Decision No. 12/2004/L-CTN promulgating Law No. 23/2004/QH11 on inland waterway navigation

OFFICIAL GAZETTE THE STATE PRESIDENT ORDER No.12/2004/L-CTN OF ,n.,-NE 24, 2004 ON LAW PROMULGATION THE PRESIDENT OF THE ~;;, ),:;1ALIST REPUBLIC OF VIETNAM Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which wasamended and supplemented under Resolution No~ 5t/2001/QH10 of December 25, 2001 of the )(lh National Assembly, i0e 1dh session; Pursuant to Article 91 of the Law, · 11 Organization of the Nationa!Assembly; Pursuant to Article 50 ol the Law on Promulgation of Legal Document!, PROMULGATES; the Law on Inland Waterway \'J:Jvigation, whichwas passed on June 15, ~:t:,04 by the Xl th National Assembly of the Sociali~, i Republic o1 Vietnam at its sth session. President of the SociRJ,':,;f Republic of Vietnam TRAN DUC LUONG LAW ON INLAND WATERWAY NAVIGATION (No. 23/2004/OH11 of June 15, 20J4) Pursuant to the 1992 Constitutic,1, of the Socia list Republic of Vietnam, which wa.s amended and supplemented under Resolution No 51/2001 /QH 1 0 of December 25, 2001 of the x,th NaF i, 1aJ Assemb!y, the 1 oth session; This Law provides for in/an(J waterway navigation. Chapter I GENERAL PROVISIONS Article 1.~ Scope of regulation This Law provides for inland waterway navigation activities; conditions to ensure safety for inland waterway navigation infrastructures, vessels and people participating in inland waterway navigation and transport. Article 2.- Subjects of application This Law applies to organlzations and individuals involved in inland waterway navigation activities. In cases where international agreements which the Socialist Republic of Vietnam has sigMd or acceded to contain provisions different from those of this Law, the provisions of such international agreements shall apply. Article 3.- Interpretation of terms In this Law, the following terms are construed as follows: 1. Inland wateiway navigation ;;,ctivitief rnean activities of people and vessels participating in inland waterway navigation or transport; planning of the development, building, operation and protection of inland waterway navigation infrastructures and State management over inland waterway navigation. 2. Navigable channel (hereinafter cal!c..;d channel) means a water area limited by the sy:,;lem of inland waterway signals, w!1erc vessels can navigate smoothly and safe!-,,; 3. Lock means a construction USi':d exclusively for raising and lowering the water level to t1e!p vesse!s pass places with different water levels on inland waterways. OFFICIAL GAZETTE Nos 29-30 (18•·7-2004} 4. Inland waterways mean channels, locks or constructions to help vessels pass river dams or falls, canals, ditches or chanr····. IS on lakes, marshes, lagoons, bays, gulfs, along the coastline, leading to islands or linking islands within the internal waters of the Socialist Rep uh.lie of Vietnam, which are managed and exploite(, for navigation and transport. 5. Channel protection corri•:i ,r means a delimited water area or land strips ftretching along both sides of a channel for installer'.! m of signals, protection of the channel and assurance of navigation safety. 6. Clearance means the removal of obstructions on inland waterways. 7. Inland waterway vessel (hereinafter called vessel) means ' a ship, boat or another floating structure, mptorized or non-motorized, operating exclusively on:inland waterways. 8. Rudimentary vessel means r:i ·1on-motorited vessel propelled only by manpower, wind power or water power. 9. Raft means a craft of bamboo, timber or other floating materials fastened together.which can sail or be used as a makeshift transport craft on inland wate1Ways. 10. Vessel transformation mearlr the change of the performance, structure andior utility of a vessel. 11. Head-on vessels means .. lwo vessels proceeding in opposite directions f n ,, 11 one of which one can see the bow of the other vessel straightly ln front of the bow of one's vessel. 12. Tow convoy means a co; ,voy of many vessels assembled together and movlng thanks to a motorized vessel exclusively used for pulling, pushing or towing alongside. 13. Mixed tow convoy meant a tow convoy assembled in lines propelled by at \(MSt two of three modes of pulling, pushing and towing alongside. 14. Gross tonnage of a ves~'.:,'I means the volume calculated in tons of cargo, fuel, lubricating oil, water in tanks, food, foodstuffs, passengers and their luggage, crew and their persona! be!cingings. 15. Passenger capacity of a vessel means the maximum number of people a vessel is permitted to carry, excluding its crew and steersman and under-one children. 16. Safety wate r!ine means a ma rki no line painted on a vessel to limit the part of its body permitted to be submerged underwater when the vessel operates. 17. Windward side of a boat means the side from which the wind is blowing to the main sail. 18. Crew mean people working under tl1e titles prescribed for non-motorized vessels with a gross tonnage of over 15 tons each or motorized vessels with total main engine capacity of over 15 horse powers each or vessels with a capacity of over 12 passengers each. 19. Captain means the title of the highest commander on board a non-motorized vessel wfth a gross tonnage of over 15 tons or a rnotorizecl vessel with total main engine capacity of over 15 horse powers or a vessel with a capacity of over 12 passengers. 20. Steersman means a person who personally steers a vessel with a gross tonnage of up to ·15 tons or a motorized vessel with tol."ll main engine capacity of up to 15 horse powers or a vessel with a capacity of up to 12 passengers or a raft. 21. Inland waterway pilot (hereinafter called pilot) means an advisor who assists the captain in steering the vessel safely. 22. Carrier means an organization or individual using a vessel to transport people and/or cargoes on inland waterways. 23. Transport dealer means a carrier that enter:, into a passenger and/or cargo transport contract with a transport hirer in order to effect the transport of cargoes and/or passenger for freights or c:1arges. 24. Transport hirer means nn organization or Nos 29-30 (18-7-2004) OFFICIAL GAZETTE individual that enters into a cargo and/or passenger transport contract with a transpor1 Jealer. 25. Goods consignee means ,in organization or individual named as goods con,1gnee in the bill of lading. 26. Luggage means personal belongings and goods carried by passengers on their voyage, lncluding hand-carried and consigned luggage. 27. Consigned baggage means goods sent on board any passenger vessel, with th(➔ ir consignors being not on board such vessel. Article 4.~ Principles for inl,.•md waterway navigation activiJles 1. lnla,nd;~~terwa·y navigation attii,ities must be smooth and- en~ure order and safo,ty for people, vessels, pr6p~rty as well as environmental prote ctiori; serve socio-economic de 11elopment and contribute ·10 -preserving national defense and security .aqd protecting national sovereignty and interests. 2. To ensure inland waterway n,-: vigation order and safety i$ the responsibility of the entire society, administrations at a\\ levels, organizations and individuals that manage or directly participate in navigation; to take comprehensive measures regarding technical matters and safety of vessels as well as inland waterway, navigation infrastructures; to provide trai11ing to raise professional and practical skills; to di:~seminate law and educate about the sense of lar1 observa·nce among people participating in lnl,v,d waterway navigation; to strictly handle acts rlf violating the legislation on inland waterway naviga1bn order and satety according to \aw provisions. · 3. Development of inland waterway navigation must comply with plannings and nlans and be synchronous. 4. Management of inland waterway navigation 3.ctivities shall be performed uni1orrn\y on the basis Jf clear assignment and dece1, tralization of ·esponsibHities as well as pov1< 'i, and close coordination among ministries, branche.:., and administrations at all levels. Article 5.- l n!and waterway nnv:g ·; !i Clil development policies 1. The State prioritizes investment in developing inland waterway navigation infrastructures on key inland waterway navigation routes, in key economic regions, deep-lying and remote areas with inland waterway navigation comparative advantage~: over other forms of communication. 2. The State encourages, and creates condi!icns for, Vietnamese and foreign orge.nizatio 1s unri individuals to invest in deve!opi n g inland waterway navigation infrastructures, apply scientific and technological advances,. train specialized human resources and invest in dealing in inland waterway transport in order to develop sustainable inland waterway navigation. Article 6.-Dissemination, popularization o-/, and education about, the inland waterway navigation legislation 1. Organizations involved in inland ws.te:w:::,,y navigation shall have to dissen1inate, popularize and educate about the inland waterway navigation legislation among the.people and public employee~; as well as laborers. under thef r respective management. 2. Information and propaganda agencies shall have to organize the regular and wide:3pread dissemination and popularization of the in!w1d waterway navigation legislation among thE: E,ntirc population. 3. State managemen1 agencies in charge ol education and training shall have to dirnct the education about the inland waterway navigation legislation at education establishments suitable to the characteristics of each region. Article 7.-Responsibilities of organ·1zatiom, and individuals when accidents happen on in,and waterways OFFICIAL GAZETTE Nos 29-30 (18-7-2004) 1. Captains or steersmen and p,:>rsons who are present at the places where inl,rnd waterway navigation accidents happen or detect persons and/ or vessels in distress on inland v1aterways must take every measure to rescue in time persons, vessels and/or property in such a(.:.'idents; protect traces, exhibits related to the accidents; inform such to the nearest police officf,'3 or People's Committees, and must turn up at ihe requests of competent investigating agencies:.· 2. The informed police offices or People's Committees must immediately set'Jr:l their officials to the scenes of accidents or th,J places where persons and/or vessels in distress are detected; shall be entitled to mobilize·people a.nd vessels to rescue and treat viCtims, protecr property and vessels in disfres·s,traces and• exhil)its related to the accidents; ~nsure navigation or,:Jer, safety and uninteruptedness; Where accidents or incidents cause harm td the environment, such must be immediately notified to the State management agencies in charge of environmental protection. 3. Police offices or other competent State agencies, when being informed of accidents on inland waterways, must conduct investigation in time and take handling measures according to law provisions. 4. People's Committees of the localities where accidents happen or accident victi9,is are detected shall have to render help to the victims; where there are clead people in accidents and their burial has been agreed by competent investi;iating agencies but their identities remain unknown '.Jr their relatives are unable to bury them, they shall bi.1ry the victims according to law provisions. Article 8.- Prohibited acts 1. Destroying inland waterway nn \' igation works; erecting obstructions to impede inland waterway navigation. 2. Illegally opening in land wt.'. : rwa y ports or landing stages; embarking and disembarking passengers or loading, unloading cargoes nol u; the prescribed places. 3. Illegally building houses, tents, stalls o: otlwr works on inland waterways in vio!atio11 df the protection of inland waterway infrastructwe.-,. 4. Dumping soil, rocks, sand, unwels 01 •)'.hw waste substances, illegally exploiting rnineraL'; within the areas of channels and channel pmtection corridors; putting fixed fishing gear, me,ms of fishing or rearing aquatic resources on channels. 5. Putting in inland waterway navigation vessels which fail to meet the operating conditions prescribed in Article 24 of this Law; using vessels at variance with their utility or with operation areas stated in the technical safety and environmental protection certificates of registry offices. 6. Arranging fewer crewmen than the prescribed complement when putting vessels into operation: crewmen or steersmen working on board vessels without professional diplomas or certificate-'3 or with improper ones. 7. Carrying hazardous, inflammable r.nd/or explosive cargoes, large animal:-; together with passengers, carrying passengers in excess of U18 vessels' capacity or safety waterline. 8. Working on board the vessels when !he alcoholic content in blood is higher than 80 milligrams per 100 milliliters of blood or thsrc is. more than 40 milligrams per 1 liter of breGthed air or there are in blood other stimular.ts banr:ed from use by law. 9. Escaping after causing accidents in order tc shirk responsibility; infringing upon human llk1 and/ or property when vessels are in distress; iaking advantage of accidents to cause disordBr thu~, hindering the handling of accidents. 10. Breaching the signal on wave-causing restriction or other ban signals. 11. Organizing illegal races or participating in illegal races of vessels on inland wat(,PVT{s; steering vessels in zigzag, causing danger to ctt·1er OFFICIAL GAZETTE vessels. 12. Abusing one's position and ;.'i. ·.vers to harass for bribes while performing one's duties; commi1ting, or permi1ting the commission of, acts of violating the legislation on ip'and waterway navigation. 