating factors, the fine may be lower but not below the minimum set in the fine frame. If the violation has aggravating factors, the fine may be higher but shall not exceed the maximum set in the fine frame.
The attenuating or aggravating factors shall be considered in accordance with the stipulations in Article 7 and Article 8 of the Ordinance on the Handling of Administrative Violations;
b/ The other forms of supplementary sanctions and measures shall apply together with the administrative sanctions if so prescribed in this Decree, aimed at fully handling the violations, eliminating the causes and conditions for further violations and overcoming all consequences of the administrative violations.
4. Sanctions against violations by persons competent to order sanctions against administrative violations.
Any person competent to order sanctions against administrative violations who hassles others, condones or covers up a violation, fails to sanction or sanction not in time, not correspondingly with the violation or beyond his vested powers shall, depending on the character and extent of the violation, be disciplined or examined for penal liability. If the violation causes material damage, he/she shall have to pay compensation as prescribed by law.
Article 83.- Sanctions against violations during a navigation accident on an inland waterway.
1. To be served a warning or fined 50,000 to 200,000 VND for failure to inform the nearest local People�s Committee when the accident occurs.
2. A fine of 100,000 to 200,000 VND on the person(s) directly related to the accident who is not present at the time prescribed by the authorities in order to make a field report.
3. A fine of 200,000 to 500,000 VND for one of the following violations:
a/ Removing evidences at the place of the accident;
b/ The captain of another means or any other person present at the place of the accident who shirks the obligation to rescue when he/she has the conditions to do so.
4. A fine of 1,000,000 to 2,000,000 VND on the captain of the means which causes the accident or the captain of the means victim of the accident who shirks the obligation to rescue when he/she has the conditions to do so.
5. Form of supplementary sanctions and other measures:
Stripping the crew members of their right to use their professional permits or certificates for 3 to 6 months in case of a violation stipulated in Item 2, Point a of Item 3, and Item 4 of this Article.
Article 84.- Sanctions against acts of encroachment upon an inland water transport establishment:
1. A fine of 50,000 to 200,000 VND for one of the following violations:
a/ Dumping garbage or rice straw into an inland waterway;
b/ Erecting tents or inns along an inland waterway;
2. A fine of 500,000 to 2,000,000 VND for an act of dumping mud, earth, stone, sand, pebble or other waste materials into an inland waterway.
3. A fine of 1,000,000 to 3,000,000 VND for an act of colliding with or bumping against and damaging a navigation facility while driving a means.
4. A fine of 10,000,000 to 20,000,000 VND for an act of dumping mud, earth and sand at variance with the permit to dig scoop and dredge a waterway.
5. Forms of supplementary sanction and other measures:
a/ Forcible dimantlement of the tents and inns if it is a violation defined in Point b, item 1;
b/ Forcible clearance of the garbage, mud, earth, sand, pebble and other waste materials if it is a violation defined in Point a, Item 1, and Items 2 and 4;
c/ Forcible restoration of the original state of the construction which has been altered by the administrative violation if it is a violation defined in Item 3.
Article 85.- Sanctions against administrative violations concerning the building of constructions on inland waterways
1. A fine of 3,000,000 to 5,000,000 VND for one of the following acts while building a construction on an inland waterway:
a/ Failing to execute correctly the stipulations in the permit;
b/ Failing to dispose of all obstacles after the completion of the construction.
2. A fine of 4,000,000 to 10,000,000 VND for an act of building a construction without permit.
3. Forms of supplementary sanction and other measures:
a/ Forcible compliance with the stipulations in the permit if it is a violation defined in Point a, Item 1;
b/ Forcible removal of all obstacles within the time-limit prescribed by the unit managing the inland waterway if it is a violation defined in Point b, Item 1;
c/ Forcible dismantlement of the construction if it is a violation defined in Item 2.
