Decree No. 71/2006/ND-CP on Management of Seaports and Marine Navigable Channels

OFFiCiAL GAZETTE Issue nos 11·12lJuly 2006 (Gong Baa nos 29-301July 30, 2006) 2. This Decree's provisions on marine navigation safety, marine navigationsecurity and environmental pollution prevention shallapply tomilitaryports. fishing ports, and inlandports and harbors locatedin seaport waters. Article 2.-Subjects of application 1. This Decree shall apply to Vietnamese and foreign organizations, individuals and vessels and specialized state management agencies involved in investmentin, construction and operation of seaports, marine navigable channels and management of maritime shipping activities in Vietnamese seaports. DECREE No. 71/2006/ND-CP OF JULY 25,2006, ON MANAGEMENT OF SEAPORTS AND MARINE NAVIGABLE CHANNELS THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Govemment; Pursuant to the June 14, 2005 Vietnam Maritime Code; At the proposal of the Minister of Transport, DECREES: Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation 1. This Decree provides for investment in, construction, managementand operationof seaports and marine navigable channels, and managementof marine shipping activities in Vietnamese seaports. 2.Wherea treatyto whichVietnamis a contracting party contains provisions different from those of this Decree. the provisions of such treaty shall apply. Article 3.- Applicationof laws 1. When operating in Vietnamese seaports and marinenavigable channels, all Vietnamese andforeign organizations. individuals andvessels, andspecialized state managementagencies shall strictlyobservethe provisions of thisDecreeandother relevant provisions of Vietnameselaw and treaties to which Vietnamis a contracting party. 2. In case there is an inconsistency between the provisions of thisDecree andthoseofotherspecialized legal documents of the Government on the same issue, the provisions of this Decree shall apply. Article 4.- Seaport regulations Directorsof portauthoritiesshall base themselves on the provisions of this Decree and the specific conditions in seaport waters and zones under their management to issue seaport regUlations after obtaining the approval thereof of the director of the Vietnam Maritime Administration with a view to ensuringmaritime safetyand maritimesecurityas well @VIETNAM LAW & LEGAL FORUM Issue nos 11·121July 2006 (Gong Bao nos 29-301July 30, 2006) OFFICIAL GAZETTE 15 as preventing environmental pollution caused by seagoing ships. Article 5.- Interpretation of terms In this Decree, the following terms shall be construed as follows: 1. Seaport is an area covering port premises and port waters where infrastructures are built and equipment is installed for seagoing ships entering and leaving for loading and discharging cargoes, embarking and disembarking passengers and providing other services. 2. Harbor consists of wharves, warehouses and depots, storage yarus, worxsnops, omce bUildings, service facilities, systems of roads, information and communication, electricity and water supply. entrance fairways, and other support constructions. 3. Wharf is a fixed structure within a harbor which is used for seagoing ships to anchor or moor, load and discharge cargoes, embark and disembark passengers and provide other services. 4. Offshore area for reception of vessels (offshore oil port) is an area for seagoing ships to enter and leave, operate, load and discharge cargoes and providing other services at offshore facilities. 5. Marine navigable channel is a water area delimited by a system of marine navlqation signals and other aids to ensure safe navigation of seagoing ships and other water crafts. Marine navigable channels include seaport fairways and other marine navigable channels. 6. Seaport sub-fairway is a delimited water area from the seaport failWay to a harbor marked by a system of marine navigation signals and other aids to ensure safe navigation of seagoing ships and other water crafts into and out of the harbor. 7. Seaport fairway is a delimited water area from the sea to a seaport marked by a system of marine navigation signals and other aids to ensure safe navigation of vessels into and out of the seaport. 8. Pilot reception area is a water area where vessels are anchored or moored to embark and disembark pilots. 9. Quarantine area means a delimited area within the seaport waters where vessels are anchored or moored for quarantine purposes. 10. Storm shelter zone means a delimited area Within the seaport waters wherevesselsare anchored or moored for storm-sheltering purposes. 11. Anchorage ground means a delimited area within the seaport waters wherevesselsare anchored or moored before landing at a wharf, draWingalongside petroleum vessels, entering the transshipment zone, navigating through a channel or providing other related maritime services. 12. Vessel tumaround area means a delimited area Within the seaport waters where vessels can turn around. 13. Transshipment zone means a delimited area within the seaport waters where vessels are anchored or moored to transship cargoes or passengers. 14. Vesselsmean seagoing ships, warships. public service vessels, fishing vessels, inland water crafts, seaplanes and other water crafts. 15.Shipowner means the ship's owneror manager, charteree, operator or an authorized person. 16. Port premises means a delimited land area where wharves, warehouses and depots, workshops, working offices, service facilities, systems of roads, information and communication, electricity, water, other aids are constructed and equipment installed. © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue nos 11·12/July 2006 (Cfmg BaD nos29-301July 30, 2006) 17. Port waters means a delimited water area for establishment of water areas in front of wharf, vessel turnaround area, anchorage ground, transshipment zone, storm shelter zone, pilot reception area, quarantine areas; area for construction of seaport failWays and other aids. Chapter 11 INVESTMENT IN, CONSTRUCTION, MANAGEMENT OF OPERATION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS Section 1. INVESTMENT INAND CONSTRUCTION OFSEAPORTS AND MARINENAVIGABLE CHANNELS Article 6.- Announcement of lists of classified seaports The Prime Minister shall announce lists of classified seaports at the proposal of the Minister of Transport. Article 7.- Principles of investment in and construction of seaports and marine navigable channels 1. All Vietnamese and foreign organizations and individuals that invest in and construct seaports and marine navigable channels shall strictly observe the provisions of this Decree, investment law, construction law and other relevant laws. 2. Investment in and construction of seaports and marine naVigable channels shall comply with the approved seaport development plan. The Ministry of Transport shall publicize the approved seaport plan and decide on specific adjustments with respect to harbors and wharves located in seaports which must not run counter to the functions of such seaports defined in the master plan already approved by the Prime Minister. 3. On the basis of the approved master plan on seaports, the announcement of forms of investment in seaports and harbors shall be made as follows: al The Prime Minister shall announce forms of investment in grade-I seaports and particularly important harbors of grade~1 seaports; bl The Minister ofTransport shall announce forms of investment in harbors of grade-I seaports other than those stated at Point a of this Clause; d Ministers, heads of ministerial-level agencies and presidents of provincial-level People'S Committees shall announce forms of investment in grade-II seaports and important harbors of grade-II seaports. Article 8.- Supervision of implementation of plannings and plans and construction of seaports and marine naVigable channels 1. Before making a report on investment in and construction of a seaport. harbor. Wharf. transshipment zone or marine navigable channel, the investor shall send a written request to the Vietnam Maritime Administration for opinion on whether the master plan on seaports is complied with. Such written request should clearly state the necessity, location, size and utility of the seaport, harbor, wharf, transshipment zone or marine navigable channel. Within 5 working days after receiving the written request of the investor, the Vietnam Maritime Administration shall issue a written reply to the investor and report it to the Ministry of Transport or; in case of refusal, it should clearly state the reason therefor. 