13. Other acts of violating the legislation on inland waterway navigation. Chapter II PLANNlNG, CONSTRUCTION AND PROTECTION OF INLAND WATERWAY NAVIGATION INFRASTRUCTURES Article- 9.· Inland waterway navigation infrastructures 1. Inland waterway navigation infrastructures include inland waterways, inland waterway ports and landing stages, navigation ern!rnnkments and dams a:nd other support works. 2, Inland waterways are classii! ·d into national inland waterways, local inland waterways and exclusive inland waterways. Inland waterways are divided a:ccordihg to differenttechI deal grades. 3. The responsibility for organizing the infand waterway management and maintenance is decentralized as follows: a/ The Transport Ministry shall organize the management and maintenance of '1ationaf inland waterways; b/ The People's Committees of the provinces and centrally-run cities (herelnc Jter collectively called provincial-level People's Committees) shall organize the management and maintenance of local inland waterways; cl Organizations and individuals having exclusive inland waterways shall organize the management and maintenance of o,clusive inland waterways assigned to them. 4. Organizations and individu,,,::: specified in Clause 3 of this Article must anange forces to manage and maintain inland waterv11c,y:c; {hereinafter calli~d inland waterway man.sgerne111 units). 5. The Transport Minister shall decidG- 1-m th~! classification, tec!1n ical grading and crite:ri,:t o~ technical grades, pub\icizG inland ·watervvav rrn:1:e.?. and prescribe the managern1-rnt of i:1l,.:r1,! waterways. Arlic/e 10.- Planning on development cf 'rdur,,i waterway navigation infrastructures 1. The planning on development o'r inland waterway navigation infrastructures must be based on the socio-economic strategies, river bai,in plannings, other related plannings and dehr,se as well as security tasks. Branches, when formulating planning:J and projects on construction of works related t) jnlr,m~ waterway navigation, must :mlidt V/rittr:1·, (.p':1i:.'.n::: of competent State management agencies ir. charge of inland waterway navigation, 1:-)rcluclin~; flood and storm control and dyke protection wori,s. 2. The Prime Minister shall approve the c:vem\) planning on development of inland w&.terway navigation infrastructures at the proposal of thi:: Transport Minister. · 3. The Transport Minister shall assum(-, the prime responsibility for, and coordinate wif1, othe1 ministries and concerned Pcopto's Cc:mrrl"cte,::<, in, organizing the formulation·and approve.I of renki:,ni plannlngs on development of inland waterway navigation infrastructures on the basis of HJE· ovo,· ail planning already approved by the Prime Mir:ister. 4. Provincial-level People's Committevs shail organize the formulation and approval of detailed plannings on development of inL,rnd wft&rw;JY navigation infrastructures in their localitif:S on the basis of the regional plannings tin clevelo[)w?nt or inland waterway navigation infr,-:.str, Jc:urn',. 5. Agencies competent to approv9 tr;e pian1,inc,r:, on development of inland waterv.ray navipathn infrastructures shall have to make oulJLc sud· OFFICIAL GAZETTE Nos 29-30 (18-7--2004) plannings and decide on adjustments thereof. Article 11. - Construction, rrinovatio n and upgrading of inland waterway navigation infrastructures The construction, renovation and upgrading of inland waterway naviga1ion infras1ructures must comply with plannings, ensure tech,1ical criteria and navigation safety conditions fvr all subjects participating in navigation and comply with law provisions on investment, construction, dykes, flood and storm control. Article 12.- lnlandwaterway ni9ns 1. Inland waterway signs include buoys, .. . . . .. . . signboards, signal lights and 0ther auxiliary devices, aiming·to direct the navig!:ltion of vessels operating on ihhind waterways. · 2. The system of inland waterway signs includes: al Channel signs, which indicc1te the channel limits or the directions for ships to croceed; b/ Dangerous position signs, which indicate the places where exist obstructions or otl)er dangerous positions on channels. cl Notice sign, which display ban notices, restriction notices or instructions dn circumstances related to channels. 3. On the already publicized and managed inland waterway routes the systems of inland waterway signs must be installed and maintained. 4. Work owners, organizations and individuals that cause obstructions on inland waterways shall have to install in time and maintain inland waterway signs ac cording to regulations throughout the duration of construction of works or existence of such obstructions. 5. The Transport Minister shall specify the inland waterway signs. Article 13.- Inland waterway poi.;;, and !anding stages 1. Inland waterway port mea'ls a systom n" constructed works for vessels, sea-going ships tc berth, load and unload cargoes, embark anc1 disembark passengers and provide other ~1ervices. Inland waterway ports include:J public port.s and exclusive ports. Inland waterway !anding stage mca1s an independent place which has been reinforced fo~ vessels to berth, load and unload c3.rgoes, embark and disembark passengers. Inland landing stages include public landing stages and exclusive or:en. Exclusive inland waterway ports and ls.ndlng stages mean inland waterway ports and landing stages of one or several economic organizations, which are only used for loading and unloading cargoes and supplies in service of the production or the building or repair of vessels of such organizations. 2. The building of inland wate1way ports and landing stages must be in line with ptanni!1gs and ensure technical standards. 3. Organizations and individuals, when drawing up projects on construction of inland waterway ports or landing stages must obtain written opinions of competent State management agencies in charge of inland waterway navigation. 4. Inland waterway ports must be categorized according to different technical grad!JS. The➔ Transport Minister shalt prescribe technical grades and criteria of technical grades of lnland waterway ports as well as criteria of inland !anding s13.gos, except for the case prescribed in Clause 5 of tr1is Article. 5. The Defense Minister, the Public Security Minister and the Fisheries Minister shall, within the scope of their respective tasks and powers, prescribe the criteria of inland waterv,.1ay purls and landing stages engaged on defense and 3€curity tasks, fishing ports and wharves. Article 14.~ Contents and area ·Jf orotGclion c'i works belonginfJ to inland waterway navigation OFFICIAL GAZETTE infrastructures 1. To protect works belonging to inland watenNay navigation infrastructures is to ensure safety and useful life of such works and ta,, ~i measures to prevent, stop and handle acts of infringing upon such works. 2. The area of protection of work~ belonging to inland watervvay navigation infra:;hJctures covers works and their protection .corridors,• the airspace and underground space related to the safety of such works and the safety of inland waterway navigation, Article'15.- Channel protection 1. The ch~nriel protection area ~overs channels, their protection .corridors and UH airspace and underground space related to the safety of such channels. ahd the safety of inland waterway navigation. 2. All obstructions within the channel protection areas must be cleared or handled under the provisions of Article 16 and Article 5!0 of this Law. 3. Work investors or organizations and individuals engaged in the constrt.>r;tion of works or mineral exploitation within the chq.nnel protection areas must abide by the following provisions: a/ Whe~ formulating projoc~s on work construction or mineral exploiia tion, written opinions of competent State management agencies in charge of inland waterway navigation must be obtained; bl When building, renovating or upgrading works being road bridges, rail bridges, or other works spanning channels, the height and width of clear spans and safe depth of channel bottoms must be ensured according to the criteria of the technical grades of inland waterway navigation routes already determined in the publici2ed plannings; cf Before constructing works or exploiting minerals, plans on ensuring uninterrupted and safe navigation must be made and apnroved in writing by competent State management age,1cies in charge of inland waterway naviga;ion, d/ When completing works or lei n1in,,tinq \111: mineral exploitr.tion, obstr·c1ctions c::wsod uv thr, work construction or mineral expk,ita!icn n,!.:,./ ::;: cleared and there must be certifications of the, inland watenNay management units in cha1g\~ oi the areas in question that navigation on the channels has been ensured as before and the works' dossiers related to the channel proteGtion areas must be handed to the ir.land wate:-w3}· management units; el Compensation must be paid for ,j2mago caused to the c:hannel protection areas by work construction or mineral exploitation. Article 16.- Channel protection corridor::; 1. Within the areas of channel protection corridors, fishery and other activities must not hide) signs and affect the visibility of persons directly steering vessels and must comply witt1 Uw guidance of the inland waterway mansgnmeni units. When channel corridors chang01, Hw ·rdnnc waterway management units must inform suc!1 tc­ organizations and individuals engaged in fishery or other activities and ask them to relocate, nam)w or clear obstructions they cause on new channels. 2. Within the areas of channel protection corridors, houses and other works nurn·: not b6 constructed and mineral must not be exploited illegally. 3. Provincial-level People's CommiHeer; shaii prescribe in detail activities of marketpiacm;, fo,hinu villages, craft villages and other activities in th·,, channel protection corrido,s, ensurin~; uninterrupted, orderly and safe irilarid waterwa:, navigation as well as environmental protection. 4. The Government shall prei3cribe the 3.r0a,; o[ channel protection corridors. Article 17.- Protection of na1,igatio11 OFFtC\AL GAZETTE. embankments and dams 1. The area of protection of a navigation embankment is prescribed as follows: a/ For bank-casing emban\<..r11ents, lhis area stretches 50 meters from the head ~nd the end of such an embankment upstream ar•d downstream, at least 10 mete rs from the top of U 1,1 embankment toward the bank and 20 meters trornthe foot ofthe embankment towards the channet · bl For biow-plpe embankrne,1ts, including embankment clusters and single err1bankments, the area stretches 50 meters from th;~ foot of such an embankment upstream and downstream, at least 50 meters from the root of tht~ embankment toward the bankand 20 mete rs fron I the foot of the embankment's head toward the channel. 2. The area of protection of a navigation dam stretches 50 meters from both ends of the dam along the cente rlirie in each di rectk:in, 1 00 mete rs from the upstream fbot of the darn upstream and from the downstream foot of the dam downstream. 3. Within the areas of protection of navigation embankments .or dams, the following acts are prohibited: a/ Placing materials, vessels and equipment, causing slides of embankments or dams; b/ Anchoring or mooring vessels;· c/ Using explosives, exploiting iTI\,1 erals or other acts affecting embankments or danis. Article 18.- Protection of other wrn,:i<s betongi ng to inland waterway navigation infrastructures 1. For inland waterway ports and lc1.nding stages, locks, works used to help vessel& pass dams or falls, their protection areas cover !and areas and water areas as decided by competent State agencies. 2. For inland waterway signals, mooring pillars, mooring posts, water benchmarks, monuments, their protection areas stretch 5 metern, measuring tram the outermost point of eac~: side of such mooring pillars, mooring posts, water benc:1mc1.rks monuments outwards. 3. Within tho protection areas of the 1vork~1 prescribed in Clause 1 and Clause 2 of thi~ t~rlide, the following acts are prohibited: a/ Anchoring, mooring vessels or ani:n:11.s tc buoys, sign posts, water benchmarks or monuments; b/ Damaging, arbitrarily displacing, or reducing the effect of, signals; c/ Discharging hazardous substances, thus affecting the durability and usehi! life of work:?. Article 19.- Responsibilities for protectinq hla;id waterway navigation infrastructures 1. People's Committees at all ie·Jeib, organizations and individuals shall have to protec"t inland waterway navigation infrastructures, 2. Organizations and individuals, when detecting any damaged or infringed works belonging to inland waterway navigation infrastructures, must promptly inform the nearest People's Committees, inland waterway navigation rnanagement units or r,oficc offices thereof. The informed agencies or units must ta.ke remedial measures in time to ensure uninterrupted and safe navigation. Article 20.- Clearance of obstructions 1. Illegal obstructions on channels or channel protection corridors must be cleared to ensure safe navigation. Inland waterway management units shall have to compile dossiers to monitor obstructions v1hlch may affect inland waterway navigat:on safety 2. Organizations or individuals c,~uc,ing ol)structions shall have to clear them within the tinw limits prescrib1.:d by the inland watervrny management units; if they fail to clea, such obstructions within the prescribed time lirn:ts, the inland waterway management units shall clear such obstructions and the organizations or indi,,iduais causing obstructions shall bear all costs themfor. Nos 29-30 (18-7-2004) OFFICIAL GAZETTE 3. Inland waterway managernant units shall have to clear natural obstructiom; or obstructions caused by unknown organizatiom. lH individuals. Article 21.