Joint Circular No. 21/2013/TTLT- BGTVT-BTNMT of August 22, 2013, guiding the management of and environmental protection in inland waterway navigation activities

 THE MINISTRY OF TRANSPORT - THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Joint Circular No. 21/2013/TTLT- BGTVT-BTNMT of August 22, 2013, guiding the management of and environmental protection in inland waterway navigation activities

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation;

Pursuant to the November 29, 2005 Law on Environmental Protection;

Pursuant to the Government’s Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding a number of articles the Law on Environmental Protection, and Decree No. 21/2008/ND-CP of February, 2008, amending and supplementing a number of articles of Decree No. 80/2006/ND-CP;

Pursuant to the Government s Decree No. 29/2011/ND-CP of April 2011, providing strategic environmental assessment, environmental impact assessment and environmental protection commitment;

Pursuant to the Governments Decree No.

107/2012/ND-CP of December20,201f, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government s Decree No. 21/2013/ND-CP of March 4, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

The Minister of Transport and the Minister of Natural Resources and Environment promulgate this Joint Circular to guide the management of and environmental protection in inland waterway navigation activities.

Article 1. Scope of regulation and subjects of application

1. This Joint Circular guides the management of and environmental protection in inland waterway navigation activities.

2. This Joint Circular applies to organizations navigation activities.

Article 2. Environmental protection applicable to inland waterway vehicles and seagoing vessels

1.  Inland waterway vehicles (below referred to as vehicles) and seagoing vessels operating in inland waterways must comply with regulations on environmental protection as follows:

a/ Vehicles must comply with current provisions of the national technical regulations on prevention of pollution caused by inland waterway vehicles;

b/ Seagoing vessels must comply with current provisions of the national technical regulations on systems of prevention of marine pollution caused by vessels;

c/Vehicles and seagoing vessels operating in inland waterways must have covering devices in order to prevent cargoes from dropping and dust from dispersing and causing environmental pollution;

d/ Vehicles and seagoing vessels must not discharge wastes into inland waterways;

dd/ Vehicles and seagoing vessels must have plans to respond to oil and chemical pollution in accordance with current laws;

e/ Owners of vehicles and seagoing vessels must respond to oil, spills caused by their vehicles or seagoing vessels in accordance with current laws.

2.       In addition to provisions of Clause 1 of this Article, special-use vehicles and seagoing vessels must comply with the following provisions:

a/ Passenger vehicles and seagoing vessels must not load hazardous, flammable or explosive cargoes at the same space with passengers;

b/ Vehicles and seagoing vessels carrying liquefied gases must comply with current regulations on decentralization and building of steel-armored seagoing vessels, ensure safety, prevent and fight fires and explosion, and protect the surrounding environment;

c/ Vehicles for collection, temporary storage and transportation of hazardous wastes must comply with current regulations on management of hazardous wastes;

d/ Vehicles and seagoing vessels carrying industrial explosive materials and dangerous cargoes must have licenses for transportation of industrial explosive materials and dangerous cargoes, and ensure safety in preservation and transportation of industrial explosive materials and dangerous cargoes.

3.  Vehicles and seagoing vessels operating in areas of ports or landing stages must:

a/ Be subject to examination and supervision by port authorities or landing stage management boards of environmental protection of vehicles and seagoing vessels upon carrying out procedures for entry to and departure from ports or landing stages;

b/ Let no waste and cargo leak, spill, penetrate or spread into the environment when vehicles or seagoing vessels load or unload cargoes, scrape rust, repaint ship hulls, cleanse engine floors or clean cargo holds containing hazardous and dangerous cargoes;

c/ Owners of vehicles and seagoing ships shall collect or transfer wastes or pollutants to organizations with the function of waste receipt and disposal in accordance with current laws.

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