2. Before constructing a seaport, harbor, wharf, transshipment zone or marine navigable channel. the investor shall send to the Vietnam Maritime Administration a copy of the decision on investment in and construction ofthe work together with an overall ground plan, a copy of the decision approving the construction design and the plan on assurance of marine navigation safety. CS! ViETNAM LAW & LEGAL FORUM Issue nos 11·121July 2006 (Cong Bao nos 29--301July 3D, 2006) OFFICIAL GAZETTE 17 3. The Vietnam MaritimeAdministration shall direct port authorities to supervise the implementation of plannings and plans on construction of seaports, harbors, wharves, transshipment zones and marine navigable channels in accordance with the approved planningand on assurance of marine navigationsafety. Article 9.- Supervision of construction of other facilities in seaport waters The construction of other facilities other than those specified in Article 8 of this Decree within seaport waters shall comply with regulations on assurance of marine navigation safety, marine navigation security and prevention of environmental pollution, investment and construction, and relevant laws. Before constructing a facility, the investor shall send a copy of the investment decision and the overall ground plan ofthe facility to the port authority in charge of the area where the facility is to be constructed for the latter to supervise the construction of such facility with a view to ensuring marine navigation safety in the area. Section 2. ANNOUNCEMENT OF OPENING AND CLOSUREOF SEAPORTS Article 10.- Conditions for announcement of the opening of seaports, decision to put harbors or wharves to use 1. Seaports, harbors or wharves have been tested before befng put to use according to regulatfons. 2. Investors produce sufficient valid papers specified in Article 12 and Article 13 of this Decree. Arlicle 11.- Competence to announce the opening or closure of seaports 1. Competence to announce the opening of seaports: al The Minister of Transport shall announce the opening of seaports; bl The director of the Vietnam Maritime Administration shall decide to put harbors. wharves or transshipment zones to use. 2. Competence to announce the closure of seaports: al The Minister of Transport shall announce the closure of seaports; bl Directors of port authorities shall decide to temporarily ban vessels from entering and leaving harbors, wharves or transshipment zones. Article 12.- Procedures for announcement of the opening of seaports 1. After completing the construction of a seaport, the investor shalf send to the Vietnam Maritime Administration the following papers: aI Written request for announcement of the opening of the seaport, clearly stating the port's name and location, the pilot reception area's location, types of seagoing shipsand the tonnage limit of seagoing ships allowed to enter, operate in and leave the port; bl Written record on the test for putting the completely constructed port facility to use, enclosed with the complete construction drawings of the ground, elevation and cross section of the port facility. For offshore oil ports, drawinqs of elevations and cross sections of port facilities are not required; cI Written recorclon the acceptance of the investor and competent agencies or organizations ofthe result of survey of obstructions on the bottom of the water area in front of the wharf, except for offshore oil ports; dl NtM (Notice to Mariners) on the seaport fairways and water area in front of the wharf, enclosed with a map. For offshore oil ports, an NtM on the safety zone of the offshore oil port; el A competent agency's certificate of the port facility's satisfaction of environmental protection conditions; (g VIETNAM LAW & LEGAL FORUM 18 OFFICIAL GAZETTE Issue nos 11-121July 2006 (Gong BaD nos 29-301July 30, 2006) fl A competent agency's certificate of the port facility's satisfaction of fire and explosion prevention and fighting conditions. 2. Decision to announcethe openingof a seaport shall be made as follows: aJ Within 5 working days after receiving all valid papersspecified in Clause1of thisArticle, the director of the Vietnam MaritimeAdministration shall send a written request to the People's Committee of the provinceor centrallyrun citywherethe port is located for comment. Within 3 working days after receiving the opinion of the provincial/municipal People's Committee, the VietnamMaritimeAdministration shall report it to the Ministryof Transport. Within5 working daysafterreceiving thewritten proposal of theVietnam Maritime Administration, theMinistryofTransport shall decide to announce the openingof the seaport blAdecisionto announce the openingof a seaport should clearly state the port's name and location, the pilot reception area and the quarantinearea; types of seagoing shipsand the tonnage limitofseagoing ships allowed to enter, operate in and leave the port. For offshore oil ports,thedecision should additionally state the limits of the safe zone of the offshore oil port and requirements on marinenavigation safety assurance or other maritime instructions for activities of vessels. Article 13.- Procedures for putting harbors, wharves and transshipment zones to use 1. After completing the construction of a harbor, wharf or transshipment zone, the investorshall send to the Vietnam MaritimeAdministration the following papers: aJ Written requestfor theputting of theharbor, wharf or transshipmentzone to use; bl Written record on the final test for putting the completely constructed facility to use, enclosed with the complete construction drawings of the ground, elevation and cross section of the harbor, whart or transshipment zone; cINtM, enclosed with a map,on entranceand exit channels of the harbor, wharf or transshipment zone; writtenrecordon the acceptance ofthe investorand a competent agency or organization of the result of surveyof obstructions on the bottomofthe waterarea in front of the wharf or of the transshipment zone; dl A competent agency's certificate of the satisfaction of theharbor, wharfor transshipment zone of environmental protectionconditions; e/ A competent agency's certificate of the satisfaction of the harbor, wharfor transshipment zone offire andexplosion prevention andfighting conditions. 2. Decisionto puta harbor. wharf ortransshipment zone to use Within 5 working days after receiving all valid papers specified inClause1 ofthisArticle, theVietnam Maritime Administration shalldecideto put the harbor, wharf or transsmprnent zone to use. The decision should clearly state the name and location of the harbor. wharfor transshipment zone.typesof sesQoing shipsand the tonnage limitof seagoingshipsallowed to enter, operate in and leave. Article 14.- Announcement of the puttingof other facilities to use 1. After completing the construction of a facility other than those specified in Article 8 of this Decree. the investorshallsenda written notice, a written record on the testand take-overof the facilityor a copyof the decision or permit of a competent agency on the putting of the facility to use to the port authority and the marine navigation safety assurance company of the location where the facility is constructed for the purposeof protectingthe facility and ensuringmarine navigation safetyfor maritimeshipping activities in the area. Such a written notice should clearly state the name, location, characteristics and limitsof the water area of the facility and related technical parameters © VIETNAM LAW & LEGAL FORUM Issue nos 11·121Jyly 2006 (C6ng Bao nos 29-30IJuly 30,2006) OFFICIAL GAZETTE 19 (if any), such as the width of the navigable area, the clearance height, warning marks, time of navigation, the depth of the facility compared to the water level "0"on the chart, the starting or closing time of operation of the facility (if any) and other restrictions. 2. The investor shall have to announce information details specified in Clause 1 of this Article on the mass media for three consecutive times. 3. The marine navigation safety assurance company shall have to issue NtMs on information details specified in Clause 1 of this Article according to regulations. Article 15.- Closure of seaports or temporary prohibition of vessels from entering and leaving seaports, harbors, wharves and transshipment zones 1. For security and defense reasons or other special socio-economic reasons, the Ministry of Transport shall decide on the closure of seaports after consulting concerned ministries, branches and nrovinciet-levet People's Committees. 2. For marine navigation safety or marine navigation security assurance, environmental pollution prevention and other emergency reasons, directors of port authorities shall decide on temporary prohibition of vessels from entering and leaving seaports, harbors, wharves or transshipment zones and promptly report it to concerned agencies Diredors of port authorities shall decide to allow vessels to enter and leave seaports, harbors, wharves or transshipment zones once the reasons for the temporary prohibition no longer exist. Article 16.