- Restrictions on navigation on inland waterways 1. Competent State management agencies in charge of inland waterway navigation shall publicize the specific 1ime, positions and navigation restriction extent of inland wa.erways in the following cases: a/ Unexpected emergence of obstructions, thus impeding navigation on the channGis; b/ Prevention and control of floods, storms, natural caiamities, rescue and salv;:,ge; cl Compe.tent agencies' requests regarding construction ot works, sport, festive, exercising activities or assurance of nationul defense and security on inlc:tnd waterways. 2 .. lhe Transport Minister shall prescribe the competence to publicize, and mea.mres to ensure navigation in, the cases specifiecl in Clause 1 of this Article, Article22.- Inland waterway management and maintenance The contents of inland waterway management and maintenance ·include: 1. Surveying, monitoring and roporting on the actual conditions of ch an ne Is; organizing navigation; inspecting and supervising the protection of works belonging to inland waterway navigation infrastructures; 2. Repairing and maintaining regularly or irregularly channels, signals, eqiJipment and service works on inland waterway navigation routes, facilities used for the management and maintenance of inland waterways; clearing obstructions; preventing, combating and remedying flood and storm consequences. ; Article 23.- Financial sour,;es for inland waterway management and ma int };7ance 1. Financial sources to Hnsure th8 inland waterway management and maintenance i11 clude: a/ The State budget; bl Other sources prescribed by law. 2. The Government shall specify the management and use of financial sources f.1r inkmd waterway management and maintenance. Chapter Ill INLAND WATERWAY VESSELS Article 24.- Operating conditions of vessels 1. Non-motorized vessels with a gross tonnagf, of over 15 tons, motorized vessels with totai main engine capacity of over 15 horse powers or V(!SSe!~, with a capacity of over 12 passengers, when operating on inland waterways, must ensui'e the following conditions: a/ Satisfying the quality, technical safety and environmental protection standards prescribed i'·i Clauses 2, 3 and 4, Article 26 of this Law; b/ Having inland waterway vessel registrat:cn certificates, technical safety .and environrnentnl protection certificates; being painted or stuck v1ith number plates, painted with safety wate1fr1es and the permitted numbers of passengers; c/ Having a sufficient complement of c ·e1N am: a crew list. 2. For non-motorized vessels with a gross tonnage of between 5 tons and 15 tons, rnotorizeci vessels wi1h total main engine capacity of betweer·, 5 horse powers and 15 horse powers or ',vi1.h .,; capacity of between 5 passeng0rs ar:c1 1? passengers, when operating on inland watsrwayi,, must ensure the conditions specified at Point a anc: Point b, Clause 1 of this Article. 3. For non-motorized 11essel,: witl1 ,l ]rOSE· tonnage of between 1 ton and under 5 tons eac~ or a capacity of between ,5 pqss8nger·s and 1 :2 passengers each, motorized v0sseli3 with total ma.in engine capacity of under 5 horse pow(t·s (H . , OFFICIAL GAZETTE capacity of under 5 passengers, when operating on inland waterways, must emwre safety, be painted with safety waterlines and liave registration certificates. 4. For rudimentary vessels with a gross tonnage of under 1 ton or a capacity of undw 5 passengers, when operating on inland waterway.s, must ensure safety according to regulations oi the provincial­ level People's Committees of the localities· where their owners. register their permanent residences. Article 25,- Vessel registration .. 1. Vessels which· are of lawful or igln, satisfy the quality, technical safety and environmental protection standards as prescribed by law shall.be granted registration certificates by competent Slate agencies. 2. Vessels of organizations or inc!ividuals shall be registered:at the places where \heir owners are headquartered or register their permanent residences. 3. Vessels must be re-registered when changing hands, changing•their names, technical properties or when their owners relocate their headquarters to, or register their permanent residences ih, other provinces. 4. Vessel owners must make declarations in order to have their names deleted and return the vessel registration certificates to the agencies where the vessels are registered in the following cases: a/ Their vessels are missing; b/ Their vessels are destroyed; cl Their vessels are irreparably d;:lmaged; d/ Their vessels are sold abroad· 5. The Transport Minister shall prescribe the registration of vessels, except for th,?se specified in Clause 6 of this Article. 6. The Defense Minister, the Public Security Minister and the Fisheries Ministei ;. shall, within the scope of their tasks and powers, prescribe and organize the repistration for V(,sscis engrg :ci o;-: defense or security tasks and fishing vess,:!ls. 7. Registration shall be exempt for ·Jessel:', specified in Clause 4, Article 24 of this Law. 8. Provincial-level People's Comrnittec➔s st1all organize the vessel registration aecordin9 to the regulations of the Transport Minister and organize the management of registration-exempt vr2sJcis. Article 26,- Vessel registry 1. Vessels specified in Clause 1 and Cl3.L?G 2, Article 24 of this Law shall be subject to re(Jistr1 ,' and their owners must implement the followino provisions: a/ When building, transforming, reps.iring vessels, they must have their design dossi8rs approved by registry offices; b/ In \he course of operation, \heir vessels must be subject to inspection by Vietnam Registry' offices in terms of technical safety and -environm0nta; protection; they must bear res~)onsibht:1 '!0: ensuring that their vessels satisfy the prescritK:e: technical safety and environmental protection standards in inspection intervals. 2. Registry offices,when inspecting the technicai safety of vessels, must observe the system of Vietnamese processes and standards and brand• standards. The heads ot registry offices e.nd the inspectors must bear responsibility for the inspection results. 3. The Transport Minister shall prescribe the quality, technical safety and environmental protection standards of vessels; prescribe and organize the uniform registry of vessels nationwids, excluding vessels specified in Clause 4 of this Article. 4. The Defense Minister, the Public S9cw·ity Minister and the Fisheries Mlnister3 shall, with:n the scope of their tasks a.nd powers, prescr!be the quality, technical safety and environr1EnLd prntection standards ot vessels sngaqeu on Nos 29-30 (18-7-2004) OFFICIAL GAZETTE defense or security tasks, and fish>·,q vessels, and organize the registry of vessnl~·. engaged on defense or security tasks, and fishing vessels. Article 2 7. - Establish men ts that build, transform and/or repair vessels 1. Establishments that build, transform and/or repair vessels subject to registry under the provisions of Clause 1, Article 26 of this Law must fully satisfy the conditions pre~ cribed by the Government. 2: When building, transforming or repairing vessels subjectto registry, the establishments must comply with lhe quality, technical safety s1andards and as weU as design dossiers already approved by registry offices. In the course of building, they must be subject to inspection anti supervision by registry offices regarding quality, t,,:c:hnical safety and. envi ran me.ntal protection standards. Article 28.- Import of vessels Imported vessels must ensuw the quality, technical safety and environmental protection standards; the importation of vessels must comply with law provisions. Chapter IV CREWMEN AND STEER!~MEN Article 29.- Titles of crewm~.n and criteria thereof 1. Titles of crewmen on board vessels include captain, vice-captain, chief enginw~r, deputy chief engineer, sailor and engine technician. Vessel owners shall have to sufficiently anange the titles and complement of crewman working on board their vessels and make crew lists as prescribed. 2. Crewmen working on board ·,1esse\s must ensure the following conditions: a/ Being aged full 16 years or oldi~r but not older than 55 years for women or 60 years for men; b/ Being physically fit and havinu annuai rredicai checks; c/ Having professional diplomas and certiflcates suitable to their ttles as well as the 1/pes of vessJb 3. The Health Minister shall reach agreoment with the Transport Minister on setting tlw health criteria for crewmen. 4. The Transport Minister shall pre:,;cribe the title criteria, responsibility regime and corn pl e rne nt of crewmen for each type of vessel, excluding tho case specified in Clause 5 of U1is /\rticle. 5. The Defense Minister, the Public Security Minister and the Fisheries Minister shall, within the, scope of their tasks and powers, prescribe the title criteria, responsibility regime and complement oi' crewmen tor vessels engaged on defErnse or security tasks, and fishing vessels. Article 30.- Professional diplornclS and certificates 1. Captain's and chief engrneer's dip!omns are classified into three classes: iirst ct ass, .st,co nd class and third class. 2. Professional certificates include basi:; safety training certificates, prcifssSional certificate:;; and special professionaJ certificates 3. Professional diplomas and certificate3 of crewmen and steersmen shall be withdrawn or their use rights shall be deprived of according to iaw provisions. Article 31.- Training, grant of profes~ional diplomas and certificates 1. Establishments engagnd in tr2.ining ctswtT1or1 and steersmen must fully satisfy the conditions specified in Clause 3 and Clause 4 of thifi A:ticlo. 2. The training of crewmen and steorsrrwn must follow the contents and programs prascriLwd for each class of d'rploma and \ype cl profest;1urw1 certificate. 3. The Transport MinistN shall prescr1ba Hrn conditions of establishments engaged in trc:ininq OFFICIAL GAZETTE crewmen and steersmen; enrolrn,mt regulations, training contents and prograrns, types of prof essi anal cert if ica te s; re<') 1Jla tlo n s on examination, grant or changing ot diplomas and certificates of crewmen and vest, )s steersmen, except for the case specified in Cr.use 4 of this Article .. 4. The Defense Minister, the Public Security Minister and the Fisheries Minister ·,hall, within the scope of their tasks and powers, prescribe the conditions of establishments engaged in training crewmen and steersmen; enrolment regulations, training contents and programs, types of professional ce rfifica tes; re tl u I a lions on examination, grant'or changing of diplomas and certificates of crewmen and steersmen of vessels engaged on defense or security tasks, and fishing vessels. Article 32.--. Conditions for sitting· examinations to acquire captain's and chief engir ,eer's diplomas of higher class 1. Holders ·,of third-class captain's or chief engineer's diplomas, who have worked under the third-class diploma titles for at least 24 months or worked under their trained titles kr at least 12 months, for graduates of specialized intermediate vocational schools, may sit examinations to acquire secondwclass captain's or chit•f engineer's diplomas. 2. Holders of second-class captain's or chief engineer's diplomas, who have worked under the second~class diploma titles for at least 36 months, may sit examinations to acquire fimt- class captain's or chief engineer's diplomas. Atticle 33,w Holding of the capt::1in title 1. Crewmen who have a first-class captain's diploma may hold the captain title for the following vessels: b/ Ferries with a gross tonnage of ever 151J ,on:0' each; cl Cargo vessels witt1 a gross tonnage of ov0r 500 tons each; d/ Tow convoys with a gross tonnage o' over 1,000 tons each: e/ Vessels other than those spedf:ed et !'cn,,L' a, b, c and d, Clause 1 of this Artic:e, with tota' main engine capacity of over 400 horsE, powN,, each. 2. Crewmen who have a second·c!ass car:,tain's diploma may hold the captain title for the following vessels: a/ Passenger lines with a capacity of between over 50 passengers and 100 passc·mgers Hact1; b/ Ferries with a gross tonnage cf betwGen ewe, 50 tons and 150 tons each; cl Cargo vessels with a gross tonraqe of between over 150 tons and 500 tons each; d/ Tow convoys with a gross tonnage of over 400 tons and 1,000 tons each; e/ Vessels other than those specified a: F oints a, b, c and d, Clause 1 of this Article, with total main engine capacity of between c;ver 150 ilorse powers and 400 horse powers aach. 3. Crewmen who have a third-dnss capfnin's diploma may hokl the captain title for the followinQ vessels: a/ Passenger lines with a capacity of between over 12 passengers and 50 passengers eac'.·1; b/ Ferries with a gross tonnage of up to 50 tons each; c/ Cargo vessels with a gross tonnarie of between over 15 tons and 150 tons each; di Tow convo:1s with a grnsf. tonnage d 'D •;--; 400 tons each; el Vessels other than those spedfied nt Foir1\t; a, b, c and d, Clause 1 of this Article, with total a/ Passenger liners with a capa~:ty of over 100 main engine capacity of between OV>:!r 1 E, hor~,e passengers each; powers and 150 horse powers each. Nos 29-30 (18-7-2004) OFFICIAL GAZETTE 4. Crewmen who have a captain's diploma of a higher class may hold the captain title in vessels of a type for which the captain title ol s1 lower class is required. 