Article 86.- Sanctions against violations concerning the management of inland waterways
A fine of 2,000,000 to 5,000,000 VND for an act of failing to take timely measures of remedy when detecting a damage to the inland waterway.
Article 87.- Sanctions against violations concerning the salvage and refloating, and removal of obstacles on inland waterways:
1. A fine of 500,000 to 2,000,000 VND for an act of violating the time-limit for salvaging a sunk means or another obstacle as prescribed.
2. A fine of 2,000,000 to 5,000,000 VND for an act of failing to removing all the obstacles.
3. A fine of 10,000,000 to 20,000,000 VND for an act of shirking the obligation of salvaging.
4. Forms of supplementary sanctions and other measures:
Forcing the offender to salvage or to bear all the cost of salvage if it is a violation defined in Item 2 and Item 3.
Article 88.- Sanctions against the act of fishing and raising aquatic products in violation of the provisions on navigation order and safety on inland waterways.
1. A fine of 100,000 to 200,000 VND for an act of fishing or raising aquatic products within the area of protection of an inland waterway by failing to strictly conform with the stipulations in the permit.
2. A fine of 100,000 to 300,000 VND for an act of mobile fishing thus causing obstruction to inland water navigation.
3. A fine of 200,000 to 500,000 VND for failing to removing all obstacles after completing the use of a means to fish or raise aquatic products within the protection area of an inland navigation project.
4. A fine of 300,000 to 1,000,000 VND for an act of failing to remove, narrow or dismantle the means of fishing and raising aquatic products as notified by the agency managing the inland waterway.
5. A fine of 500,000 to 1,500,000 VND for an act of fishing or raising aquatic products within the protection area of the inland waterway without permit.
6. Forms of supplementary sanction and other measures:
a/ Forcible removal of all obstacles if it is a violation stipulated in Item 3 of this Article;
b/ Forcible adherence to the contents and time limit prescribed by the agency managing the inland waterway if it is a violation defined in Item 4 of this Article.
Article 89.- Sanctions against violations concerning the signals on inland waterways:
1. To be served a warning or fined 20,000 to 50,000 VND if it is a failure to install a signal at the landing stage.
2. A fine of 100,000 to 300,000 VND for hiding a sign.
3. A fine of 300,000 to 1,000,000 VND for one of the following acts:
a/ Failure to send out in time a signal when a means or other objects are sunk thus causing obstruction on an inland waterway;
b/ Failure to keep a signal permanent.
4. A fine of 500,000 to 2,000,000 VND for an act of removing or deliberately neutralizing a signal device.
5. A fine of 1,000,000 to 3,000,000 VND for an act of failing to install or installing the signal device at the prescribed place.
6. Forms of supplementary sanction and other measures:
a/ Forcible removal of the object hiding the signal if it is a violation defined in Item 2 of this Article;
b/ Forcible immediate installment of the signal device if it is a violation defined in Item 3 and Item 5 of this Article.
c/ Forcible restoration of the signal device to its original state if it is a violation defined in Item 4 of this Article.
Article 90.- Sanctions against violations concerning inland water transport navigation order and safety:
1. To be served a warning or fined 5,000 to 20,000 VND for the failure to compile a safety rule on a passenger boat.
2. A fine of 20,000 to 50,000 VND for failure to produce the list of passengers traveling on a passenger boat when leaving port.
3. A fine of 50,000 to 100,000 VND for one of the following violations:
a/ Lightering the means to a traveling passenger boat for delivering or receiving passengers (lightering boat);
b/ Transporting small animals not as prescribed.
4. A fine of 50,000 to 200,000 VND for one of the following violations:
a/ Clinging or tying to another traveling means;
b/ Allowing another means to cling to or tie to one�s own means while traveling;
c/ A passenger boat which has no safety rule or which lets passengers sit on the top of the boat or on either side of the boat;
d/ Loading oversized goods;
e/ Working on the means after drinking alcoholic beverages, liquor, beer or other stimulants exceeding the prescribed level;
f/ Employing crewmen to work in a physical state that cannot assure accomplishment of the assigned tasks.