- Procedures for announcing seaport waters and management areas of port authorities 1. The Vietnam Maritime Administration shall send to the Ministry of Transport the following papers: al Written request for announcement of the seaport waters; bl Written opinion of the concerned provincial-level People's Committee; cI Chart showing the limits of the seaport waters and management area of the port authority. 2. Within 15 working days after receiving all valid papers specified in Clause 1 of this Article, the Ministry of Transport shall decide to announce the seaport waters and management areas of port authorities. Arlicle 17.- Registers of seaports and marine navigable channels The Vietnam MaritimeAdministration shall compile registers of seaports and marine naVigablechannels. Section 3. MANAGEMENT, OPERATION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS Article 18.- Principles of management and operation of seaports 1. Vietnamese and foreign organizations and individuals investing in and constructing seaports shall decide on forms of management and operation of seaports. 2. Harbor and wharf infrastructures invested by the Statewith state budget funds or capital originating from the state budget may be partly or wholly offered for operating lease; other forms of management shall be decided by the Prime Minister. Revenues from such operating lease shall belong to the state bUdget, used under the provisions of the State Budget Law and prioritized for investment in the development and management of seaport infrastructures. 3. The selection of organizations and individuals to operating-lease harbor or wharf infrastructures invested with state budget funds or capital originating from the state bUdget shall abide by the following © VIETNAM LAW & LEGAL FORUM 20 OFFIC(AL GAZETTE Issue nos 11-121July 2006 (Gong Bao nos 29-301July 30, 2006) principles: aJ For harbor and wharf infrastructures already put to use before the effective date of this Decree, it shall be decided by the Prime Minister; bl For harbor and wharf infrastructures put to use from the effective date of this Decree, it shall comply with the bidding law. 4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, stipulating financial mechanisms for the operating-lease of harbor or wharf infrastructures invested with state budget funds or capital originating from the state budget. Article 19.- Principles of management and operation of marine navigable channels 1. Marine navigable channels which have been invested with state capital through a ministry, branch or locality shall be managed and operated by such ministry, branch or locality. 2. Marine navigable channels which have been investedwith capital of an enterprise shall be managed and operated hy such enterprise. Article 20.- Protection of seaport facilities, marine navigable channels 1. The Ministry of Transport and concerned ministries and branches shall coordinate with provincial-level People's Committees in directing the protection of seaport facilities and marine navigable channels in localities. 2. All agencies, organizations and individuals shall have to protect seaport facilities and marine navigable channels in accordance with the provisions of law. Article 21.~Management of maritime charges and fees 1. The management of maritime charges and fees related to the management of seaports and marine navigable channels shall comply with the provisions of law on charges and fees. 2. The Ministry of Finance shall. after consulting the Ministry of Transport, set the levels of deduction of maritime assurance charges collected from marine navigable channels invested and operated by enterprises for the purpose of marine navigation safety and marine navigation security assurance and environmental pollution prevention. Chapter III MARITIME SHIPPING ACTIVITIES IN SEAPORTS AND MARINE NAVIGABLE CHANNELS Section 1. PROCEDURES FOR FOREIGN VESSELS TO ARRIVE AT SEAPORTS Article 22.· General requirements on vessels entering seaports 1. Foreign vessels of all types, regardless of their size, flag state and use purpose, may enter a seaport only when they satisfy all safety, security, environmental pollution prevention and other conditions as provided for by law. 2. Foreign vessels of all types may enter only seaports which have been announced and harbors and wharves which have been permitted to be put to use for cargo loading and discharge and passenger embarkation and disembarkation. Article 23.- Procedures of application for permission for vessels of some specific types to arrive at seaports 1. For foreign warships, procedures shall be carried according to the Government's requlations on operation of foreign warships visiting the Socialist (<:;J VIETNAM LAW & LEGAL FORUM Issue nos 11·12/July 2006 (Gong Bao nos 29-30/July 30, 2006) OFFICIAL GAZETTE 21 Republic; of Vietnam. 2. For foreign vessels propelled by nuclear power and ships carrying radioactive substances, the Prime Minister shall make decision to permit their arrival at tha proposal of the Minister of Transport. 3. For foreign vessels visiting Vietnam at the official invitation of the Government of the Socialist Republic of Vietnam, particular procedures shall be carried out. 4. Foreign vessels applying for permission to arrive at a port for carrying out scientific research, fishery, salvage, sunken property recovery, towing within the port, training, cultural, sports, marine facility construction, natural resource survey, exploration and exploitation activities in Vietnam's sea areas shall have to produce permits or written approvals of relevant competent Vietnamese agencies, Section 2. PROCEDURES FOR VESSELS TO ARRIVEATAND DEPART SEAPORTS Article 24.- Notification on vessels' arrival at seaports Before the expected time of arrival at a seaport, the ship's owner, manager, operator or an authorized person (hereinafter collectively referred to as procedure-completing person) shall send to the port authority of the seaport of arrival a notice on the vessel's arrival at the seaport: 1. Contents of the notice: al Name, flag state, call sign and registration place of the vessel and name of the shipowner; bl Length, breadth, height and draft of the ship when arriving at the port; cl Gross tonnage, gross deadweight, volume and kinds of cargoes on board; dl Numbers of crew, passengers and other persons on board; el Name of the previous port of call and the expected time of arrival at the port; fl Purpose of arrival. For foreign vessels visiting Vietnam under the provisions of Article 23 of this Decree. upon arrival at Vietnam, the permit or written approval of a relevant competent Vietnamese agency must be presented; gl Name of the shipowner's agent in Vietnam (if any); Procedure-completing persons may use the form "General Declaration" included in AppendiX I to this Decree for notification of the vessel's arrival at the port. 2 Time of notification al For vessels of aU types, except vessels specified at Point b of this Clause, at least 8 hours before the expected time of arrival. bl For vessels to arrive at a Vietnamese port for the first time, warships, sea-qoinq ships propelled by nuclear power, ships carrying radioactive substances on board, and vessels visiting Vietnam at the official invitation of the Government of the Socialist Republic of Vietnam, at least 24 hours before the expected time of arrival at the port. Article 25.- Confirmation of vessels' arrival at seaports 1. At least 2 hours before the expected time of arrival at the pilot reception area, the procedure completing person shall confirm the exact time of arrival to the concerned port authority. If there are sick persons, dead persons, persons rescued from the sea or immigrants on board, at this last confirmation, the shipowner shall notify the names, ages, nationalities, illness conditions or causes of death and other relevant requests. 2. Fur vessels on entry, after receiving the © VIETNAM LAW & LEGAL FORUM 22 OFFlcrAL GAZETTE Issue nos 11·12/July 2006 (Gong Baanos29-3UIJuly 3U, 2UU6) confirmations of the procedure-completing person, the concerned port authority shall immediately notify its arrival to other specialized state management agencies for coordination. Article 26.- Maneuvering of vessels to enter seaports 1. Directors of port authorities shall be responsible for designating the positions of anchorage or moorage of vessels in the port waters within 2 hours after receiving the notifications that the vessels have arrived at the pilot reception point. For vessels on entry, immediately after maneuvering a vessel to enter the port, the port authority shall also have to inform other specialized state management agencies of the designated time and position of anchorage or moorage of the vessel in the port. 2. Directors of port authorities shall base themselves on the vessel type and size, kinds of cargoes, wharf conditions and the port's management plan to designate the positions of anchorage or moorage of vessels for cargo loading and discharge and passenger embarkation and disembarkation. Only directors of port authorities shall be entitled to change the positions of anchorage or moorage already designated for vessels. Article 27.