5. Crewmen who have a captair1 ;, diploma may hold the deputy captain title in ves.< 0ls of a type for which the captain rnle o1 an immediate lower class is required. Article 34.- Holding of the chief .angineer title 1. Crewmen who have a 1irst-c\ass chief engineer's diploma may hold the chief engineer title for vessels with total main engine capacity of over 400 h'ors~ powers each. 2. Crewmen who have a second-class chief engine~r's diploma may hold the chief engineer title for vessels with total main e11;1ine capacity of between over150 and 400 horse, :iowers each. 3. Crewmen who have a see;-nnd-class chief engineer's diploma may hold th8< chief engineer title for vessels.with total main engine capacity of between over 15 and 150 horse po,wers each. 4. Crewmen who have a crief engineer's diplom~'of a' higher class may hold the chief engineer· ti.tie in vessels of a type for ·.Vhich the chief engineer's tiUE::l of a lower class is 1rquired. 5. Crewmen who have a cl,ief engineer's diploma may hold the deputy chief ,·:-r1gineer title in vessels of a type for which the chief engineer's title of an immediate higher class is required. Article 35.- Conditions on steorsmen 1 . Steersmen of non-motorized vessels with a gross tonnage of between 5 tons and 15 tons each, motorized vessels with a total main engine capacity of between 5 horse powers and 15 horse powers each or a capacity of between 5 passengers and 12 passengers each must fully sat;sfy the following conditions: a/ Being aged tu 11 18 yea rs or oide r but not older than 55 years for women, or than 60 years for men; b/ Having a medical agency's certificate that he/ she is physically fit, and can swim; c/ Having a steersman's certificate. 2. Steersmen of non-motorized Vt'¾ssels with ,i gross tonnage of under 5 tons or n capacity of up to 12 passengers each, motorized vesse's wit!1 c. total main engine capa.city of under 5 horse r:;owe:: ': or a capa.clty of under 5 passengers each must be• aged f u II 15 years or o Ider, physica I ly fit, can sw i rn, must have been trained in inlJ.nd wnti;;rwa;.' navigation legislation and granted traininQ certificates therefor. In case of using vHsseis for business purposes, the steersmen's age mu:-, 1: comply with the provisions of Point a, Clause 1 of this Article. 3. Provincial-level People's Committee.$ st1al' organize the training and grant of vesse!t, steersman's certificates and certificates cf infmw watel'#ay navigation law training to s1een:men. Chapter V NAVIGATION RULES AND VESSELS' SIGNALS Section 1. NAVIGATION RULES Article 36.- Observance of inland waterway navigation rules 1. Captains or steersmen, when steering vosr..;els on inland waterways, must obey inland W:3.t,::!rwa~' navigation rules and signals prescribecl in t1h') L::.1w 2. Sea"going ship captains, when steering sea" going ships on inland waterways, must obey inin(ld wateiway signals and navigation rules applicahle to motorized vessels. 3. Captains or steersmen of vesseis ur,d,2rw:01y must steer their vessels at safe speeds so t11b.t they can handle circumstances to avoid col\isio11, W)\ \.,) cause danger to other vessels or harm works; keep a safe distance between their ve~·sels ar d oti101 vessels; must slacken the cipeed of their vu,:,e!s in the following cases: a/ Navigating in close proximity to vessels beinq OFFICIAL GAZETTE Nos 29-30 (18'"7"2004} on operation on channels, ves•,.T:s in distress, vessels transporting dangerous c.;,,-goes; b/ Navigating within the area 1> an inland port or a landing stage; c/ Navigating close to dykes or embankments during the spate time. 4. Captains or steersmen of vP::sels underway must not cling or tie their vessell:' to passenger vessels or dangerous cargo vessels ,:tlso underway or let passenger vessels or dangerous cargo vessels cling or tie to their vessels, f ixcept for the case of rescue, salvage or hrce majeure circumstances. Article 37.-Navigating under rentricted visibility conditions and at crosswchannels o• Ghannel bends 1. When navigating under conditions of mist, fog or heavy ·raih or other causei:, which restrict visibility, captains or steersmen must slacken the speed of their vessels and at the sar1e time release sound signals as prescribed in Ck11 ,i,e 1, Article 48 of this Law and arrange lookout;; at necessary places on board the vessels. If the ·oute cannot be seen clearly, they must anchor. their vessels, arrange lookouts and release sound signals as prescribed in Clause 2, Article 48 of this Law. 2. When their vessels arrive at ,~ross-channels or channel bends, captains or Si,•ersmen must slacken the speed of their vessels, mlease signals repeatedly as prescribed in Article 46 of this Law and keep their vessels to the sigrn,.lf'd side of the channel WI their vessels pass the f":,uss-channels or channel bends. Article 38.- Priority rights of vessels on special duty 1. The following vessels on special duty shall be given priority passage when oassing locks, culverts, dams, irregularly opened bridges, navigation control areas, cross-cha1'.,nels or channel bends in the following order: a/ Fire-fighting vessels; bl Salvage vessels; cl Dyke prottction vesseis; d/The army's or police's vessels on emer:;r.mcy duty; el Vessels or vessel convoys escorted o; guideri by the police. 2. Vessels prescribed in Clause 1 of this Artie!,., must early release maneuvering signals prescribed in Article 46 cif this Law. 3. Captains or steersmen of vessels not specified in Clause 1 of this ArticlfJ, when rneinp or hearing the signals of the -1esseb on sp,>::!e.! duty, must slacken the speed of their vessels, kec,;.1 their vessels to one side of the channel in , w1E,r· to give way. Article 39.- Head-on vessels keeping out of each other's way 1. When two head-one vessels are in dtmger of collision, their captains or steersmen must slow down their vessels and keep out of the way of, anct give way to, each other on the foflowing pr11ciplocc:: a/ The vessel sailing upstream must keep out of the way of, and give way to, the vessel sailing downstream. ln case of standing water, the ve~,Viei that releases the signal earlier must l1ave its way kept out and given way by the other vessel; b/ Rudimentary vessels must keep ou( of the way of, and give way to, motorized v0ssels, vEssels with a smaller engine capacity must keep out of the way of, and give way to, vessels with a larger engine capacity; vessels proceeding alone ;nu~,l keep out of the way of, and give way ·'.o, tow convoys. c/ AU vessels must keep out of t!1e way of rafts as well as vessels that are releasing nc,t•u,1der" command signals, vessels in distress or '.lessel.'., being on operation on channels. 2. When keeping out of the way of B.Mtr1~:r vessel, the vessel which is given way must early release a maneuvering signal under tho provi,,;ions OFFICIAL GAZETTE of Article 46 of this Law and must sail to the signaled side of the channel and the other vesse I must keep out of the way and give way. Article 40.- Crossing vesse!f i<eeping out of each other's way When two crossing vessels we in danger of collision, their captains or steersmen must slow down their vessels, keep out of the way of, and give way to, each other on the following principles: 1. Rudimentary vessels must keep out of the way of, and give way to, motorized .vessels; 2. All vessels must keep out of r,e way of rafts; 3. Any motorized vessel, when ';eeing the other motorizedve-sse1 on its starboard side, must keep out of the way of, and give way to .. ';uch vessel, Articfi41.-Sailboats keeping out of the way of one a.nether' 1. Vess.els, when proceeding under sail, shall keep out of theway of one another on the following principles: a/ Boats sailing windward keep out of the way of boats sailing leeward; b/ Boats having the wind on their port side keep out of the way of boats having the wind on their starboard side; c/Boats sailing with greater wind exposure keep out of the way of boats sailing with lesser wind exposure. 2. Other rudimentary vessels m~st keep out of the way of sailboats. Arlicle 42.- Vessels overtakin~,i others 1. Vessels overtaking others sh,dl observe the following principles: a/ Vessels intending to overtake must release a long blast repeatedly; b/ Vessels to be overtaken, wl •en hearing this blast, if finding overtaking safe, must slow down and release a maneuvering signal under the provisions of Point a or Point b, Clause 1, Article 46 of this Law, and keep to the signaled sidri of the channel ti!I the overtaking vessels are finally pw;t and clear; if finding overtaking lmpm,sible, ,t mu~~t release 5 short blasts; cl Vessels intending to overtake can ov,~rtak--: only when hearing the maneuvering sound signs.is of to be-overtaken vessels; Wl1ile overtaking, they must release the sound signal indicating the stcJ-3 on which they are to overtake and must keep o. safe horizontal distance from the overtaker vessel::,. 2. Vessels intending to overtake must net overtake in the following cases: a/ At the places where there are nc-ove:--taking signs; b/ There are vessels approac:1ing ,)r obstructions ahead; c/ At cross-channels, channel bends or at placo:3 where there are narrow- channel signs; d/ When sailing through the clear spans of bridges, culverts, through locks or navigation control areas; el Other caseswhere safety is not guaranteed. Article 43.- Vessels samng through tho clear spans of bridges·orcu!verts 1. Before steering their vessels through the elem spans, captains or steersmen must observe the following provisions: a/ Firmly grasping the width and height parameters of the clear span, the state of tho channel and current flow; b/ Checking the system of st&ering, anchors, anti-shock cushion, and support poles; c/ For tow convoys, making a plar nn th.;> assembly of the convoy suitable to the vvidth nr:i height of the clear span and assigning specific duties to each crewman. 2. Captains or steersmen shall steer their vessels through the clear spans only when they deem that all safety conditions are met; in CB.Se C'f necessity, they must ask for guidance of th'.'1 OFFICIAL GAZETTE navigation regulation sections er the inland waterway management units. 3. Captains or steersmen m•gt steer their vessels through the right spans where the clearance signal is shown; for clear spans with chan11el-directing buoys, they must steer their vessels between the two buoy linei:. 4. Where there are whirlpools •Ji swift currents at the clear spans, if finding it unsaLJ, the captains or steersmen must take measure~ to steer their vessels safely through the clear spans; in case of waiting to pass through the clear spi:ms, the vessels must be firmly anchored in safe positions and lookouts must be. arranged on boa<'d. 5. In navigation• control area:<;.- captains or steersmen mu.st dbey the navigation controllers' orders. Anic/e 44,~ Anchoring of vesseL 1. Vessels>rriust be anchored ar - :,e prescribed places in inland waterway ports or landing stages, observe the internal rules of such p)rts or landing stages and lookouts must be arranoed on board. Vessels anchored alongside a bank must arrange a gangway for crewmen of vessels anchored outside and people on official,duty to pass through. 2. Where it is necessary to anchor vessels outside the area of an inland waterway port or landing stage for passengers fo embark or disembark or for cargoes to be loaded or unloaded; the permission of the competent State management agency in charge of inland waterway navigation is required. Other ves::els may stop alongside these vessels for passenr:ers to embark or disembark or for cargoes to be )ransshipped when the fatter have been moored. 3. Before leaving an inland wat,1rway port or landing stage or their berths, vessel$ 1!1ust release sound signals and may raise anchor ui t iy when they deem it safe. 4. Vessels must not be anchored ,.,r moored in mid-channels, at cross-channels or cha.nnei h:,r;ds, within the protection corridors 01 brid9'2.s or '.)\l 11:>r works, and in places wl1ere exist no-an1:h::iring signs. Section 2. SIGNALS OF INLAND WATEHWA\,,­ NAVIGATION VESSELS Article 45.- Signals of vessels 1. Signals of vessels, which are used tn notify the vessels' operating state, include: al Sound signals, which are sound ;:;ignE!s sent out from whistles, bells, gongs or other things; b/ Light signals, which are lighted signals 'Jsed from sunset to sunrise or in case of restricted visibility; cl Signs, which are objects with specific sh2;pes, colors and sizes tor use in the cases prnsc1'i'Jt,d \)'.t this Law; d/ Signal flags , which are flags with specific shapes, colors and sizes for use in the cases prescribed by this Law. 2. The Transport Minister shall µrescrEJe the technical standards of sound signals, light s:gnab, signs and flag signals. Article 46.- Maneuvering signals 1. When needing to alter their vessels' course, captains or steersmen must release sound signals to maneuver the vessels they are steering RS follows: a/ One short blast to mean: altering the co,x%, to starboard; b/Two short blasts to mean: altering the co'.w,e to port; c/ Three short blasts to mean: operating as torn propulsion. 2. Apart from sound signals specified in Cl211se i of this Article, vessels may at the same ti mo send out light signals as fo!Jows: a/ One flash to mean: altering U1e colirs, , to Nos 29-30 (18-7-2004) OFFICIAL GAZETTE starboard; bl Two flashes to mean: alterir q the course to port; cl Three flashes to mean: opuating astern propulsion. Article 47.