5. A fine of 100,000 to 300,000 VND for one of the following acts:
a/ A passenger ship employing a lightering boat;
b/ Failure of a passenger boat to produce the list of passengers on departure;
c/ Receiving or delivering passengers not at the prescribed landing stage;
d/ Using the means at variance with its prescribed use or with the line or lane or operating area written in the permit;
6. A fine of 200,000 to 500,000 VND for an act of transporting buffaloes, oxen, horses or other large animals together with passengers.
7. A fine of 200,000 to 1,000,000 VND for an act of transporting noxious goods, inflammable and explosive substances together with passengers.
8. A fine of 2,000,000 to 5,000,000 VND for one of the following acts:
a/ Transporting noxious goods and explosives without permit;
b/ Failure to strictly observe the regulations on the prevention and fight against fires, explosion and noxicity;
c/ Using a faked number plate while driving the means but the offense is not serious enough to warrant examination for penal liability.
9. Forms of supplementary sanction and other measures:
Stripping the captain of the right to use his professional license or certificate for 3 months to 6 months if it is a violation defined in Item 8 of this Article.
Article 91.- Sanctions against the violations concerning designing, building, transformation, repair and technical inspection of inland water transport means.
A fine of 1,000,000 VND to 5,000,000 VND for one of the following acts:
a/ Building a new inland water transport means without asking for permission;
b/ To design, build, transform or repair a means without an operating permit;
c/ Failure to correctly abide by the regulations on technical control and supervision when building, transforming or repairing a means.
Article 92.- Sanctions against the acts of using and driving means without all the prescribed papers:
1. A fine of 20,000 to 50,000 VND for an act of driving a boat without permit for boat driving or failing to paint the registration number of the boat as prescribed.
2. A fine of 100,000 to 200,000 VND for failing to paint the name and the registration number of the means as prescribed.
3. A fine of 100,000 to 300,000 VND for an act of using a means without all the prescribed papers.
4. A fine of 300,000 to 1,000,000 VND for driving a means without the appropriate driving license or professional certificate as prescribed.
Article 93.- Sanctions against acts of failing to ensure the prescribed quantity and quality of safety equipment of the means:
1. A fine of 10,000 to 50,000 VND for failing to ensure the quantity and quality of the safety equipment prescribed for rudimentary means.
2. A fine of 30,000 to 100,000 VND for failing to ensure the quantity and quality of the safety equipment prescribed for a passenger transport means of less than 13 seats or other motorized means with a capacity of less than 5 tons.
3. A fine of 300,000 to 500,000 VND for failing to ensure the quantity and quality of the safety means prescribed for motorized passenger transport means of more than 13 seats or motorized freight transport means of more than 5 tons in capacity.
Article 94.- Sanctions against acts of transporting goods and passengers in excess of the allowed freight:
1. Fines against acts of transporting goods less than 5% in excess of the capacity of the means or convoy of means, corresponding to the following categories of means:
a/ A fine of 10,000 to 50,000 VND for a means or convoy of means of less than 50 tons in capacity;
b/ A fine of 50,000 to 150,000 VND for a means or convoy of means of 50 to less than 250 tons in capacity;
c/ A fine of 150,000 VND to 500,000 VND for a means or convoy of means of 250 to 800 tons in capacity;
d/ A fine of 500,000 to 1,000,000 VND for a means or convoy of means of more than 800 tons in capacity;
2. Fines against acts of transporting goods from 5% to 10% in excess of the capacity of the means of convoy, corresponding with the following categories of means:
a/ A fine of 20,000 to 100,000 VND for a means or convoy of less than 50 tons in capacity;
b/ A fine of 100,000 to 300,000 VND for a means or convoy of means of 50 to less than 250 tons in capacity;
c/ A fine of 300,000 to 1,000,000 VND for a means or convoy of means of 250 to 800 tons in capacity;
d/ A fine of 1,000,000 to 2,000,000 VND for a means or convoy of means of more than 800 tons in capacity;
3. Fines against acts of transporting goods more than 10% in excess of the capacity of the means or convoy, corresponding with the following categories of means:
a/ A fine of 40,000 to 200,000 VND for a means or convoy of less than 50 tons in capacity;
b/ A fine of 200,000 to 600,000 VND for a means or convoy of 50 to less than 250 tons in capacity;
c/ A fine of 600,000 to 2,000,000 VND for a means or convoy of 250 to 800 tons in capacity;
d/ A fine of 2,000,000 to 4,000,000 VND for a means or convoy of more than 800 tons in capacity.