- Venues, time limits and papers for completion of procedures for vessels to enter seaports 1. For Vietnamese vessels operating along domestic routes: al Venue for processing procedures: head office or representative office of the port authority; bl Time limit for ship owners to complete procedures: Within 2 hours after the vessel has been anchored or moored at the wharf or 4 hours after the vessel has anchored or moored in other positions in the port waters; cl Time limit for port authorities to complete procedures: For seagoing ships: Within 1 hour after the ship owner has submitted and presented all of the following valid papers: + Papers to be submitted (originals): • 01 general declaration; • 01 crew list; • 01 passenger list (if any); • Port clearance permit issued by the previous port of call, + Papers to be presented (originals): • The vessel registration certificate; • The vessel's technical safety certificates as prescribed; • The Grew book; • Crew's professional certificates as prescribed. ... For vessels of other types, papers to be submitted and presented shall comply with relevant provisions of law. dl Procedures specified in this Clause for Vietnamese vessels operating along domestic routes to enter a port shall be completed by port authorities. 2. For Vietnamese and foreign vessels on entry: al Venue for processing procedures: Head office or representative office of the port authority, except for cases specified at Point b of this Clause. bl Cases where procedures are processed on board: Passenger ships; Where there are sufficient grounds to doubt the truthfulness of the ship owner's quarantine declaration or the vessel's previous port of call is located in areas affected by human, animal or plant epidemics, concerned state management agencies shall complete procedures in the quarantine area. (C) VIETNAM LAW & LEGAL FORUM Issue nos 11-121July 2006 (Cong Baa nos 29-301July 30, 2006) OFFICIAL GAZETTE 23 In both cases, specialized state management agencies shall immediately inform the port authorities and ship owners thereof. c/ Time limit for procedure-completing persons to complete procedures: Within 02 hours after the vessel has been safely anchored or moored in the position designated by the director of the port authority; dl Time limit for specialized state management agencies to complete procedures: Within 1 hour after the procedure-completing person has submitted and presented all of the following valid papers: Papers to be submitted (originals): + 03 general declaration, to be submitted to the port authority, the border guard and the border-gate customs authority; + 03 crew lists, to be submitted to the port authority, the border guard and the border-gate customs authority; + 01 passenger list (if any), to be submitted to the border guard; + 01 cargo declaration, to be submitted to the border-gate customs authority; + 02 dangerous cargo manifests (if any), to be submitted to the border-gate customs authority and the port authority; + 01 ship's stores declaration, to be submitted to the border-gate customs authority; + 01 crew's effects declaration, to be submitted to the border-gate customs office; + 01 health quarantine declaration, to be submitted to the international medical quarantine office; + 01 plant Quarantine declaration (if any), to be submitted to the plant quarantine office; + 01 animal quarantine declaration (if any), to be submitted to the animal quarantine office; + Port clearance permit issued by the previous port of call, to be submitted to the port authority. Papers to be presented (originals): + The vessel registration certificate; + The vessel's technical safety certificates; + Crew's professional certificates as prescribed. + Crew's passports, the crew book; + Crew's international vaccination certificates; + Papers related to cargoes on board; + The health quarantine certificate; + The plant quarantine certificate (if any); + The animal quarantine certificate or the animal product certificate (for cargo being animal products) issued by the country of exportation; l' The certificate of insurance for the shipowner's civil liability for environmental pollution, for vessels specializing in transporting petroleum, petroleum products and other hazardous cargoes; + Passports and international vaccination certificates of passengers (if any, upon the request of relevant specialized state management agencies). Particular1y for vessels of a deadweight of 200 OWT or less operating under the flag of a country bordering on Vietnam, when they arrive at a seaport in the border area between Vietnam and such country, they shall be exempt from the papers specified in this Clause according to regulations of the Minister of Transport. 3. Specialized state management agencies may request shipowners to submit and present papers related to their management functions which are specified at Point d, Clause 2 of this Article and shall immediately notify the port authoritiesof the completion of procedures; in case they cannot complete procedures yet, they shall state the reasons therefor and the mode of settlement. 4. Vessels that have completed entry procedures at a Vietnamese port shall not be required to complete entry proceduresspecified in Clause 2 of thiS Article © VIETNAM LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue nos 11.12/July 2006 (Cong Baa nos 2g-30lJuly 30, 2006) when they call at another port. The port authority of the subsequent port of call shall base itself on the port clearance permit issued by the port authority of the previous port of call and the general declaration of the proceoure-cornpletlnq person to decide to permit the vessel to operate in the port; other specialized state management agencies shall base themselves on the port transfer dossier (if any) supplied by the corresponding agencies in the previous port of call to perform their management duties according to the provisions of law. 5. Procedures for foreign warships and other foreign vessels visiting Vietnam at the invitation of the Government of the Socialist Republic of Vietnam shall comply with separate regulations. Article 28.- Notification on vessels' departure from seaports 1. At least 02 hours before a vessel departs from a port, the procedure-completing person shall notify the port authority of the name of the vessel and the expected time of departure. 2. For vessels on exit, immediately after receiving the notification of the procedure-completing person, the port authority shall immediately notify concerned specialized state management agencies thereof for timely completion of exit procedures for the vesseL Article 29.- Venues, time limits and papers for completion of procedures for vessels to depart from seaports 1. For Vietnamese vessels operating along domestic routes: al Venue for processing procedures: Head office or representative office of the port authority; bi Time limit for shipowners to complete procedures: At least 2 hours before the vessel departs from the port; cl Time limit for port authorities to complete procedures: Within 1 hour after the shipowner has submitted and presented aU the following valid papers: Papers to be submitted (originals): 01 general declaration. Papers to be presented (originals): +The vessel's certificates and crew's professional certificates (if there is any change compared to the time of arrival); + Papers certifying the payment of charges, fees, fines or debts as prescribed by law. df Procedures specified ln this Clause for Vietnamese vessels operating along domestic routes to arrive at ports shall be completed by port authorities. 