-Warning sound si);;:·!als Captains or steersmen shall notify the operating state of the vessels they are steering with the following blasts: 1. Fourshort blasts to mean: Galling for help; 2. Five short blasts to mean: cannot give way; 3. One long blast to mean: asking for passage; attention; 4. Two long blasts to mean: stop; 5. Three fong blasts to mean: about to enter the landing stage,, leave the landing stage, farewell; 6. Four-long blasts to mean: as'<ing for opening of bridge, culvert or lock; 7. Three short blasts followet' by three long blasts followed by three short blasis to mean: man falling overboard; 8. One long blast followed by two short blasts to mean: the vessel has run aground or is engaged on an operation on the channel; 9. Two long blasts followed by two short blasts to mean: the vessel is not under command. Attic/e 48.- Sound signals in case of restricted visibility When visibility is restricted by rnfst, fog, heavy rain or other causes, vessels must release sound signals as follows: 1. A long blast at intervals of two minutes to mean: the vessel has slowed down or turned off its engine but is· still making through the water; 2. Two long blasts at intervals t·~ two minutes to mean: the vessel has stopped. Article 49.· Classification of ve: • ,els for the use of signals Vessels are classified [nto th-.1 fc!to 1vi ,q ',;:: categories for use of signals: 1 . Category A cove rs motorized vesse Is 'Ni th to ta. I main engine capacity of 50 horse powers or more each; 2. Category B covers motorized vesse 1s wiU·: total main engine capacHy of 5 horse power.s and under 50 horse powers each; 3. Category C covers non-motorized vessr,.'\:; with a gross tonnage of 50 tons or more ea::h. 4. Category D covers rnotoriznd vesseis •,vitl 1 total main engine capacity of under 5 horsci powe;,, and non-motorized vessels with a gross tonnag(, of under 50 tons each; 5. Category E covers rafts of over 25 meters in length and over 5 meters in breadth each; 6. Category F covers rafts of up to 25 metert ir1 length and up to 5 meters in breadth each. Article 50.- Signal lights on vessels prcccer'.inn alone 1. For category•A vessels: al The light mast shall be exhibited with s. wnilP fore light at least 3 meters above the water surface; two sidelights,the green.one on the starboard side and the red one on the port side, placed latcraHv and lower than the white fore light at least one fourth of the white fore light's height; a white stern!igh"! placed lower than the white fore ltqht, shan be exhibited; bl For vessels with a design speed o~ 30 km/ hour or higher and the greatest length of 1 ~) rm~l1)r:: or longer, in addition to the signal lights !:,pcciiied at Point a of this Clause, the light mast shall Lw also exhibited with a flashing yellow light 0.5 muter above the white fore light; c/ For vessels with a design speed ot 20 km/ t1ou r or higher and the greatest lePgth of un,Ji-Jr ·12: meters, the light mast shall be exhibited win-1 n flashing yellow light; di For vessels with a design speed of t:nd0r ;j(,; OFFICIAL GAZETTE Nos 29-30 (HF7·1-0D4) km/hour and the greatest length of under 12 meters, the light mast shall be exhibited wU1 a signal light as required for category-B vessel;:; nrescribed in Clause 2 of this Article. 2. For category-B vessets, the !i,::jht mast shall be exhibited with a hatf-green and n;:.:f-red light at least 2 meters above the water sur.n.::e. 3. For category-C vessels, two sidelights, the green one on the starboard side a11d the red ohe on the port side, and a white ster ilight shall be exhibited. 4. For category-D vessels, a White light placed at least2 meters above the water surface shall be exhibited. 5. For category-E vessels, a r~~d light shall be exhibited amidshlp.s; two white iights shall be exhibited on· the centerline of the rtift, one at the fore and one.at the aft; for a raft of 15 meters in breadth, the, 'Nt1ite lights on the centerline shall be substituted with four white lights placed at the four corners of the raft, at least 1.5 mek,rs above the Water surface. 6. For category~F vessels, a red light shalt be exhibited amidships, at least 1.5 meters above the water surface. Article 51.- Signals 'on tug com,ovs 1. For category-A tug vessels: a/ At night, in addition to the signal lights specified in Clause 1, Article 50 of this Law, when towing, the light mast shall be also exhibited with a white fore light if the tow convoy is of under 100 meters in length or two white fore lights, 1 meter away, shall be also exhibited if the tow convoy is of 100 meters or more in length; bl At daytime, on the fight mast, ea.ch white fore light shall be substituted with a si9: i consisting of two overlapping black balls, each of 0.3 meter in diameter. 2. For category-B tug vessels: a/ At night, in addition to the half-cy·een and half red light, when towing, on the light mast, a whi1(, light shall be also exhibited 0.5 meter highe, th2.n the halt-green and l1alt-red light; b/ At daytime, on the light mast :wo sig11s .'.;hall be hoisted, each consisting of two over:appit1r; black balls, of 0.3 meter in diameter. 3. For tugged vessels: a/ For category-A and category-G vessEls, only leading vessels shall exhibit sidelights; if vessels are assembled in many rows, the outerrno'.:d vessels shall exhibit lights on the outward sides white the vessels towed last must exhibit white stern!ights; bf Category-8, category-O, category-E and category-F vessels shall exhibii corresponding signal lights prescribed in Article 50 of this Law; c/ Where only one vessel is tugged with nobody on board and the length from the stern of the tum:JecJ vessel to the stern of the tug vessel dee:, not exceed 6 meters, the tugged vessel is not reqiJired to exhibit fights. Article 52.-Signals on convoys towed alc,ngsicle 1 . On category-A towing vessels: al At night, in addition to the signal lights specified in Clause 1, Article 50 of this I.aw, ti1e light mast shall be also exhibited with a whitE fore light 1 meter higherthan the first white fore !igl1t; b/ At daytime, the light mast shal! b(➔ ho'stod with two signs, each consisting of two overla~1ping black balls, each of 0.3 meter in diameter. 2. For category-8 towing vessels, they shall exhibit the signals prescribed in ClauGe 2, A; ttc;le 51 of this Law. 3. For towed vessels: a/ Category-A and category·•C vessel:~ sha !! exhibit sidelights and white sternlights; b/ For categmy-B, category-□ and ca.tegmy·f:: vessels, a ute rmost vessels EC hal i Exi1ihi1 corresponding signal lights as presdbed in Article 50 of this Law; vessels in the center ai'e not required Nos 29-30 (18-7-2004) OFFICIAL GAZETTE to exhibit lights. cl Category-E vessels shall ox~iibit a red light amidships, two white lights at two outer corners; all of these lights must be placed at least 1.5 meters above the water surface. Article 53.- Signals on conv,,ys towed by pushing 1. On category-A pushing ves:,c:,!s: a/ At night, in addition to tho signal lights prescribed in Clause 1, Article 50 of this Law, the light mast shall be also exhibited with a green light 1 meter higher than the white fore light; b/ At daytime, the light mast shall be hoisted with a sigrfc:onsisting of two overlapping black equilateraltriangles, with their apexes upwards and each side of 0;3 meter in length. 2. on; category-B pushing vet,~ds: a/ At hight, in addition to ti' (J signal lights specified ih Claus.e 2,' Article 50 •)f this Law, the light mast shall be exhibited with a green light 0.5 meter higher than the halt~green and half-red lights; bl At daytime, hoisted on the light mast must be a sign prescribed at Point b, Clause 1 of this Article. 3. For pushed vessels: a/ For category-A and category-G vessels, the leading vessels shall exhibit sidelights; where the vessels are assembled in many rows, only outermost vessels must exhibit c--Jrresponding sidelights; b/ For category-B and category-O vessels, leading vessels shall exhibit corrnr;ponding signal lights as prescribed in Clause 2 and Clause 4, Article 50 of this Law. Article 54.-Signals on mixed tow convoys 1. For towing vessels with capl,ii 1s commanding the tow convoys: a/ On category-A vessels: At ,,ight, in addition to the signal lights prescribed in Giause 1, Article 50 of this Law, the light mast shall be also exhibited with two green lights, one higher than and ~tie other lower than the white fore light, 1 meter :1.way; ct daytime, the light mast shall be l1oisted w,U I tw-J signs, each consisting of two over!apphi!;; bla6; rectangles sized 0.3 meter x 0.6 'lleter, vvith their apexes upwards; b/ On category-B vessels: At night, in additio,·, to the signal fights specified in Clause 2, /-.rtlclc 50 of this Law, the light mast shall bt~ oxhib;ted 1vith two green lights, 0.5 meter away, and the lower one being 0 .5 meter higher than the h a/f-g re en and half-red light; at daytime, the light mast shall be hoisted with a sign as prescribed at Point a or thiG Clause. 2. For support towing vessels: at night, the iigt1 i mast shall be exhibited with correnpondirg sif;tvi! lights as prescribed in Clause 1 and Gause :d, Article 50 of this Law. 3. Towed vessels shall exhibit correspondinu signals as prescribed in Clause 3 of Article 51, Clause 3 of Article 52 and Clause :3 of Arlidfl 53 oi' this Law. Article 55.~ Signals on ves~,els not dndc.­ command When their v13ssels no longer operate u 1cer th.; command of the captains or steer~:men, -::rn 111c1 signals must be released according to the provisions of Clause 9, Article 47 of this La-N o.nc at the same time signals must be displayed at; follows: 1. At night, a red light shall be exhibited at thf, highest position of the vessel, if U1e vessi}I is still making way through the water, it mL:st, tor catn901y A vessels, additionally exhibit sidelights and a whits sternlight or, for category-B vosse,s, a he If· tp.!e: and half-red light; 2. At daytime, hoisted a! the highest posi'.ion o:­ the vessel shall be a sign consisting ot twc, overlapping black square-corner diamonch, wiih each side being 0.3 meter in length and their apexes upwards. . . ....... -• OFFICIAL GAZETTE Article 56.- Signals on anchor(1d vessels 1. At night, a vessel with the g•u.i.test length of 45 meters or under shall exhibit i; white fore light at least 3 meters above the water :,,.uface; a vessel with the greatest length of over ,-: '.\ meters shall additionally exhibit a white sternlight ·1 meter lower than the white fore light. At places where narrow-chanm)I signs ate put up, anchored vessels shall additinnally exhibit a white light at the position nearei;t to the mid­ channef. Rafts anchored outside inland waterway ports or landing stages shall exhibit a red llfit amidships and two white lights at the two comers toward the channel. 2. At daytime; hoistedat the fore shall be a sign consisting of two overlapping black balls, of 0.3 meter in diameter each. Article 57:~ Signals on vessels engaged in operations or vessels aground or, channels 1. For vessels engaged in opem't,ons or vessels aground on channels where part of channel is still navigable: a/ At night, at the highest position of the light mast, two lights, the red one 1 meter higher than the green one, shall be exhibited; at tne side looking to the navigable channel part a whikJ light 2 meters above the water surface shall be exhibited; b/ At daytime, hoisted at the highost position of the light mast shall be a sign conrdsting of two overlapping black squares, with each side being of 0.3 meter in length and their ape,ff:S upwards. 2. For vessels engaged in operations or vessels aground on channels, thus entirely blocking passage: a/ At night, at the highest position of the light mast two red lights, 1 meter away sha[lbe exhibited; b/ At daytime, hoisted at the higl·,est position of the light mast shall be a sign car ,sisting of two overlapping black squares, with Fa-::h side of 0.3 meter in length and their apexes u;Jwards. 3. At cross-channels or channel bends v1hero visibility is restricted, in addition to the si9na!s prescribed in Clause 1 and Clause 2 of this Article, vessels must arrange look-outs and releas(-: tound signals as prescribed in Clause 8, l,rtic!e 4· 7 of thic1 Law. Article 58.- Signals on motorized patsenger· vessels 1. At night, in addition to the signal lights prescribed in Clause 1 and Clause 2, Article 50 ot th is Law, throughout their voyages, moto rizEJci passenger vessels shail exhibit a flashing white light, placed 1-meter higher than the white torr, light or 0.5 meter higher than the half-green and half­ red light. 2. At daytime, at the highest position of the ligl1l mast, a yellow pennant shall be hoisted. Article 59 . ..:. Signals on dangerous cargo vessels 1. At night, in addition to the signal lights prescribed in Article 50 of this Law, at the l'tighnst position of the Hght mast, a red light sl1all be exhibited. 2. At daytime, at the highest position of Hie light mast a letter-B signal flag shall be hoisted. Article 60.- Signals on fishing vessels 1. At night, in addition to the signal 1:ght~: prescribed in Article 50 of this Law, vessels v:hich have spread fishing nets shall additionally exhibit 'in the direction of the nets two lights, the whit12 one being higher than the green one and the green one placed at least 2 meters higher tt1an the water surface. 