4. A fine of 20,000 VND on each passenger in excess of the prescribed quantity for an act of overloading if it is a passenger transport means within a province.
5. A fine of 40,000 VND for any passenger in excess of the prescribed quantity in case of overloading by an interprovincial passenger transport means.
Article 95.- Sanctions against acts of using household means in violation of navigation order and safety on inland waterways:
1. A fine of 10,000 to 20,000 VND for failing to light the signal lamp at night while traveling.
2. A fine of 50,000 to 100,000 VND for an act of transporting without permit goods for business purpose.
3. A fine of 100,000 to 200,000 VND for an act of transporting passengers without permit for business purpose.
Article 96.- Sanctions against acts of using rafts in violation of inland navigation order and safety:
1. A fine of 50,000 to 200,000 VND for failing to light signal lamp at night as prescribed.
2. A fine of 200,000 to 500,000 VND for an act of moving, anchoring and mooring not as prescribed.
Article 97.- Sanctions against violations of the regulations on order and safety at inland water port and landing stages:
1. A fine of 30,000 to 50,000 VND for one of the following violations:
a/ Mooring the means not at the prescribed place, or failing to secure it firmly with ropes;
b/ Moving the means not on the operating order of the competent person at the port or landing stage.
2. A fine of 30,000 to 50,000 VND for opening a landing stage for boats without permit.
3. A fine of 200,000 to 500,000 VND for one of the following violations:
a/ Opening a loading and unloading stage without permit
b/ A loading and unloading port or landing stage or a passenger port lacks one of the following equipments:
- Anti-collision cushion for the lightering means;
- Mooring post or mooring buoy for steadying the means;
- Embarking and disembarking ramp for passengers;
- Insufficient lighting at night for the ramp or landing stage.
4. A fine of 300,000 to 1,000,000 VND for a port or landing stage which commits one of the following violations:
a/ Loading goods or receiving passengers onto technically unsafe means;
b/ Overloading (exceeding the loading mark) of the means or receiving passengers onto the means in excess of the prescribed number;
c/ Having no safety regulations;
d/ Lack of equipment for preventing and combating fire and explosion as prescribed;
e/ Using loading and unloading equipment not technically safe.
f/ Lack of signs to determine the scope of the water area of the port or landing stage.
Article 98.- Sanctions against violations of inland water navigation rules
A fine of 20,000 to 100,000 VND for the driver of a means who commits one of the following acts:
a/ Violating the traveling rules on a narrow lane;
b/ Violating the rules for crossing and overtaking;
c/ Anchoring or mooring the means not as prescribed;
d/ Violating the prescriptions on signals;
e/ Groundlessly directing headlights on a traveling means;
f/ Violating the regulations on movement in the areas of navigation control, through culverts, waterlocks, pontoon bridges and fixed bridges;
g/ Refusing to allow another means to overtake even when such overtaking is possible;
h/ Failure to reduce speed as prescribed;
i/ Failure to keep the prescribed distance either crosswise or lengthwise from another means;
j/ Failure to use the prescribed sound signals in the area when visibility is restricted;
k/ Misusing the priority right and causing obstruction to the means which have to give way.