2. For vessels on exit: al Venue for processing procedures: Head office or representative office of the port authority; Particularly for passeoqer ships, procedures may be processed on board by specialized state management agencies only. bl Time limit for procedure-completing persons to complete procedures: At least 02 hours before the vessel departs from the port. Particularly for passenger ships and vessels operating along fixed routes, no later than immediately before the vessel departs from the port; cf Time limit for specialized state management agencies to complete procedures: Within 1 hour after the procedure-completing person has submitted and presented all the following valid papers: Papers to be submitted (originals): + 03 generl'll declarations, to be submitted to tha port authority, the border guard and the border-gate customs authority; + 03 crew lists (ifthere is any change compared to the time of arrival), to be submitted to the port authority, the border guard and the border-gate customs ,:g VIETNAM LAW & LEGAL FORUM Issue nos 11·121July 2006 (Cong Bao nos 29-30/July 30, 2006) OFFICIAL GAZETTE 25 authority; + 01 passenger list (if there is any change compared to the time of arrival), to be submitted to the border guard; + 01 ship's stores declaration, to be submitted to the border-gate customs authority; + 01 cargo declaration (if carrying any cargoes on board), to be submitted to the border-gate customs authority; T 01 passenger's effects declaration, to be submitted to the border-pate customs office; particularly for effects ofpassengers on board foreign passenger ships arriving at and departing from the port on the same voyage, customs declaration shall not be required; +Other papers already issued by specialized state management agencies to the vessel, crew and passengers (for withdrawal), Papers to be presented (originals): + The vessel's certificates (if there is any change compared to the time of arrival); + Crew's professional certifrcates (if there is any change compared to the time of arrival); + Crew's and passengers' passports; + Crew's and passengers' international vaccination certificates (if there is any change compared to the time of arrival); 4- The health quarantine certificate (f any); + The animal quarantine certificate or the animal product certificate (if any): + Papers related to cargoes on board; + Papers certifying the payment of charges, fees. fines or debts (if any) according to the provisions of law. Article 30.- Venues, time limits and papers for completion of procedures for vessels on entry and exit at offshore oil ports 1. Venues, time limits and papers shall comply with Article 27 and Article 29 of this Decree. The time limit for completion of procedures for vessels on entry and exit at offshore oil ports shall be deemed to expire when the shipowner's agent submits aU papers as prescribed to specialized state management agencies at the head office of the port authority. 2. Papers specified in Clause 1 of this Article shall be submitted and presented in the following order: aJ Upon entry, procedure-completing persons shall fax to the port authority the follOWing papers: 01 general declaration; 01 crew list; ~ 01 certificate of insurance for the shipowner's civil liability for oil pollution. b/ When the port authority receives all papers specified at Point a of this Clause, it shall issue a port clearance permit to the ship through the shipowner's agent, who shall sign for certification of the receipt of such port clearance permit; c/ Within 24 hours after returning to the shore, the shipowner's agent shall submit all papers (originals) required to be submitted and papers (copies signed by the shipmaster and stamped) to be presented. In addition, he/she shall also submit a copy of the port clearance permit, signed by the shipmaster and stamped. 3. The provisions of this Article shall also apply to foreign vessels completing entry or exit procedures in the Vietnamese offshore waters for carrying out oil and gas prospecting, exploration and exploitation activities, providing petroleum services or building marine facilities. Article 31.- Conditions for vessels to depart from seaports C9) VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETTE Issue nos 11·12/July 2006 (Gong BaD nos29-JOIJUly 30, 2006) 1. Voescla may depart from a port only after having completed procedures specified in Article 29 of this Decree and be issued a port clearance permit by directors of port authorities, except for cases specified In Clause 2 and Clause 3 of this Article. 2. Directors of port authorities shall not issue port clearance permits to vessels in the following cases: al The vessel fails to meet necessary seaworthiness conditions related to its hull, equipment, complement and professional competence of crew, food provisions and fuel; bl The vessel's actual draft is higher than the permitted load line or the vessel is heeled by over 8 degree in the free floating state or its hull is not watertight; cl The vessel carrying bulky cargoes. grains or extra-long, extra-heavy cargoes, dangerous cargoes, deck cargoes lacks necessary security measures as required for the transportation of such cargoes; dl The vessel has not yet been repaired to fUlly meet conditions on marine navigation safety, marine navigation security and environmental pollution prevention as requested by the port authority. maritime inspectorate or seagoing ship registry body; el Other threats to the safety of the vessel and persons, cargoes on board or to the marine environment are detected; fl An warrant to arrest the vessel or retain cargoes on board has been issued by a competent court or agency under the provisions of law. 3. In case a vessel has been issued a port clearance permit but it still stays in the port for more than 24 hours counting from the date of receipt of such permit, it shall have to re-fill procedures for departure from the port. 4. If the vessel shall temporarily stay in the port for no more than 12 hours, the shipmaster shall have to notify the port authority thereof. The port authority shall coordinate with specialized state management agencies in completing arrival and departure procedures for the vessel at the same time. Article 32.- Foreign vessels in transit 1. Procedures of application for permission, notification and confirmation: aI Procedures of application for permission: ~ At least 12 hours before the expected time of arrival at the anchoraqe area for transit, the procedure completing person shall send to the port authority in charge of such area an application for permission for transit as prescribed in Clause 1, Article 24 of this Decree. Within 2 hours after receiving the application for permission specified at Point a of this Clause, the port authority shall grant a permit for transit according to a set form; in case of refusal, it shall issue a written reply, clearly stating the reason therefor. bl Notification and confirmation: The notification and confirmation shall be effected in accordance of the provisions of Articles 24, 25 and 28 of this Decree. 2. Venues, time limits and papers for completion of procedures: al Venues and time limits for completion of procedures shall comply with the provisions of Article 27 and Article 29 of this Decree. bl At least 2 hours before making the transit, the procedure-completing person shall submit and produce to the port authority in charge of the anchorage area the following papers: Papers to be submitted (originals): + 01 general declaration: © VIETNAM LAW & LEGAL FORUM Issue nos 11·121July 2006 (Gong Baa nos 2Y-301July 30, 2006) + 01 crew list; OFFICIAL GAZETTE Section 3. USE OF MARITIME PILOTS 27 + 01 passenger list (if any); + 01 cargo declaration (if any); Papers to be presented (originals): + The vessel's registration certificate; + The vessel's technical safety certificates; + Crew's professional qualification certificates; + Crew's passports and the crew book; + The certificate of insurance for the shipowner's civil liability for environmental pollution, for vessels speciauztnq in transporting oil, 011 products and other dangerous cargoes; \- Passengers' passports (if any). 3. Immediately after issuing a permit for transit, made according to a set form, the port authority shall notify other concerned authorities of ports related to the transit route, the border guard and customs authorities and other specialized state management agencies thereof for coordination in managing transit activities of vessels. Article 33.- Working time for completion of procedures Specialized state management agencies in seaports shall complete procedures for vessels entering and leaving ports around the clock aU days, including weekends and holidays. Article 34.- Form of declaration 1. Declaration for completion of procedures for vessels entering and leaving seaports or in transit shall be made according to set forms. 2. Declaration papers may be sent or forwarded to specialized state management agencies in seaports by fax. email or mail or in person. Article 35.· Cases of exemption from maritime pilotage 1. Foreign vessels of a gross tonnage of under 100 GT. 2. Vietnamese vessels of a gross tonnage of under 2,000 GT. 3. For vessels whose masters are Vietnamese citizens possessing a maritime pilotage certificate and a maritime pilotage area certificate relevant to the vessel's type and the maritime pilotage area where the vessels are operating, such masters may steer their vessels without a pilot, provided that sucn steering shall be notified in advance to the concerned port authorities. 