2. At daytime, vesse!s with the greatest leiVJth of 20 meters or more shall exhibit on the light ma.s,t a sign consisting of two white equilateral tri,1nqles, each side being •Jf 0.3 meter in ler.gth, wi1h ,!lei1 apexes together one above the other in a ve:-tical line; vessels with the greatest length of under 20 meters shall exhibit on the ligllt mast a sign Nos 29-30 {18-7-2004) OFFICIAL GAZETTE consisting of two overlapping W!nle balls, of 0.3 meter in diameter each. Article 61. - Signals on vesse Is with men f al Ii ng overboard 1. At night, exhibited on the i;'cp: mast shall be three lights 1 meter away, the I 1 ighest and the lowest being red, the middle beino green, and the lowest re.d light being 2 meters higher than the water surface and sound signals shall be continuously released as prescribed in Clause 7, Article 47 of this Law. 2. At daytime, a letter-0 signal shall be hoisted flag on the light mast and at the sa.,ne time sound signals shall be continuously released as prescribed in.Clause 7, Article 47 of this Law. Article 62.-Signals on vessel~ calling for help of inland waterway police or inspecmrs 1. At night,the light mast shall be exhibited with two lights, the green one being 1 m,Jter higher than the red one. 2. At daytime, a green flag shall be hoisted on the light mast Articie'63.- Signals on vessels with diseased people or animals 1. At night, at the highest pof,i1ion of the light mast, a yellow light shall be exhit,i\ed. 2. At daytime, on the light mast a letter-a signal flag shall be hoisted above a letter-L signal flag. Article 64.- Signals on vess-:.ils in distress, calling for help 1. At night, on the light mast shtdl be exhibited with a flashing red light and continuc,us short blasts sh al I be released or continuous be Ii er gong sounds shall be made. 2. At daytime, on the light mast, a fetter-N signal flag shall be hoisted above a letter-C signal flag and sound signals shall be released as prescribed in Clause 1 of this Article. Article 65.- Signals of navigation inspection posts, patrol and navigation inspection vf1s:',E:.+, Inland waterway police shall put up ,~;grds .- f navigation inspection posts, patrol and nav:r.Jat!cn inspection vessels as tallows: 1. At navigation inspection posts, at tliqr, positions where it can be best seen: a/ At night, on a vertical mast, two li9h•r,;, tho green one being 0,6 meter higher than t,1£ whit-c:' one, shall be exhibited; b/ At daytime, a letter-K sigm.l flag sha.11 h) hoisted. 2. On navigation patrol or control vessel:1: a/ At night, in addition to the signal lights specified in Article 50 of this Law, at the highest position of the light mast, two lights, the green one being 0.6 meter higher than the white one, shali bt:! exhibited. b/ At daytime, at the highest position of the Uuht mast a letter-K signal flag sha!! be hoish:{I. Article 66.-Slgnals to ask vessEls for m:vioati.:,1·; inspection In addition to the signals presGril:Ject i:1 !l,diclc 65 of this Law, waterway navigation poEcE> s:mi: release signals to ask vessels to come fo· navigation inspection as follows: 1. At night, in the direction of the vessels whrch need to be inspected, a long flash, followed by n short one, followed by a long one, shall be teieaseu simultaneously with a long blast followed b'/ a sher~ one followed by a long one. 2. At daytime, in the direction of the vw;'.,;ei·::: which need to be inspected, the letter-K siiJna! fine; shall be waved three times vertically dovmw;:ircfr and at the same time a long blast followed by "'· short one followed by a long one shall be mleasel. 3. The vessels which receive the sigcisk prescribed in Clause 1 or Clause 2 of this ,\rtlc!e must submit to the inspection according to law provisions. Article 67.- Signals on vesseis enq;~gGd or, OFFICIAL GAZETTE Nos 29-30 (18-7-2004) special duty In addition to the signal lights specified in Article 50 of this Law, vessels engaged on special duty must use simultaneously sound :c.:ignals, signal lights and signal flags as follows: 1. Priority whistles with special sounds; 2. Rotating signal lights fitted or, the light mast, with the following colors: al Green color for fire-fighting ;essels, police vessels engaged on emergency duty; escorting or leading duty; b/Red color for salvage vessels, dyke protection vesselsj military vessels engaged on emergency duty. 3. Signal flags: a/ Whiteflag with a: red cros :' for salvage vessels; b/Red pennant with a military ba1)(1e for military vessels; c/ Green pennant with a police badge for police vessels; d/ Red pennant for fire-fighting or dyke protection vessels. Article 68.- Signals on pilot vessels 1 . At night, in addition to th+.1 signal lights prescribed in Article 50 of this Law, rm the light mast two lights shall be also exhibited, with the white one being 0.5 meter higher than th1~ red one which is also O .5 meter higher th an the w ! , 1te fore If ght or the half-green and half-red light. 2. At daytime, on the light mast, a letter-H signal flag shall be hoisted. Chapter VI ACTIVITIES OF INLAND WATERWAY PORTS, LANDING STAGES, PORT AUTHORITIES AND INLAND WATERWAY PIL(l rs Article 69.- Management of activities of inland waterway ports and landing stages 1. Inland waterway ports and landing stagei; !llay operate when they ensure the pre~;cribed c1 i!s,ria. and are so permitted by competent autho(tie;;,. 2. Investors o~ inland waterway Jjorts or a(,din(: stages shall directly operate them, or lease the:~ operation. 3. Cargo loading and unloading as vvell as passenger service businesses at inland wccterway ports or Ian ding stages are co nd itio n al busine.s ses. 4. The Transport Minister shall prescr:b0 the management of activities of inland waterw2y ports and landing stages and decentralize :.uch management, except for the case prescrib;-:d in Clause 5 of this Article. 5. The Defense Minister, the Public Security Minister and the Fisheries Minister shall, within the scope of their respective tasks and powers, prescribe the management of activities of inland waterway ports and landing stages enga9ed on defense and security tasks, fishing ports and wharves. 6. The provincial-level People's Commiitee presidents shall organize the managerr:ent of activities of cros~Hiver passenger landing stc1gt,s as well as inland waterway ports and landing stagos decentralized to them for management. Article 70.~ Operations of vessels, sea-going ships at inland waterway ports, landing stages 1. Captains or steersmen may only steer their vessels or sea-going ships into lnland waterway ports or landing stages permitted to operate; when entering, leaving or anchoring at inland wate:·w,1.y ports or !anding stages, they rnus1. c:omp.eL, ;\I, procedures prescribed by the Transport Minii.,h)r. 2. Crewmen and steersmen of vessels or sea­ going ships operating within inland waterway ports or landing stages must observe law provisions and regulations of such inland waterway ports or landing stages. Article 71.- Inland waterway port autho1 iths Nos 29-30 {18-7-2004) OFFICIAL GAZETTE 1. Inland waterway port authorili:~s are agencies performing the function of sp ,cialized State management over inland waterw;: v 1avigation and transport at inland waterway pc,,·;s and landing stages in order to ensure the ol:J~1tirvance of law the operation of docks or landing stage~: when deeming that such operation rnay affect tr1e :,afr➔ ,y of people, vessels or facilities. 7. To organize the search and rescue of peopie, cargoes, vessels and sea-going ships in clii,tress provisions on inland waterway navigation order and in the waters of inland waterway port:::. er :ar:dirg safety and prevention of e nvi ran P 1e ntal pollution. stages. 2. The Transport Minister shall prescribe the a. To mobilize vessels, equipm9nt 8.i1d organization, activities and scope of activity of. manpower in the areas of inland waterw-ay port~; ur inland waterway port authorities. landing stages to participate in rescuino peop;,:i, Article 72.- Tasks, powers of inland waterway port authorities 1. To pre:scribe the berths of vessels and sea­ going ships in the waters of inlaw1 waterway ports and landing stages. 2. To inspect the observance of law provisions on navigation safety and environmental protection by vessels>and sea~going st,ips; check the professional diplomas and certific,J1es of crewmen and steersmen; grant permits for \\''SSels and sea­ going ships to enter and leave r1land waterway ports oi: Janding stages. 3. To't)an vessels and sea-poing ships from entering orJeaving inland waterway ports or landing stages when such inland waterway ports, landing stages or vessels fail to ensure 8afety conditions or inland waterway ports or landing stages fail to meet law-prescribed conditions on their activities. 4. To notify the situation of channels to vessels and sea-going ships entering and leaving inland waterway ports or landing stages 5. To inspect the safety cor.Jitions of docks, landing stages, channels, sipnals and other relevant facilities in the areas of inland waterway ports and landing stages; when detecting unsafe signs, to notify them to responsible organizations or individuals for timely handling 6. To supervise the operation ,1nd use of docks and landing stages in order to er1sure safety; to request organizations and individuals operating inland waterway ports or landings nqes to suspend ! cargoes, vessels and sea-going ships in emergency cases and handle environmental pollution within the areas ofinland v/aterw2,y por:.t, or landing stages. 9. To participate in making written records a11d conclusions on the causes of accidents or incidcn:s having happened in the areas of inland wate:wf y ports or landing stages; to request the invo\ved parties to remedy accident consequences. 10. To sanction administrative violations, seize means; to collect charges and fee~i according io law provisions. 11. To assume the prime responsibility f0r, ,~r'.d coordinate with other State management 3.genc:i~,3 at inland waterway ports or landing s):ages in, receiving foreign vessels and sea-going ships. Article 73.- Inland wateiway pilotage 1. Foreign vessels and sea-going ships, when operating on inland waterways, must comply wi1h the compulsory pilotage regime. Vie tna fl10 se vessels and sea-going ships may requesi piiotagr➔ when deeming it necessary. 2. The use of pilots shall not exempt or mduce 1he command responsibility of captains, indudi',g the case where the use of pilots h comruh,orv. Captains are entitled to select pilots or request replacement of pilots. 3. The Transport Minister shall prns,::rib0 U,e organization and activities of pilots, their crit6ria nrid professional certificates. OFFICIAL GAZETTE Nos 29-3 O ( 11}-7-2004) Article 74.- Tasks of pilots 1. When leading vessels o( Sl'J1-going ships, pilots shall submit to the commami :.if captains. A pilot's tasks shall be deemed to com;:-'.ete only after the vessels or sea-going ship.::, have safely anchored or arrived at the docks u· reached the agreed places. Pilots cannot leave V(:•ssels without permission of captains. 2. Pilots shall be obliged to inform captains of the situation of channels in the are&s where they pilot vessels or sea-going means; warn captains and pilots when damage is lnfllcted When damage Is inflicted due to the pi101s' la1:ll, the vessel owners shall have to compensa\e for such dama.ge like damage due to crewmen' fault: pilots shall be exempt from cornpensatin;i for material damage but must bear administrnthe or penal liability according to law provisions. Chapter Vlf INLAND WATERWAY TRANSPORT about acts against regu\ati'3ns oo a.ss\m~.nc-e, o~ Articte 77.-ln\and wateflNay transport ad\v\tins inland waterway navigation safety and other !aw 1. Inland waterway transport consists of provisions. passenger transport and cargo transport. When captains deliberately n~Fuse to follow reasonable instructions or warning:-, of pilots, pilots may refuse to pilot vessels or sea going ships to the witness ofthird persons. 3. Pilots shall be obliged to inform the directors of inland water port authorities of cllannel changes they detect when piloting vesselr, or sea-going ships. Article 75.- F\espons\bilities of captains during the time of hiring pilots 1 . Captains shall have to inform pilots of the properties and characteristics of w•;,sels or sea­ gong ships; ensure safety for pilots when they get on board or leave vessels or sea-going ships; provide pilots with working and tiv•ng conditions when they stay on board vessels or sea-going ships. 2. After accomplishing their duties, if pilots cannot leave vessels or sea-goinll ships at the agreed places, cap1a s rnus1 see\\ measures to let pilots leave vessels or sea-going ships and bear all expenses for pilo1s to return to th(i pilo1-receiving places. 3. Captains shall have to pay pilotage according to law provisions. Article 76.- Responsibilities of , ·essel owners 2. Inland waterway transport business is a conditional business. 3. Inland waterWay transporters may only plJt vessels into operation according to their us~s and operation a.reas sta.ted in the techni::ai sal€ty ,mrl environmental protection certificates granted by reglstr1 offices. 4. Transported cargoes must be tidily and firmly arranged, ensuring stability for vessels, rnust not obstruct the visibility of steersmen, not affcict activities of crewrnen on duty, not obstruct the operation of the steering systems, anchots end other safety equipment; they must not be l0c.1ded in excess of the breadth and length of vess3-k,. 5. People dealing in the transport of fire• or explosion-prone cargoes on inland waterway3 1mwt buy insurance of civil liability towards third persc1n:..;; people deallng in the transport of passengeL, must buy insurance of transport dealers' civil liability towards passengers. Insurance conditions, insurance premium Jeve/s and minimum insurance amounts shal: rw prescribed by the Government. 