Article 99.- Determination of competence in handling administrative violations of inland water navigation and transport order and safety:
1. The People�s Committee of various levels shall base themselves on the competence prescribed in Articles 26, 27 and 28 of the Ordinance on Handling Administrative Violations stipulated in this Decree under the jurisdiction of the locality.
2. The People�s Police shall base itself on the competence stipulated in Article 29 of the Ordinance on Handling Administrative Violations to sanction the violations stipulated in this Decree, except those stipulated in Article 91 of this Decree.
3. The specialized inspector of the inland water transport service shall base himself on the competence stipulated in Article 34 of the Ordinance on Handling Administrative Violations to handle violations of the regulations on the protection of inland water transport projects; violations concerning the registration and issue of permits to the means, licenses and professional certificates to the crew when the means is operating in the areas of the inland ports or landing stages; violations concerning the designing, building, transformation, repair and technical control of the means.
4. In case the violation comes under the administrative sanction competence of many agencies, the right to hand sanctions shall belong to the agency which is the first to receive the dossier.
Article 100.- Sanctioning competence of the People�s Committee of various levels:
1. The President of the People�s Committee of the commune, ward or township has the right:
a/ To serve a warning;
b/ To fine up to 200,000 VND;
c/ To confiscate evidences and means used for the administrative violation valued up to 500,000 VND;
d/ To force the offender to make compensation for damage up to 500,000 VND;
e/ To force the offender to restore the original state that has been altered by the violation;
f/ To suspend the activities which cause pollution to the living environment or the spread of epidemics or which disturb public order and quietness.
2. The President of the People�s Committee of the district, town or city under the province has the right:
a/ To serve a warning;
b/ To fine up to 10,000,000 VND;
c/ To confiscate the material evidences and means used in the administrative violation;
d/ To strip the offender of the right to use the permit according to his competence; in case the permit is issued by a higher State agency, the president of the People’s Committee of district level shall issue the decision to stop the violation and propose the competent State agency to revoke the permit;
e/ To force the offender to restore the original state which has been altered by the administrative violation or to dismantle the construction which has been illegally set up;
f/ To force the offender to pay compensation up to 1,000,000 VND for the damage caused by the administrative violation;
g/ To force the offender to take measures to overcome the pollution of the living environment or the spread of epidemics caused by the administrative violation.
3. The President of the People�s Committee of the province or city directly under the central Government has the right:
a/ To serve a warning;
b/ To fine up to 100,000,000 VND;
c/ To strip the offender of the right to use the permit according to his competence; in case the permit is issued by a higher State agency, the President of the provincial People’s Committee shall issue a decision to stop the violation and propose the competent State agency to revoke the permit;
d/ To apply the forms of supplementary sanction and other measures stipulated in Points c, e, f, g of Item 2 of this Article.
Article 101.- Sanctioning competence of the People’s Police:
1. A member of the People’s Police on duty has the right:
a/ To serve a warning;
b/ To fine up to 100,000 VND.
2. The head of a traffic police team or station has the right :
a/ To serve a warning;
b/ To fine up to 200,000 VND;
c/ To force the offender to pay compensation up to 500,000 VND for the damage caused by the administrative violation.
3. The head of the ward police is entitled to use the forms of sanction against administrative violations and other measures stipulated in Points a, b, c, d, f of Item 1, Article 100 of this Decree.
4. The head of the district police has the right:
a/ To serve a warning;
b/ To fine up to 2,000,000 VND;
c/ To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g of Item 2, Article 100 of this Decree.
5. The head of the traffic and order police, the head of the fire prevention and combat police, the head of the special police unit at the central level, the head of the mobile police unit from company level upward operating independently, the head of the border police checkpoint, the head of a border police station has the right:
a/ To serve a warning;
b/ To fine up to 2,000,000 VND;
c/ To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
6. The Head of the Traffic Order Police Department and the Head of the Police Department for Fire Prevention and Combat have the right:
a/ To serve a warning;
b/ To fine up to 20,000,000 VND;
c/ To apply the forms of supplementary sanction and measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
7. The Director of the provincial police has the right:
a/ To serve a warning;
b/ To fine up to 20,000,000 VND;
c/ To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
Article 102.- Sanctioning competence of the specialized Inspector of the inland water transport service.