4. Masters of vessels specified in Clauses 1, 2 and 3 ofthisArticle may request a pilot to steer their vessels if deeming it necessary. Article 36.- Time of provision of pilots 1. At least 6 hours before the expected time of receiving a pilot aboard, the shipmaster, the Ship owner's agent orthe ship operator shall send a request for the service of a pilot to the pilotage organization: this time limit may be shorter in emergency cases to prevent marine accidents. Ifwishing to change the time of reception of a pilot or to cancel the request for the service of a pilot, this should be notified to the pilotage organization at least 3 hours before the expected time of reception of the pilot aboard. 2. Pilots shall have to wait at the agreed place for no more than 4 hours, counting from the expected time of reception aboard; past this time limit, the request for the service of a pilot shaJJ be deemed to have been canceled and the requester shall have to pay a charge for the waiting time according to (c) VIETNAM LAW & LEGAL FORUM 28 OFFlcrAL GAZETTE Issue nos 11·121July 2006 (C6ng Bao nos 29-301July 30, 2006) regulations. 3. Within 1 hour after receiving a request for the service of a pilot, the pilotage organization shall have to notify the port authority, the procedure-completing person or ship operatorof the expected place and time for a pilot to embark the vessel. If a pilot embarks the vessel late or at a place other than the already notified place, thus keeping the vessel waiting or causing it to move to another place, the pilotage organization shan have to pay a charge for the vessel's waiting time according to regulations. Section 4. OPERATIONS OF VESSELS IN SEAPORT WATERS Article 37.- Requirements on operation of vessels 1. Maneuver orders issued directors of port authorities with respect to operations of vessels in seaports shall all be obeyed in a prompt. accurate and full manner. After receiving a maneuver order, if deeming that there are insufficient conditions for executing it forthright, the shipmaster shall have to report it to the port authority for timely handling.Without orders of directors of port authorities, seagoing ships shall not be permitted to maneuver, anchor, moor or change their position within marine navigable channels, water areas in front of wharves and other restricted areas prescribed by directors of port authorities. 2. When operating in Vietnamese seaport waters, all vessels shall have to observe the Regulations for Preventing Collisions at Sea. 3. When vessels operate in the seaport waters, shipmasters shall have to comply with the following provisions: al Maintaining contact with port authorities through VHF devices on the notified channel; bl Fully observing regulations on the limit speed when passing through channels, warning signals, lookout regime and other regulations. Taking initiative in moving at a safe speed when passing through areas where underwater activities, activities of dredging, laying marking buoys, recovery and salvage activities, fishery activities are taking place or when passing by other vessels being anchored or maneuvering in such areas; cI Outside the prescribed hours, vessels must not pass narrow channels, areas subject to restricted passage or beneath high-voltage power lines when the height of vessels exceeds the clearance height; dl Anchor gear and other similar equipment must be constantly kept ready for quickly executing shipmaster's orders; el Vessels are prohibited from dragging or pulling anchors underwater While operating in a channel or canal, except in emergency cases where it is compulsory to limit the vessel's momentum and avoid possible accidents; fl Observing regulations on the assistance of tugboats in the port waters. Depending on the practical conditions and for the purposes of ensuring marine navigation safety in the areas, directors of port authorities shall specify the number and capacity of tugboats to assist seagoing ships in the port waters. 4. Apart from complying with the provisions of this Article, shipmasters or commanders of vessels specializing in dredging channels, installing navigation signals, exploiting sand, conducting surveys or measurements, or operators of pile-driving machines, floatingcranes and other equipment shallhave to apply for permission of the port authorities in charge of the areas concerned when carrying out activities in the port waters. While carrying out such activities, necessary warning signals must be displayed and all instructions of the port authorities observed. 5. Before entry procedures for the vessel to enter ,0 VIETNAM LAW & LEGAL FORUM Issue nos 11·121Jufy 2006 (Gong BaD nos 29-30/July 30, 2006) OFFICIAL GAZETTE 29 the port are completed and after exit procedures tor the vessel to leave the port are completed, persons on board are prohibited from c.ontacting person!'; other than the pilot and staff on duty who are carrying out procedures on board Article 38.- Requirements on the anchorage or moorage of vessels 1. When a vessel is drifted or shifted from its position of anchorage or moorage due to objective causes, appropriate handling measures must be promptly taken and port authorities notified thereof. 2. When a vessel has been safely anchored or moored in the designated position. its main engine must be constantly kept ready to operate when necessary. On the deck and at the sides of vessels, there must be lights for use at night or when visibility is restricted. Appropriatewarning signals, either signs or sound signals. must be sufficiently maintained at any point of daytime or in different weather conditions. 3. Non-self-propelled and other rudimental water crafts may be anchored or moored only in areas separately reserved for them and in the course of anchorage or moorage, there must be adequate manning and tugboats of an appropriate capacity on duty and ready to maneuver such crafts when necessary. Article 39.- Responsibilities of port enterprises 1. To arrange positions for vessels to anchor or moor and move and notify port authorities thereof. 2. After receiving notifications of port authorities on plans on maneuvering vessels into the ports, port enterprises shall have to fulfill the following requirements: al To keep the wharf clear of any other crafts that might obstruct vessels from landing at the Wharf. The part of the wharf reserved for a vessel to land at shall be at least 20 meters longer than the overall length of the vessel. bl The wharf must be sufficiently lighted at night and clear of any objects on its surface which might obstruct or cause danger to the anchorage and moorage of vessels or other ordinary activities of crew and passengers; cl To arrange skilled workers to tie and untie mooring lines. Bollards must be made ready for quickly and safely tying and untying mooring lines.At positions for tying and untying mooring lines appropriate signs must be shown (red flags at daytime and red lights at nighttime); dl The wharf shall be completely prepared at least 1 hour before the expected time of anchorage or moorage for vessels coming from the sea or at least 30 minutes for vessels changing their positions within the port waters; el To ensure security and order conditions at the ~ wharf area for cargo loading and discharge and passenger embarkation and disembarkation. Article 40.- Drawing alongside vessels 1. Port authorities may permit vessels to draw alongside one another only after obtaining the agreement of shipmasters concerned and ensuring the following principles: at Seagoing ships of a gross tonnage of 1,000 GT or more each may draw alongside by twos. Vessels of other types may draw alongside by threes, provided that they shall not obstruct normal activities in seaport fairways and water areas in front of the wharf. Director of port authorities shall base themselves on marine navigation safety assurance conditions to permit vessels to draw alongside one another in manners not stipulated herein; bl Vessels of a bigger size shall not be allowed to Ie) VIETNAM LAW tic LEGAL FORUM 30 OFFICIAL GAZETTE Issue nos 11·121July 2Q06 (Gong BaD nos 29-30/July 30,2006) draw alongside vessels of smaller size from outside; cI Between two vessels drawing alongside one another there must be fenders and ladders and they must be propertytied; dl Only vessels supplying water, oil, food , provisions, equipment and other provisions, pilot vessels, fire-extinguishing vessels, vessels transshipping passengers from passenger ships or similarservicevesselsmaydrawalongsidepassenger ships. 2. Shipmasters must use appropriate kinds of mooring linesfor mOOring their vessels.Mooringlines must not be tied around beams, frames or other structures of port facilities not designatedfor mooring vessels. Article 41.