6. Organizations and individualr; cnga.qed in inland waterway transport activltie~~ must, apari: from observing this Law's provisions on trar,sport, also abide by othor law provisions. Nos 29-30 (18-7-2004) OFFICIAL GAZETTE Article 78.- Transport of pa~;,engers on inland waterways 1. Transport of passengers on inland waterways may take the following forms: af Transpm\ ot passenger~ on Hxeo routes, which means transport from (:it:;parture ports or landing stages to destination portf; ;>r landing stages according to stable itineraries; b/ Transport of passengers un".19r consignment contracts, which means transporI at the requests of passengers on the basis of contracts; cl Cross--river transport of passengers, which means transport from one bani< ;o the other bank, excluding cross-river transport by ferry. 2. People dealing in passenger transport on fixed routes or under consignment contracts shall have the following responsibiliti, :s: al To publicize and strictly k,' :1p to the voyage timetables or transport schr,dUles, publicize freights, and draw up the passenger list for each voyage; bl To arrange vessels which ensure the operating conditions prescribed in Article 24 of this Law. 3. Captains or steersmen of pti.ssenger vessels or passenger-cum~cargo vessels :'lust observe the following provisions: a/ Before setting off, to c 1:1;ck the safety conditions for people and vesse!< ;'lnnounce safety rules and the way of using safety equipment and devices to passengers; not to let passengers stand or sit at unsafe places; b/ To arrange cargoes and/or luggage of passengers in order, not obstructing gangways, to ask passengers put small animals they carry along in cages or kennels; cl Not to carry fire- or explosion-prone and/or hazardous cargoes, large animals together with passengers; not to let passenQPi'S take diseased animals on board; d/ When min-storms or typhoons Si.'. ikro, r\01 tc let vessels le;, ve ports or landing st'clg0s; l" vc :c;,,.,il~, are underway, to seek for safe sholtet's. Article 79.- Cross-river passen9er trw1~~pcrt 1. Vessels engaged in cross-river p2.ssen.nor transport must ensure the opera ting .::onci::c, ns prescribed in Article 24 of this L.uw. 2. Apart from observing the pn>visiorn; cf Ck-\L;sc 3, Artlcle 78 of this Law, captains and stoPrnrien of vessels engaged in cross-river par,snn~'or transport must also observsi the fo1lcwi 1g provisions: al Having adequate lff e-saving devk:e3 whGse useful life has not yet expired arid arrnr,ging thhn at prescribed places; bl Guiding passengers to ernlwrk i'.lild disembark·, anangir.g cargoes, lugg-ag::i·, f\,\(~ing passengers to sit on their seats, thus rins1.ni•1g stability for vessels; c/ Permitting vessels to start off Jnly aLer passengers have been stably Jeated; c..s.1\1oc,s, luggage, motorcycles and/or bicycles have b,;·2n arranged neatly, and after making sure that vessnls are not submerged more deeply than their saf11ty waterlines; d/ Not transporting passengers in oxc.e:;.s of LH: passenger-transporting capacity of vet;seb or cargoes in excess of prescribed tonnage. 3. Passengers must strictly follow structi1.ms of captains or steersmen< Article 80,- Transport by small vessels Non-motorized vessels with a gross tonnag,' of under 5 tons each, motorized vessels with rneJn engine capacity of under 5 horse powers each, non· motorized vessels with a capacity of u D to 12 passengers each, when transpo;·ting pasfeng1c:s, must have enough firm and safe seats :1r wc!i ,:,;s adequate life-saving devices cor,espondir,y ID tile number of passengers on boa rd; wt1e n trc In~. po rii ng cargoes, they must not transport volurrm.s ir· 0xc,.-.Hs OFFICIAL GAZETTE Nos '29-30 ( i 8-7·2004) of their prescribed tonnage, not ar:-·'.mge cargoes in such a way that obstructs 1hr visibility of steersmen, destabilizes the vessel,·, Jr affects tho steering of the vessels. Article 81. - Passenger trans po rt con tracts, passenger tickets 1 . Passenger transport contract means an agreement between a transport ,1ealer and a transport hirer on the transport of pe-.s.sengers and luggage from a departure port or lanr,:ing stage to a destination port or landing stage, w!1ich defines the obligations and interests of the inv'.Jlved parties. Passenger transport contracts shall be made in writing or in forms agreed upon by the two parties. 2. Passenger tickets are proof of the entry into passenger transport contracts. Pasf,enger tickets must be made according to prescribed forms, containing the names and registration numbers of vessels, the names of departure ports or landing stages and destination ports or landing stages; departure dates and hours, and pricr"s. 3. The exemption from tickets, reduction of ticket prices, ticket purchase priority and return of tickets shall comply with the regulations of lhe Transport Minister. Article 82.-Rights and obligations of passenger transport dealers following obligations: a/ To gtve passonger tickets, recei,)ts of lu:::J~!a!Je transport charges, consigned baggage to pn,;,): ,s who have fully pald transport chargE•s; b/ To transport passengers, luggage and consigned baggage from departure ports or landino stages to destination ports or landing stayes inscribed on tickets or from and to the right pluces as agreed upon In their contracts, ensuring s2fot'/ and schedule; c/ To ensure minimum living conditions for passengers in case of transportation clisruptic,n due to accidents or force majeure causes; di To create favorable conditions tor com\Jetent State agencies to check passengers, luggage and consigned baggage when necessary; el To compensate passengers if failing to transport them on time to the places as agreed upon for any loss or damage of luggage, consigned baggage or for their death or physical injuries caused due to the passenger transport deaters' fault. Article 83.- Rights and ob!igatio11s 0f passengers 1. Passengers shall have the following frJMs; a/ To request to be transported by vet.,sels of the rig ht type, according to the value of their tickets, 1. Passenger 1ransport dealers have t~e · from departure ports or landing stages to following rights: destination ports or landing stages as indicated in a/To request passengers to fully pu.y passenger the bought tickets; transport charges, transport r:ttA.rges for accompanying luggage in exces::: of the law­ prescribed quota; b/ Before vessels leave ports or landing stages, to refuse to transport passengers wrii have tickets but fail to obey their regulations, disrupt public order, thus hindering their work, harm others' health and/ or property, commit ticket frauds, or passengers who are suffering dangerous diseasos. 2. Passenger transport dealers s,ia!I have the b/ To be exempt from paying charges for accompanying luggage within the law-prescribed quota; c/To refuse to go on U1e voyages before vesssis leave ports or landing stages and to be refunded fares according to regulations. Once ·,1essels have set off, if dtsembcuking their vessels at any port!:; or landing stages, they shaH not be refunded fares, except for the cases prescribed by trie Transport Minister; Nos 29-30 (18-7-2004) OFFICIAL GAZETTE di To request the payment of al'ising expenses and damage compensation in cases where Hie passenger transport dealers fail io transport them on time to the places as agre,,,d upon in their contracts. 2. Passengers shall havr:· the following ob I igations: a/ To buy passenger tickets dnd pay charges for accompanying luggage in excess of the prescribed quota; if failing to buy tickets and fully pay charges for accompanying iuqgage in excess of the prescribed quota, to buy tickets and fully pay charges together with fines; b/ To precisely declare tt' r1 names and addresses of their own and accorn\1anying children for the, passenger transport d 1)lers to make passenger li,sts; c/To bepresent at the departure places on time as agreed· upon; to observe transportation rules and safety instructions.of captains or steersmen of the vessels; d/ Not to carry luggage being goods which are banned• .by law from circulation or transportation together with passengers. Article 84.- Luggage, consigned baggage 1. Luggageand consigned b.qggage shall be accepted for transportation only when they are other than goods banned by law from circulation, of sizes and volumes sunable to ·vessels, properly packed, their freights have been f I rUy paid and they are delivered to transport dealer,:; before vessels set out on the time as agreed upon by the two parties in their contracts. 2. Persons with consigned bao.-Jage must make written declarations of consigned g:..,ods, containing the names, quantities and volunes of goods, names and addresses of consignors, names and addresses of consignees. Transport dealers shall have to check consigned bagga\:Je and compare them with the written consigned goods declarations, then give certifications in such declarations. Written consigned goods declarations sh,:':11 be rrn1d ·: in two copies, each to be kept by orn-1 party trnnsp:,\1 dealers shall have to send receipt n·Jh:2s ,D recipients of consigned baggage 3. Passengers with luggage, wt1en rece:vin~J such luggage, must produce p3.sse nqe r ti,:k e tz.; a 1· d luggage freight receipts. 4. Recipients of consigned baggage rmrnt produce consigned baggage receipt notlces, w1·itten consigned goods declarations, frnight receipts and personal identity papers. 5. Transport dealers shall have to cor1r:.'c,;c,ate for losses or damage of luggagH and c,Jrsigned baggage according to law provisi,Jns Article 85.- Insurance of trans po rt d ea IE,~ s' ci ,, ii liability towards passengers 1. Passenger tickets and lists ot passBnnern v,1 board vessels on each voyage sh&II serve as basi:;s for payment of insurance to passengers wh(~n risks or incidents happen; for cross-river pas;.,enge r transport, compensation shall be paid under insurance contracts between transport de,1lnrs ard insurers. 2. The payment of insurance indemn:ti~,c\ !-J passengers shall comply with law provisions. Article 86.- Cargo transport contrac7s. c,d'(,jv consignment documents and bills of lading 1. Cargo transport contract means an agreement between a transport dealer and a transport hirer, conta[ning the rights and obli•Wtior1;; of the two parties. Transport contracts si1c~!I bf, made in writing or other forms agreed upon by !iv, two parties. 2. Cargo consignment document com,titutc:: part of a transport contract, m::.do by the :ru1,,ro:t hirer and forwarded to the transport dealer t)sfor,, the delivery ot cargo. Cargo consignment documents may be made for the whole vc!umes C'f cargoes to be transported as hired or fo, es.ch consignment as agreed upon by tfie two partii:,s in OFFICIAL GAZETTE Nos 29-30 (11F7-:::004, their contracts. Cargo consignment documents rnust clearly state the goods types, signs and co,Jes; quantities and volumes; delivery and receipt ~!laces; names and addresses of goods consignors; names and addresses ot goods consignees; requirements of goods loading, unloading and tram,port. 3. Bill of lading is a cargo delivvry and receipt document between a transport iealer and a transport hirer, serving as a prtiof for dispute settlement. Bills of lading shall be made by transport dealers after cargoes have been loaded on board vessels and stgned by transport hirers or the(r authorized persons. Bills of lading must clearly state H 11--': goods types, signs and codes;quantities and volurnes; delivery and receipt places; names and addresses of goods consignors; names and addresi-;es of goods consignees; freights ·and arising exp1;nses; other details which transport dealers and transport hirers agree to inscribe bll\s of ladlng; and certifications by transport dealers of the conditions of cargoes received for transport. Article 87.- Rights and obligations of cargo transport dealers 1. Cargo transport dealers shall have the following rights: a/ To request transport hirer:, to provide necessary information on cargoes for inscription in bills of lading and to check tho authenticity of such information; b/ To request transport hirers to f u Uy pay freights and arising exper.ses.; to request t12.nsport hirers to compensate for damage cau,;ed by their breaches of the agreed contracts; cl To refuse to transport cargoe~ ,,11:i.i.Cl:i. at~ \"\O\ delivered by transport hires as agree,; upon in the contracts; di To request the expertise of cargoes when necessary; el To retain cargoes in cases where tr:1r,:,,>n'. hirers fail to fully pay freights and arising cxpens,~~-; as agreed upon in their contracts. 2. Cargo transport dealers shal! have the, following obligations: al To supply vessels of the rlght types ct the' right places; to preserve cargous ir: the cour.',u of transport and deliver cargoes to their redpi2n1s a~. agreed upon in ttie contracts: b/ To notify transport dealers ot u,e time: tht➔ vessels arrive at ports or landing stages s.nci tr1e time the vessels complete all procedures for entry into ports or landing stages. The time of notifica~ion shall be agreed upon by the involved par\\es in t\"h,:\I contracts; c/ To guide the cargo loading onto, ;wd unloading from, vessels; d/ To compensate 1ransport dealers tor losses or damage of part or the whole of caruoos, v..J:ich happened in the course of transport from the receipt to the delivery of goods, except for thi;:, ca£,£i prescribed in Clause 1, Article 94 of this Law. Article 88.