1. The specialized Inspector of the inland water transport service on duty has the right:
a/ To serve a warning;
b/ To fine up to 200,000 VND;
c/ To confiscate material evidences and means used in the administrative violation valued up to 500,000 VND;
d/ To force the offender to restore the original state which has been altered by the administrative violation or to dismantle the illegal construction;
e/ To force the offender to take measures to ensure navigation safety.
2. The head of the agency entrusted with specialized inspection of inland water transport at the provincial level has the right:
a/ To serve a warning;
b/ To fine up to 10,000,000 VND;
c/ To apply forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g Item 2, Article 100 of this Decree.
3. The Head of the agency exercising the function of specialized inspection of inland waterways of ministerial level has the right:
a/ To serve a warning;
b/ To fine up to 20,000,000 VND;
c/ To aplly the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.
Article 103.- Procedure of sanctioning administrative violations:
The procedure of sanctioning administrative violations shall have to comply with the stipulations in Chapter VI of the Ordinance on Handling Administrative Violations.
Article 104.- Forcible execution of the decision on sanction against administrative violations.
1. An individual or organization subject to a sanction on administrative violation that does not willingly carry out the sanctioning decision shall be forced to do so through the following measures:
a/ To have part of its salary or income or part of its bank account deducted;
b/ To have part of its assets equivalent in value to the fine inventorized for auction;
c/ To apply other forcible measures to enforce the sanctioning decision.
2. The person competent to hand sanctions has the right to issue a decision on forcible enforcement and the responsibility to organize the forcible enforcement.
3. The People’s Police has the responsibility of carrying out the decision on forcible enforcement of the decision of the People’s Committee of the same level and coordinate with the other State agencies to organize the carrying out of the decisions on forcible enforcement of these agencies when requested.
4. An individual or organization subject to forcible enforcement of a decision to sanction an administrative violation has to bear all the costs for the organization of the carrying out of the forcible measures.
Article 105.- Complaints and denunciations:
1. An individual or organization subject to sanction for administrative violation or its legal representative has the right to complain against the decision to sanction an administrative violation, the decision to apply preventive measures and ensure the execution of the sanctioning decision as stipulated in Article 87 and Article 88 of the Ordinance on Handling Administrative Violations.
2. All citizens have the right to denounce the administrative violations by any individual or organization and the unlawful acts of the persons having competence to hand sanctions against administrative violations to the competent State agencies.
The settlement of denunciations of the unlawful acts of the persons having competence to hand sanctions on administrative violations shall comply with Article 90 of the Ordinance on Handling Administrative Violations.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 106.- This Decree takes effect on the 1st of September 1996.
The earlier regulations which are contrary to this Decree are now annulled.
Article 107.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall, within the ambit of their functions and tasks, have to guide and organize the implementation of this Decree. The Presidents of the People’s Committees of the provinces and cities directly under the Central Government shall base themselves on the characteristics or their localities and their competence to formulate the regulations and concrete plans for the implementation of this Decree.
Article 108.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Vo Van Kiet |
APPENDIX I:
SIGNAL BANNERS
MEANINGS OF SET OF SIGNAL BANNERS
Banner with letter "A" - The ship is testing its engine or speed.
Banner with letter "B" - The ship carries explosives or inflammables.
Banner with letter "O" - Somebody has fallen into water, asks for emergency help.
Banner with letter "K" - The control post enjoining the means for inspection.
Green banner - Asking traffic police onto the ship.
Banner with letters "Q/L" - Persons or animals onboard have caught infectious disease.
Banner with letter "N/C" - SOS.-
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