- Watch-keepIng when vessels operating in ports 1. While vessels operating in a port, shipmasters must arrange look-outswhoare ready to deal with the drifting of anchors, broken mooring lines or too stretched or too slack mooring lines; and at the same time constantly keep engines, life-saving and fire extinguishing devices and stand-by emergency equipment in the ready-to-operate state. 2. On board a vessel anchored or moored at the wharf. two thirds of crewmenmust be maintainedand on board a vessel anchored or moored elsewhere in the port waters one third of crewmen must be maintained insufficientappropriate postswhoareable to maneuverthevesselor dealwith emergencycases. 3. Directors of port authorities shall have to keep shipmastersinformedof changesin geographical and hydrological conditions, storms and of necessary preventivemeasuresto be taken in the seaportzones where their vessels are operating. 4. When a storm is imminent, vessels shall all quickly moveto storm-snenennq areasdesignatedby directors of port authorities. Article 42.- Proceduresfor detention of seagoing ships 1. Directorsof port authorities shall issuedecisions to detain seagoing ships in the cases specified in Clause 1, Article 68 of the Vietnam Maritime Code. Such a decision shall be immediately forwarded to the shipmaster, the Vietnam Maritime Administration and concerned state management agencies in the seaport. 2.A decisionto detaina seagoing shipshall include the following details: aJ Name and flag state of the ship to be detained; bl Reasons for the detention of the ship; cJ Time of commencementof the detention; dl Requests to be complied with; el Otherdetails relatedto the detentionof the ship. 3. Upon receiving the decision to detain the ship issued by the director of the port authority, the shipmaster, shipowner or ship operator shall have to complywith requestsspecifiedat Pointd, Clause 2 of this Article. 4. After the reasonfor detentionof a seagoingship no longer exists, the directorof the portauthority shall have to issue a decision to terminate the detention of the ship and send it to the shipmaster. the Vietnam Maritime Administration and state management agencies in the seaport. 5. A decision to terminate the detention of a seagoing ship shall include the following details: at Name and flag slate uf the detained ship; bl Time of terminationof the detentionof the ship; d Other details related to the termination of the &' VIETNAM LAW & LEGAL FORUM Issue nos 11·121July 2006 (Gong Bao nos 29-30/July 30, 2006) detention of the ship. OFFICIAL GAZETTE detected. 31 Section 5. SALVAGE AND HANDLING OF MARINEACCIDENTS Article 43.- Obligation to salvage 1.To rescue persons and salvage vessels involved in accidents in seaports is the compulsory duty of aU organizations, individuals, vessels and other crafts currently operating in seaports. 2. When detecting an accident or the m'reatthereof, the detecting person shall immediately emit SOS signals as prescribed and take appropriate salvage and preventive measures to rescue persons, salvage property and limit losses. 3. When an accident occurs, the shipmasters of vessels involved in the accident and shipmasters of other vessels shall immediately organize search and rescue of persons whose life is in danger and urgently take necessary measures to rescue persons and salvage vessels and cargoes. Less damaged vessels must assist more seriously damaged vessels even though the accident is not caused by their fault. 4. Directors of port authorities shall be entitled to mobilize all forces, port equipment, vessels and other crafts available in the ports to rescue persons and salvage vessels in distress. All related organizations and individuals shall be obliged to obey orders of directors of port authorities when participating in rescuing persons and salvaging vessels in distress. Article 44.~ Responsibility to report on marine accidents Shipmasters shall be obliged to report to directors of port authorities on marine accidents and incidents occurring to their vessels or other marine accidents and incidents as well as failures and malfunctions of the marine navigation signal system in port waters, if Section 6. ASSURANCEOF SAFETY. ORDER AND SANITATION IN SEAPORTS Article 45.- Flying of flags on board vessels 1. The flying of flags on board vessels operating in ports is prescribed as follows: Foreign vessels shall fly the national flag of the Socialist Republic of Vietnam at the top of the highest mast on board from sunrise to sunset. Particularly for Vietnamese vessels, the national flag of the Socialist Republic of Vietnam shall be flown at the mast at the stern. 2. On the National Day of the Socialist Republic of Vietnam or when a head of state is paying a visit to the port, aU vessels berthing in the port shall, at the request of the director of the port authority, fly the flag in ceremony. 3. Foreign vessels, when wishing to fly their flags in ceremony, at half-mast or blow the whistle on the occasion of their national ceremonies, shall have to notify in advance the port authorities thereof. 4. Directors of port authorities may exempt some rudimentary water crafts operating in port waters from flying the national flag. 5. The flying of the national flag mentioned in Clause 1 of this Article on board warships visiting Vietnam at the official invitation of the Government of the Socialist Republic of Vietnam shall comply with the provisions of Vietnamese law. Article 46.- Ladders and mooring lines 1. Ladders for embarking and disembarking a vessel must be lighted and adjusted according to the vessel's draft at each point of time of the day, be C VIETNAM LAW & LEGAL FORUM 32 OFFlcrAL GAZETTE Issue nos 11·121July 2006 (Gong BaD nos 29-301July 30, 2006) securely placed and cause no danger to users. In ladder areas there must be always persons on watch and life buoys as prescribed. Ladders must have handrails and protective nets beneath. 2. Mooring lines must be protected against rats as prescribed. Article 47.- Safety. order and sanitation on board vessels 1. AU vessals must have their names or numbers and places of registration displayed as prescribed. 2. Shipmasters shall have to ensure safety, order and sanitation on board their vessels in accordance with the provisions of Vietnamese law. 3. When a vessel is anchored or moored the port water. apart from crewmen in the vessel's complement and passengers carried on board, only persons on duty designated by competent agencies or organizations may embark the vessel; for foreign vessels, an embarkation permit issued by the port's border guard is additionally required. Shipmasters shall be held responsible if they let persons not on duty embark their vessels. 4. When a vessel is anchored or moored in the port waters, the following acts shall be banned: al Slowing the whistle or using electric loudspeakers for communication, except for the case of emitting SOS signals or blowing the whistle under the order of the director of the port authority; bl Scrapping the funnel or discharging black smoke; cl Cleaning cargo holds or the deck, causing environmental pollution; dl Pumping out dirty water, dirty residues, waste, oil or oily compounds and other harmful SUbstances: el Throwing or dumping rubbish or other articles from the vessel into the water or onto the Wharf; fl Scattering equipment and property on the Wharf; gl R7moving rust and painting the vessel, causing environmental pollution; hi Carrying out repairs, testing engines or the whistle without permission of the port authority; il Use life-saving and fire-extinquishinq devices for improper purposes; jl Swimming or causing disorder in the port. Article 48.- Dumping of rubbish and discharge of waste water and ballast water 1. Vessels, while under way in a port, shall have to dump rubbish, pump out dirty water and ballast water accordinq to regulations and instructions of the port authority. 2. Port enterprises or vessel cleaning service providing organizations and units in a port shall have to arrange facilities for reception of rubbish and dirty water discharged from vessels and be entitled to correct service charges as prescribed. Article 49.- Sports activities and military exercises Only when approved in writing by directors of port authorities, sports competitions, military exercises and other similar activities may be organized in the seaport waters in accordance with the provisions of Vietnamese law. Article 50.- Transportation of persons and cargoes and fishery activities in the seaport waters 1.Vessels transporting persons and cargoes in the seaport waters shall have to observe relevant provisions of law. 2. The placement of bottom fish traps, fishing and culture of aquatic resources in the seaport waters shall comply with relevant provisions of law and be permitted by directors of port authorities. \\~) VIETNAM LAW & LEGAL FORUM Issuenos11·121July 2006 (Cong BaD nos 29-30/July 30, 2006) OFFICIAL GAZETTE 33 Article 51.