- Rights and obligations of ca,go transport hirers 1. Cargo1ransport hirers shall have the fo\lo,:,/1ng rights: a/ To refuse to load cargoes onto VfJsse/s arranged by transport dealers lf such voSSDlf· rel.' e not suitable for the transport of such Gargoes ;1s agreed upon in the contracts; b/ To request transport dealers to c:(~:iv:n cargoes at the right places and on timr:i as ag:·ceo upon in the contracts; c/ To request transport dealers to pay do.rne,r;cs according to the provisions of Poin'. d, Cla..if.e ?. Article 87 of this Law. 2. Cargo transport hirers shall f1av(~ U1e fol owin:,J obligations: a/To prepare a\\ \awful papers n;1\a:ed to cc:rpor~c:; before delivering cargoes to transport tleal-:w;; lo OFFICIAL GAZETTE properly pack cargoes, fully and i:learly inscribe cargo signs and codes; to de:",1er cargoes to transport dealers at the right pla; ·, i:~. on time and according to the other cont ·:nts ot cargo consignment papers. b/To pay freights and arising e>:penses to cargo transport dealers; tor contracts pt.Fiormed for each consignment, to fully pay freights and arising expenses after cargoes have been loaded onto vessels, unless otherwise agr(Jed upon in the contracts; for contracts perlormnd over a longer period for many consignments, poriodlcal payments may be made as agreed upon b/ the two parties but lo fully pay freights as contracted before the end of th1:l ·1ast consignment, unless otherwise agreed upoh in the contracts; c/Tosend people to escort cargoes throughout the course of transport, for kinds of cargoes subject to escort. Article 89,- Rights and oblig;:tions of cargo consignees i. Cargo consignees shall have: the following rights: a/ To receive and check cargoes they receive and compare them with bills of lading; b/ To request transport dealers to pay expenses incurred due to late cargo delivery; c/ To request or ask transport hirers to request transport dealers to compensatn for cargo losses and/or damage; di To request the expertise nf cargoes when necessary. 2. Cargo consignees shall hi.we the following obligations: a/ To receive cargoes on time at the places as agreed upon; to produce bills of la, 'mg and personal identity papers to transport dealers when receiving :::argoes; b/ To pay expenses incurred due to their late ·eceipt of cargoes; c/ To notify transport dealers cf cargo lo'.:;se~ or damage immediately upon receiv;ng suci1 c,J.n)v, s or within three days after receiving :rnch (;a,uce[, if it is impossible to detect damage throuQh cxtorne1.l observance. Article 90.- Handling of consigned cn.rgoc➔ s, luggage and consigned baggage without re,:;ipients or disclaimed by consignees 1. When consigned cargoes, luggage or consigned baggage have been tmnsportod to th2ir destination places but there are n0 rec·p:pni2, ,ir their recipients decline to receive them, tr'l:Y;pr: rt dealers may send such cargoes, conslgned luggage or consigned baggage to f;afe and appropriate places and immediately notify transport hirers thereof; all arising expenses shall bn incurred by transport hirers. 2. Past thirty days counting trorn the '.iate of notification by transport dealers to transpor: hirers, if transport dealers receive no reply of tr,;1nsp0rt hirers or are rot fully paid tor arising expcns':!·"', they may auction cargoes, luggagf. or consi~)!Y·d baggage in question in order to cov6r ,Hising expenses according to !aw provisions on auction; if such consigned cargoes, luggage or consigned baggage can quickly deteriorate or the consignment expenses are too big as compared with the consigned cargoes, lugga~Je or consigned baggage, transport dealers may auct'o:-i th~:111 earlier than the above deadline provided that thE,y must notify such to transport hirers b ~hre ti •e auctions are organized. 3. For consigned ca rg ,Jes, iU£.;Q3.pi) :ci :' ci conslgned baggage which are of t}1pes banned fro:n ci rcu latio n or restricted from trans port.qt k., n according to regulations, i'/ they have no recir:iients or are disclaimed by their consignees, 1h(➔Y shall be delivered to competent State agencies for handling. Article 91,w Compensation for lost or iamaQcd cargoes OFFICIAL GAZETTE Nos 29<10 (18-?-20G4] 1. When transport dealers are liable to compensate for partly or wholly !osi or damaged cargoes, the compensation amounts shall be calculated according to the value of ctugoes at the places and the time they are deli1.'f•red to their consignees. 2. The compensation prices of lm,l 0r damaged cargoes shall be agreed upon by H1,~ two parties according to market prices at the t\rne of payment ot compensation amounts; if markf~t prices are undeterminable, compensation prices shall be the average prices of goods of the similar kind and quality. Arlie le 92.- Time limits for filing of compensation claims, time limits for settlement of Gompensation and statute of limitations for·lnitiation of lawsuits 1. The time limit tor filing claims fo.• ,:ompensation for losses and/or damage of consigned cargoes, consigned luggage or consigned baggage is twenty Clause 2 of this Article. Article 93.- Limit of !\abillty of tra,,sport dea\-orn 1. Transport hirers shall base themselves on the value of cargoes declared in t11e bilb of ladilp amJ the actual damage extents to request compensations which, however, must not exceed the vahJe of cargoes inscribed in the bills of !ading. 2. Where transport hlrnm tail to declare the value of cargoes, the compensation amounts s!ia!I be calculated according to the average prlces of si,nilar goods, which, however, must not excer.w lhe compensation levels prescribed by the Tr0.nspcrt Minister. Article 94.- Exemption from co rnpe nso.ti Oi 1 1. Transport dealers shall be exempt from compensation for losses or damage of consigned cargoes, luggage or consigned baggage in the days, counting Jrom the date such consigned following cases: cargoes, consigned luggage and consigned baggage al Due to na tu rat cha racte risti cs or inherent areorshouldhavebeendeliveredtothHconsignees. defects of consigned cargoes, luggage or Transport dealers.must settle compensation within consigned baggage or losses within the pe1rnited sixty days as fromthe date compensati,,n claims are level; filed by transport hirers. b/ Due to the seizure of, or the applicaticn of 2. The time limlt for filing claims about deaths fo rci bl e measures by competent State agencies to, or injuries of passengers is twenty d;.:.,ys, counting · vessels, consigned cargoes, luggage or consigned from the date such deaths or injuries ·are caused. baggage; Transport dealers sha\\ have to settle compensation cl Due to force majeure causes; claims within sixty days as from the date compensation claims are filed by passengers or their I awful representatives. 3. Where the two parties cannot settle compensation claims, they may request economic arbiters to settle them or initiate r:ourt lawsuits according to law provisions. The statute of limitations for initiation of lawsuits to, c:ompensation for losses or damage of consipn,;id cargoes, luggage or consigned baggage or for human deaths or injuries is one year, counting from the date of expiry of the time limit for settlement of compensation claims prescribed in Clause 1 and d/ Due to transport hirers', cargo recipients' or escorts' fault. 2. Transport hirers shall be exempt frorn ps.yiny compensation for contract breaches in t!10 case prescribed at Point c, Clause 1 of this ,l\rticL:!. Article 95.- Transport of dangercus carpo1Js 1. Vessels engaged in the trans po rt ot dangerous cargoes must be permitted by competent State agencies and have unique codes. Transporters must strictly observe regu!atic,ns on prevention and control of hazards, fires 3nd explosions; must have plans on coping with oil· spiii Nos 29-30 (18-7-2004) OFFICIAL GAZETTE incidents when transporting petni and oil. 2. The Government shall prescribe the list of dangerous goods and the transport of dangerous goods on inland waterways. Article 96.- Transport of extra •iength and extra­ weight cargoes Extra-length and extra-weight 1,agoes must be transported by vessels suitable t, , such cargoes and there must be plans to ensur,,, their safety in the course of transport, which me approved by competent State agencies. Article 9.7 ... Transport of live animals 1. Depending on kinds of live animals, transport dealers· shall· request transport hirers to arrange escorts to,look after such animalro in the course of transport. 2. Transport hirers shall be responsible for loading and unloading live an!,nals under the guidance of transport dealers; 1vhere transport hirers are unable to do so; they niust pay loading and unloading charges to transport dealers. 3. The. transport of live animals on inland waterways·must comply with law provisions on hygiene, epidemic prevention and environmental protection. Article 98.- Transport of human corpses, remains 1. In the course of transport, e,c;, :::: rts are required for human corpses or remains. 2. Human corpses must be put in tightly closed containers and placed in separat : compartments. 3. Human corpses and remains may be transported only when they are accompanied with full papers according to law provisions. Chapter VIII STATE MANAGEMENT OVE:R INLAND WATERWAY NAVIGAXION Article 99.- State management responsibilities at the Government, ministries and ministeri1.l-lovul agencies for inland waterway navigation '1. The Government shall perform uniform Stflte management over inland waterw3y navina:ion. 2. The Transport Ministry shad be responsible to the Government for pe:for:11ing tr1e 1;t,,Ji management over inland waterwuy navitiadon. 3. The Public Security Ministry shall as3ume t}"\e prime responsibility for, and coordinate 1Nith thr: Transport Ministry, the Defense Ministry and the Fisheries Ministry in, taking measures to p;olr<:l inland waterway navigation order and safetv; organize the waterway navigation police hrce io patrol, inspect and handle ads of violating legislation on inland waterway navigation committed by people and vei;seh purth:::p;;t;ng :n inland waterway navigation according tG I,'\ N provisions; collect statistics and supply data on inland waterway navigation accidents. 4. The Fisheries Ministry shall assume th1:: prime responsibility for, and coordinate with the Tmnspcrt Ministry in, planning the network of fishing ports and wharves as well as fisheries areas or: inland waterways; direct 1he implementation of measures to ensure navigation safety for fishing vessels operating on inland water.vays. 5. The Agriculture and Rural Development Ministry shall assume the prime responsibility tor, and coordinate with the Transport Ministry ,;nd tr,e concerned ministries and branches :n, drawing L'P plannings on the system of dykes, irrigat:or: 'NO!'((s and flood and storm prevention and comblJ pfaes related to inland waterway naviga~ion; cHrnctin\J ,,.,e placing and maintenance of inland watenvey sigt;s for irrigation works and the prompt clearance of irrigation works which are no longer in use ar;d affect channels and channel protection c:orridcm,. 6. The Natural Resources and Envirnnrne:1t Ministry shall assume the prime refpon~ itiiP.v f(lr, and coordinate with the Transport Mini:~try L·1, planning the development of river basins, 1 m,naging OFFICIAL GAZETTE Nos 29-30 (18-7-rn04) and exploiting natural resources related to channels and channel protection corridors, en~,:.Jre navigation safety and protect the environnwnt on inland waterways. 7. Ministries and ministerial-level ;,.gencies shall, within the scope of their tasks and powers, have to coordinate with the Transport Ministry in periormlng the State management over inlan·d waterway navigation and transport. Article 100.-State management re:,ponsiblllties of provincial-level People's Commit!J;Js for inland waterway navigation 1. To organize the implementation nf, and direct their attached services, departmenLq .=u1d branches as well as district-level and commune-level People's Committees to implement, measures to protect inland wate,rway navigation ln:rastructures, fight encroachment and occupation of channel protection corridors, ensure inland waterway navigation order and safety in localities; organize salvage and settle consequences ot accidents on inland waterways in their localities. 2. To formulate; and organize the implementa­ tion of, local plannirigs on development of inland waterway navigation and transport: 3. To organize the dissemination, popularization of, ano education about, leg isl a ti6n on in land waterway navigation; to inspect and handle violations o1 legislation on 1ar1d waterway navigation according to their competence; to take measures to establish inland waterw.-,.y navigation order and safety in localities. Article 101.- Inland waterway navigation inspectorate 1. Inland waterway navigation insiiectorate is a specialized inspectorate tasked to inspect and supervise the observance of law provisions on technical standards and managerrmnt of inland waterway navigation infrastructures, inland waterway transport, vessels, crews a, ,d steersmen. 2. The organization and operation of the ir:Janu waterway navigation inspectorate shall comply witl1 law provisions on inspection. Chapter IX IMPLEMENTATION PROVISIONS Article 102.- Implementation effr,ct This Law takes implementat"1on effect as !rom January 1, 2005. Article 103.- Jmplementation guidance The Government details and guides the implementation of this Law. This Law was passed on June 15, 2004 by the Xflh National Assembly of the Socialist Rep.'Jblic of Vietnam at its 5th session. Chairman of the National Assombly NGUYEN VAN AN