Circular No. 20/2022/TT-BGTVT on forms of certificates and records of technical safety and environmental protection issued to vessels, floating docks, floating storage units, mobile units, inland watercrafts, and industrial products for use by inland watercrafts

MINISTRY OF TRANSPORT OF VIETNAM SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness No. 20/2022/TT-BGTVT Hanoi, July 29, 2022 CIRCULAR FORMS OF CERTIFICATES AND RECORDS OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION ISSUED TO VESSELS, FLOATING DOCKS, FLOATING STORAGE UNITS, MOBILE UNITS, INLAND WATERCRAFTS, AND INDUSTRIAL PRODUCTS FOR USE BY INLAND WATERCRAFTS Pursuant to Vietnam Maritime Code dated November 25, 2015; Pursuant to Law on Inland Waterway Transport dated June 15, 2004; Law on amendments to Law on Inland Waterway Transport dated June 15, 2014; Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Transport; At request of Director of Legal Department and Director of Vietnam Register; The Minister of Transport promulgates Circular pertaining to forms of certificates and records of technical safety and environmental protection issued to vessels, floating docks, floating storage units, mobile units, inland watercrafts, and industrial products for use by inland watercrafts. Chapter I GENERAL PROVISIONS Article 1. Scope 1. This Circular prescribes forms of certificates and records of technical safety and environmental protection issued to vessels, floating docks, floating storage units, mobile units, inland watercrafts, and industrial products for use by inland watercrafts. 2. This Circular does not apply to vessels, floating docks, floating storage units, mobile units, inland watercrafts, and industrial products for use by inland watercrafts intended for national defense, security or fishing vessels. Article 2. Regulated entities This Circular applies to organizations and individuals related to the designing, building, constructing, repairing, modifying, importing, using, and performing technical safety, environmental protection, and occupational safety inspection of vessels, floating docks, floating storage units, mobile units, inland watercrafts, and industrial products for use by inland watercrafts. Article 3. Application of the laws In case legislative documents referred to in this Circular are amended or replaced, the newer documents shall prevail. Chapter II FORMS OF CERTIFICATES AND RECORDS OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION Article 4. Forms of certificates and records of technical safety and environmental protection according to Vietnam’s laws 1. Forms of certificates and records of technical safety and environmental protection for sea vessels are prescribed under Appendix I attached hereto. 2. Forms of certificates and records of technical safety and environmental protection for floating docks, floating storage units, mobile units are prescribed under Appendix II attached hereto. 3. Forms of certificates and records of technical safety and environmental protection for inland watercrafts are prescribed under Appendix III attached hereto. 4. Forms of certificates for industrial products for use by inland watercrafts are prescribed under Appendix IV attached hereto. Article 5. Forms of certificates and records of technical safety and environmental protection issued to vessels, floating storage units, and mobile units as per international conventions of the International Maritime Organization (IMO) and International Labor Organization (ILO) 1. Certificates of technical safety and environmental protection issued under international conventions of the IMO and ILO to which Vietnam is a signatory shall prevail. 2. Certificates of technical safety and environmental protection issued under international conventions of the IMO and ILO to which Vietnam is not a signatory or certificates whose specific forms are not regulated in such conventions or certificates issued at request of owners of the vessels, floating storage units, mobile units to inform relevant authorities about conformity of such vessels, floating storage units, and mobile units shall conform to forms under Appendix V attached hereto. Article 6. Forms of provisional or conditional certificates Provisional or conditional certificates issued to vessels, floating docks, floating storage units, and mobile units shall be prepared using respective forms mentioned under this Circular and be accompanied by the phrase “Tạm thời” (Provisional) or “Có điều kiện” (Conditional). Article 7. Forms of certificates and records of technical safety and environmental protection issued by foreign authorized registration authorities for Vietnamese vessels, floating storage units, and mobile units In case a foreign authorized registration authority issues certificates and records of technical safety and environmental protection to a Vietnamese vessel, floating storage unit, or mobile unit, certificates and records that are produced by the foreign registration authority in accordance with international conventions of IMO and ILO to which Vietnam is a signatory or prescribed under this Circular shall prevail. Article 8. Electronically issued certificates and records of technical safety and environmental protection Electronically issued certificates and records of technical safety and environmental protection shall conform to regulations and law on electronic transactions and guidance of IMO and ILO. Chapter III IMPLEMENTATION Article 9. Entry into force 1. This Circular comes into force from January 01, 2023. 2. Circular No. 25/2017/TT-BGTVT dated July 28, 2017 of the Minister of Transport and Circular No. 41/2019/TT-BGTVT dated October 30, 2019 of the Minister of Transport are annulled. 3. Forms of certificates and records of technical safety and environmental protection issued to vessels, inland watercrafts, and industrial products for use by inland water crafts issued under Circular No. 25/2017/TT-BGTVT and Circular No. 41/2019/TT-BGTVT shall last for their entire effective period. Article 10. Organizing implementation Chief of Ministry Office, Chief Ministry Inspectorates, Directors, Director of Vietnam Register, Director of Vietnam Maritime Administration, Director of Vietnam Inland Waterway Administration, heads of agencies and entities affiliated to the Ministry of Transport, relevant organizations and individuals are responsible for the implementation of this Circular./. PP. MINISTER DEPUTY MINISTER Nguyen Xuan Sang This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed