Decision No. 25/2004/QD-BGTVT promulgating the Regulation on registry of inland waterways means

THE MINISTRY OF TRANSPORT DECISION No. 25/2004/QD~BGTVT OF NOVEMBER 25, 2004 PROMULGATING THE REGULATION ON REGISTRY OF INLAND WATERWAYS MEANS THE MINISTER OF TRANSPORT Pursuant to the June 15, 2004 Law on Inland W:itorwnys Navigation; F\1rsuant to tho Government's Decreo No. 86/ Ot{Janizations and individuals .shall, within the scope 2002/ND-DP of Docembor s; 2002 defining and of tl10i1· responsibilities, havo to implement thi~, functions, tasks, powers anrf organi:rational Decision. structures of tlffl ministries, ministo1ia!-!eve/ agencies and agencies attached to the Govommont; Pursuant to the Government's Decref.J No. 34/ 2003/ND--CP of April 4, 2003 defining the functions, tasks, powers and 01ganizational structure of the Minist1y of TranspoH; At the proposals of the Director of the Department for Science and Technology, the Director of the Legal Department and the Director of Vietnam National Registry, DECIDES: Article 1.- To issue together with this Decision the Regulation on registry of inland waterways means. Article 2.- The Director of Vietnam National Registry shall have to organize the implementation ot thls Decislon nationwide. Article 3.-This Decision shall take effect as from January 1, 2005 arid replace the Tn. sp<nt Minister's Decision No. 2059 OD/PC of August 7, ·1996 promulgating the Regulation on technical inspection of inland waterways means. Article 4.-The Director of the Office, the Chief Inspector, the directors of the Department for Science and Technology, the L egat Department, the Transport Department, the Department for Organization and Personnel, and the Finance Department, the Director of Vietnam National Registry, the Director of Vietnam Fliverway Administration, the directors of tho provincial/ municipal Tmm,port Services and Cornrnunicatiom; and Public Works Services, the heads of concerned Minister of Transport DAO DINH BINH REGULATION ON REGISTRY OF INLAND WATERWAYS MEANS (Issued together with the Transport Minister's Decision No. 2512004/QD-BGTVT of November 25, 2004) Chapter/ GENERAL PROVISIONS Article 1.- Go\leming scope and application subjects 1. This Regulation provides for the contents of, principles and procedures for, the registry of inland waterways means as well as the organization of inland waterways means registry. 2. This Regulation applies to organizations and individuals engaged in the use of inland waterways means subiect to registry under this Regulation, except the following inland waterways means: a/ Means engaged in defense or security tasks, fishing ships; b/ Non-motorized means of a gross tonnage of under 5 tons or with a carrying capacity of up to 12 ps.sse nge rs; c/ Motorized rnoam; with a total main engine c;npacity of under b home power·s OI' witl1 D catTying \ To fonnutato or :o,upplornent or amend thB r:npacily of under b p<.li,se11oe1·;;; procossei, and standard:, on rnoans' quality, cl/ 1 \af\c:. technical :,::11ety and t-:rwironmontal protection for n1.1brnission to compotont Slate agencies for Article 2.~ lntorpre!ation of torrns In thi:J Fiogulation, the fo!lowinn tern1c·; and prirasQs shflll be com,trued as followed: ·1. Inland woterways rneaw ; (hereinafter referred to as means) are iihips, boats and other floatin9 str'uctu ms, rnotorized 01· non-rnolorized, operating exclusivf.,!y on inland waterways. ?.. lnln.nd waterways mean channels, locks, works or constructions helping means pass river d n ms or fal Is, can a!s, ditch es or chann e Is on I a kcs, marshes, lagoons, bays, gulfs, along the coastlines, leading to islands or linking islands within the internal waters of the Socialist Republic of Vietnam, which are managed and exploited for navigation and transport. ~-3. Fishing ships are means used exclusively for aquatic resources exploitation, rearing or processing. 4. Motorize cl means are means propelled by the power of engines installed thereon. 5. Sports, rncreation and entertainment ships are means used exclusively for sports training and co mpcti tio n or recreation and e nte rta in rn en t activities. G. Means' carryino capacity means the maximum number of people such means are permitted to carry, excludin9 their crow mombors, steersmen and under-one children. Cfwpter II MEANS REGISTRY Arlic/t.> 3, - Co11to11 lt, of rnccHl'., reqi,-: try prnrnulgation. 2. To formulate and pmrnulgato rngulations on re9istry operations for tho application of processes and standards on moans' quality, tectrnical safety and onvironmenta/ protection. 3. lo approve design dossiers related to the buildin9, transformation or repair of means as well as equipment and facilities installed Hiereon. 4. To inspect tl1e quality, technical safety and environmental protection (hereinafter referred to as inspection) and issue certificates of inland waterways means' technical safety and environmental protection to means upon their building, transformation, repair, importation and in operation process. 5. To measure and determine means' gross tonnage, dry side and safety waterline. 6. To inspect and issue quality certificates to: a/ Materials, machinery, equipment and facilities usod in the building, transformation, repair of means; bl Steamers and pressure cylinders of working pmssure of 0.5 kg/cm2 or more, which are installed on means: c/ Environmental poHution-preventing devices installed on rneans; cl/ Lilting equipment installed on means. Article 4.- Ground~, for evaluation of means' quality, technical safety and environmental prol,Jction The ,1pproval ot des n dossiers and the i11t,pectio11 of rllflans' quality, technical safety and environrrmnlal protHction mu!,! lw carrii:1d 01 11 o.ccord inq to c11mrnt toclrnical proce:;:ws and stnn1laI·ct:~ stated in the /\ppi:.:ndix lo this 1-!()Uul:J ti(HI and pmvisions on 1·eai::;try opemtions Article fi,- F'rinciplr~s for inspection and grant of c,ntificates of inland waterway means' technical safely and 011vironmental protoction ·1 . Moans rnw,t be inspectod and granted the certificate of inland waterway:; means' technical safety anrl environ rnen tat protection before the administrative mgistration is made. 2. Means, for whict1 the administrative registration has been made, may be inspected and wanted the certificate of inland waterways meam..' technical safety and environmental protection at any registry office cornpetonl to manage the region where such means moor or anchor 3. Means which are built, transformed or repaired at any region shall be inspected and granted the certificate of inland waterways means' technical safety and environmental protection at the competent registry office managin9 that region. 4. flegistry offices shall be allowed to inspect and grant certificates of inland waterways means' technical ,,afety and environmental protection in accordance with their competence and within their assigned regions. Article 6,-- Forms of means inspection 1. The inspection of means shall covor tho following forms: a/ f::irsf.-time inspection shall be rnado for newly·· built means, imported means and means applying for adrninistrativc rcuistration, b/ f7 eriodical in~;pection shall hr, rnado in order to chccl~ the qm1crnl tcclinicnl conditions nf rne,m'..; c/ Annt1nl in'.,pnction ,;hall be mmJs-J wtwn nhimw nrn 1mder annual mnintonrn1cc. d/ 011 beam i11spoctinn :,;hall be rnacle to cval 11 a \e the IQc h n ical conditions of thu under wntorlirw parts of rneani,. el lnterrnecliate inspoction shall be made fm means carrying dan~ierou~, chemicals or liquefied uas and high--spood pasr,enger vessels in order to ovaluuto tho general technical state of means. f/ Unexpected inspection shall be made o.t the roquest of competent State agencies and accordinn to rcnulations. 2. The contents and interval of periodical, annual, intermediate or on-beam inspection shall comply with the provisions of current technical processes and standards, depending on each type of means. Chapter Ill PROCEDURES FOR APPROVAL OF DESIGN DOSSIERS, INSPECTION AND GRANTING OF THE CERTIFICATE OF INLAND WATERWAYS MEANS' TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION Article 7.~ Procedures for approval of design dossiers 1. When applying for tho approval of design dossiers, designing establishments must produce the following dossiers and documents: a/ The application for design approval; h/ Design tasks; c/ Desinn clossiors according to technical procusf;0S and standards applicable to means. '.l. In case,; where the dcsiqn dossier:; are adequate nnrl satisfy the fll"Ocosiws and standards on 1ochnical safety and environmental protection, Vic I 11 ii 1-r1 H c !-Ji,, try off icr-i s rn us t co rnp I etc tho approval and want the certificate of design approval to desi~Jning establis~1monts within Ei working days. In casos of designing rneans of new or cornplicatocl types, tho duration for completion of cfosign appl"Oval shall comply with the agreement l:ietwoen registry offices aml designing establishments. Article 8.~ Procedures for inspection and granting of the certificate of inland waterways means' technical safety and environmental protection Means owners or means-building and--ropairing establishments, when applying for the inspection and grant of certificates of inland waterways means' technical safety and environmental protection, must send to the registry offices the requests therefor. The inspection requests may be made in writing, by telephone, fax or e-mail or in person. 2. In cases of agreeing to conduct inspection, the registry offices must appoint their officers therefor according to the time and venue already agreed upon. If the inspection results show that means or equipment and facilities installed thereon satisfy processes and standards on technical safety and environmental protection, the registry offices must grant registry dossiers to the means within one working day after completing the inspection. Other cases shall comply with the agreement between the registry offices and means owners or means-building or --repairing establishments. 3. When receiving the written requests for unexpected inspection from competent State agencies, registry offices must organize the lnspection and notify the results thereof in writing according to the requested contents, time and venue. Article 9.- Registry dossiers lo be granted to means ·1. Means, which have their technical :,tale satisfyinn technical processes and standards after Inspection :,hall bo granted the following dossiers: a/ The certificate of inland watorways mean~,· technical safety and environmental protection; b/ Tl1e book for technical inspection of inland waterway means; cl Assorted minutes on technical inspection. 2. Apart from the dossiers defined in Clause 1 of tt1is Article, depending on the utility of, or equipment installed on, means, there may also be: a/ The book for inspection of pressure cylinders; b/ The book for inspection of lifting equipment; c/ The book for certification of means' water occupying volume; di The certificates of quality of materials, equipment and facilities installed on means. 3. Vietnam National Registry shall provide for forms of registry dossiers to be granted to means prescribed in Clauses 1 and 2 of this Article. Chapter JV ORGANIZATION OF MEANS REGISTRY Article 10.-Agencies performing the registry of means 1. Vietnam registry offices performing the renistry of means are prescribed as follows: a/ Vietnam National Registry, the State management agency specialized in registry of inland waterway means, shall have to perform the registry contents stated in Article 3 of this negulalion, and at the same time, organize an uniform system of rogistry offices throughout the country so as to perform the regi8try of means. b/ Tho Sub··Reohtrics and branches of Vietnam National Flegistry and registry offices of the provincial/municipal Transport Services and Communications and Public Work:-; Services (hereirwfter referred to registry offices) shall have to perform the registry tasks statfid in Articles 11 and 12 of this Regulation. 2. In cases where there is agrnement between Vietnam National Registry and the provincial/ municipal Transport Services or Communications and Public Works Services, the registry tasks assigned to registry offices under the provincia!/ municipal Transport Services or Communications and Public Works Services shall be performed by registry offices under Vietnam National Registry. Article 11.- Tasks of registry offices under Vietnam National Registry Registry offices under Vietnam National Registry shall inspect and grant the certificate of inland waterways means' technical safety and environmental protection to: 1. Alt means operating along the coastlines, leading to islands or linking islands. 2. Means carrying dangerous cargoes. 3. Passenger ferries, including towing means, if any. 4. Sports and recreation and entertainment ships. 5. Means installed with lifting equipment. 6. Means of foreign countries or joint-venture enterprises participating in inland waterways navigation. 7. Means op(➔ rating on rivers, canals, ditches, lakes, lagoons, bays and gulfs: a/ Means with a carrying capacity of f.iO passengers or more; b/ Non-motorized means with a qrnE,s tonrwgri of 200 tons or more: c/ Motoriztid means with total main engine capacity of 13Ei horse powers or more; di Special-use means such as floating docks, floating wt1arves, floating construction equipment, floating houses, floating hotels, dredgers, ... with a designed waterline of 1 Om long or more. Article 12.- Tasks of registry offices under the provincial/municipal Transport Services and Communications and Public Works Services 1. Registry offices under the provincial/municipal Transport Services and Communications and Public Works Services shall inspect and grant the certificate of inland waterways means' technical safety and environmental protection for means operating on rivers, canals, ditches, lakes, lagoons and gulfs directly managed by their respective localities, including: al Means with a capacity of under 5 O passengers; bl Non-motorized means of a gross tonnage of under 200 tons; cl Motorized means with a total capacity of under 135 horse powers; di Special-use means such as floating docks, floating wharves, floating construction equipment, floating houses, dredgers, ... with a designed length of under 1 Om. 2. I,egistry offices under the provindal/municipal Transport Services or Communications and Public Works Services sl1all submit to the professional management, inspection, direction and guidance by Viotnarn National Registry; comply with the re9imo of regular and irregular reporting to Vietnam National Registry on the inspection and grant of the ccn\if1calo of technical safety and environmental protection to means. A rtf cfo ·/ 3.-- Hei,pom;ibiliti1-:1, of roqi:3t1y offices Flug islty office'., rnu,c:;t Hati,;fy tho re~Ji:,try offi(:os' criteria prescrilwd by the Minii,te1· of T1·r.111:,port and carry out the inspection and wan\ of tho certif'1cnto of inland waterways means' technical safety and environnier1tal protoction in an objective manner according to professional requirements nncl law provlskms. The heads o( rcglst1·y offices nnd inspectors must bear responsibility for tho inspection results. All acts of abusing powerr, and deliborately acting in contravontion of this Ffogulalion shall be handled accorciinu to law provisions. Article 14.·- Responsibilities of means owners and establishments that design, build and/or repair means i. Means owners shall have to comply with the provisions on means registry stated in this F-leg u la tion upon the building, transforrnatio n, repair, importation or operation thereof; bear responsibility for ensuring that their means satisfy tt1e pre~ ,cribed technical safety and environmental protection standards in inspection intorvals. 2. Establishments tt1at design, build, transform and/or ropair means must comply with provisions on design dossie ri, and approval of rnearrn designin9 dossiers; abide by means' quality, technical safety and onv"ironmental protection standards and the design dossiers already approved. In tho course of working on the means, ostablislm1ents that build, transform and/or rupair means must be subject to tho inspection ::ind supervision by registry offices regarding the quality, technical sc1 fety and environ rn c, n tnl protection stand::uds. Article f5., Charge,; fm dei,iun approval nml inspection nnd fens for g1·antinn tho cmtifi1;r1le nf inl,rnd waterway mean,;' teclrnical safely ,Hld (rnvi t"l)rnr,r:r ital ptotcclion 1 Ut!sig 11 iriu (),,tab Ii:; hrnc nts, means owne 1·s and cstahlisr1men!s that build, transform and/or repair moans shall haw) to pay charoos for dosign npp roval a11d inspection and fees for certificate wanting according to current regulations. 2. Vietnam National ReG1istry and registry offices, when performing means registry, shall have to collect charoes for design approval and inspection and foes for certificate granting according to current regulations. Minister of Transport DAO DINH BINH Appendix LIST OF CURRENT TECHNICAL PROCESSES AND STANDARDS APPLICABLE TO INLAND WATERWAY MEANS (lssuoci together with the Transport Minister's Decision No. 25/2004/QO-BGTVT of November 25, 2004) 1 . Pro cot;s TC VN-sso-1 : 200 1 on class ifica tio n and building of rivor t,l1ips. ?. F)rocoss 22TCN 265-2000 on supervision and building of srnall··sized rivet· ships. 3. F1mce:;;3 22TCN ?64-2000 on prevontion of poUu1.ion cau:;("d by river shire.. d f:>n 1c1:,,,, I CVN "/UD4--?00? on classification and tJUilding of wooden-case river ships. 5. P1occss TCN /OG I ··?(HJ~~ on technical supe rvic,io11 and buildinu of steel -c,1 sc, ~, rnall-, ;i;ed seagoing ships. G. negulation ??TCN ~~U/96 on technical safety of sports and rncruc1tio11 and enlrJrtainnwnt ships. 7. Process TCVN 6282--1997 on inspection and manufacture of ships made ol glass fiber-reinforced plastics. 8. Process 22TCN 2s1-0·I on dHssification and bui/dino of steel•case river s~lips c[nrying dangerous chemicals. 9. Process TCVN 6451: i 998 on building of high speed ships. 1 O. Process 22TCN 323·04 on classification and building of reinforced concrete-case river ships. 11. Process TCN 2695-83 on measurement of inland ships' capacity. 12. Process QPVN 26-83 on lifting equipment of inland waterway means. ·r 3. Process 22TCN 325-04 on cla.ssificalion and building of inland waterway means operatin9 along !!10 coastlines. 14. Standard 22TCN ·109/82 on navy anchor, Fi. Standard 22TGN ·110-82 on Hall anchor. 16. Standard 22TCN 10B/82 on cable chain. 17. t;tandard 22 TCN 107/82 on testing the staunchness of ships' cases. ·18. Standard TCVN /2133: ;~003 on rin~J \itebuoys. i9. Standard TCVN 7282: 2003 on lifejackels. 20. Naviqation rulei:; and means' signals Waturways Nnvi~Jntion. In c,.1f;es wriem tlie above-stated technical pmcr:.,:;sos at1d ,~ta11darcfo are supple1r1011ted and/ or ;u1,cndod or 1hr: re\ovant prncesses nnd standards aro pr-omuloated t:iy compehmt authorities after the effoctive date of this negulation, Hie supp\ornonts, amendrnents or now technical processes and standards shall app!y to the reglstry of inland waterways rneans' quality, technical safety and environmental protection.