- Responsibilities of shipmasters in cargo loading and discharge, repair and cleaning of vessels 1. Before carrying out activities of loading and discharging cargoes, repairing and cleaning vessels, shipmasters shall be responsible for preparing necessary conditions for ensuring marine navigation safety and labor protection and strictly observe relevant provisions of law. 2. Shipmasters may permit the shut~up of cargo holds or allow,somebody to go into carqo holds after checking ahd m'aking sure that no incidentshall occur. 3. In the course of cargo handling, if detecting unsafe signs, shipmasters or persons in charge of cargo handling shall immediately suspend the work and deal with them. 4. When a labor accident occurs on boarda vessel, the shipmaster shall qUiCkly organize the render of first aid to the victim(s), take necessary measures to restrict its consequences, immediately notify the port authority concemed thereof and implement relevant prov'srons of law. Article 52.- Assurance of order and safety in the port premises 1. Directors of port enterprises shall have to organ ize and direct activities of the port guard forca in accordance with relevant provisions of law and the practica4 conditionsof the portsmanagedand operated by their enterprises. 2. Depending on management requirements, specialized state management agencies in charge of border guard and customs in seaports may use port gates in service of the performance of theirduties after reaching agreement thereon with 'portenterprises. 3. All persons and means, once permitted to operate in the portpremises, shallhave to fully observe all relevant provisions of Vietnamese law. Section 7. FIREAND EXPLOSION PREVENTION AND FIGHTING AND PREVENTION OF ENVIRONMENTAL POLLUTION Article 53.- Responsibilities of port enterprises and vessels for fire and explosion prevention and fighting 1. Shipma::>ter::> of vessels operating in seaports shall be obliged to observe, and supervising the observance, of regulations on fire and explosion .prevention and fighting. 2. Fire and explosion prevention and fighting equipment of seaportsand vessels must be constantly kept in the ready-to-operate state and located at prescribed places. 3. At aU places prone to fire and explosion or in other areas and locations in seaports and on board vessels there must be warning signs or instructions as prescribed by law. 4. All persons on duty at places prone to fire or explosion on board vessels and in seaports must be adequately trainedin fire and explosionpreventionand fighting skills. 5. For fuel reception, the following must be done: al Making ready all fire-extinguishing and explosion-preventing equipment; bl Securely closing all doors at the side along which the fuel-supplying vessel draws; cI Observing all technical safety processes and rules when receiving fuel; dl Arranging person on duty on the deck and at the fuel reception place. 6. It is strictly prohibited to use fire and explosion preventionand fightingeqUipment of portsand vessels c; VIETNAM LAW & LEGAL FORUM 34 OFFICIAL GAZETTE Issue nos 11·121July 2006 (COng BaD nos 29-JOIJuly 30, 2(00) for improper purposes. 7. It is strictly prohibited to perform spark-emitting work on the deck, in cargo holds or engine cabins without permission of port authorities. 8, For fuel reception, it is strictly prohibited to do the following: aJLetting another vessel draw alongside; bl Pumping fuel through pipes, hoses or joints not up to technical standard; cI Receiving fuel when there are still passengers on board (for passenger vessels). 9, Before granting permission for repair and cleaning of vessels or other maritime shipping activities in the port waters which are deemed likely to affect fire and explosion prevention and fighting plans, directors of port authorities must consult expertise opinions of local specialized fire and explosion prevention and fighting departments. Article 54.- Coordination in fire and explosion prevention and fighting in seaports 1. Directors of port authorities shall have to collaborate with specialized fire and explosion prevention and fighting agencies in the areas under their management in making necessary fire and explosion prevention and fighting plans for vessels operating in such areas according to relevant regulations. 2, Directors of port authorities shall be responsible for commanding activities of salving vessels involved ;n a fire or explosion in the port waters till competent commanders of specialized fire and explosion prevention and fighting forces come to the scene. 3.Directors of port enterprises shall be responsible for commanding activities of coping with fires and explosions in the port premises till competent commanders of specialized fire and explosion prevention and fighting forces come to the scene. Article 55.-Requirements for oil vessels and other dangerous cargo vessels Apart from relevant provisions of law on prevention of environmental pollution, all oil vessels and other dangerous cargo vessels. when operating in seaports, shall also have to strictly comply with the following requirements: 1. Two vessels are prohibited from drawing along side one another while they are loading or discharging inflammable or explosive cargoes, except for the case of supplying fuel from one vessel to another or of transshipment. 2. All oil or other dangerous cargo vessels may load or discharge cargoes at de:;ignated places. All vessels mentioned in this Clause are also prohibited from anchoring or mooring -at places not designated for them. 3. At places mentioned in Clause 2 of this Article, there must be equipment for fire and explosion prevention and fighting as well as environmental pollution prevention. Such equipment must be constantly kept in the ready-to-operate state in the course of loading or discharging cargoes. 4. The loading, discharge and preservation of inflammable and explosive cargoes or other dangerous cargoes shall strictly comply with current technical safety processes and rufes. 5. When devices for pumping petroleum, petrol, oil, liquefied gas or oil sludge are fitted together, shipmasters and related parties shall have to appoint their representatives for inspection and supervision. 6. Upon the occurrence of an incident or accident related to oil pumping or loading or discharge of other dangerous cargoes, shipmasters shall immediately «: VIETNAM LAW & LEGAL FORUM Issue nos 11-12JJuly 2006 (Gong Bao nos 29-301July 30, 2006) OFFICIAL GAZETTE 35 stop the oil pumping, loading or discharge of such cargoes and promptly apply measures to prevent its consequences; at the same time they shall immediately report such incident or accident to the port authority and concerned functional agencies for coord ination. Article 56.- Requirements on prevention of environmental pollution 1.All organizations, individuals and vessels. when operating in seaports, shall be obliged to comply with the provisions of law on prevention of environmental ponunon, 2. Apart from the provisions of Clause 1 of this Article, vessels operating in seaports shall also comply with the following requirements: aJ All vessels' valves and equipment through Which hazardous substances may leak out must be securely shut up, put back to the inoperative state, be lead sealed up, with notice boards shown at their places. The removal of seals from or the pumping of waste matters and dirty water through valves or equipment mentioned in this Clause shall be subject to approval of directors of port authorities and carried out under the supervision of staff of such port authorities; b/ Before pumping dirty water, oily waste water or other hazardous substances through pipelines laid on deck, all drain holes on deck must be securely covered up and trays must be placed under the joints of the pipelines to collect any leakage; cIAll activities related to the pumping and discharge of oil or other hazardous substances shall be recorded in detail in a particular diary ready for presentation to officers of competent Vietnamese agencies when necessary. Article 57.· Reporting of environmental pollution incidents in seaports 1.The reporting of environmental pollution incidents occurring in seaports shall comply with the provisions of law. 2. Apart from the provisions of Clause 1 of this Article. all vessels operating in seaports shall have to comply with the following requirements: al If detecting a threat or an act of causing environmental pollution, to immediately report it to the port authority; at the same time, to clearly record in the log book the time, location and characteristics of such environmental pollution incident. b/lf theenvironmental pollution incident originates from one's own vessel, to immediately apply measures to effectively respond to the incident, and at the same time, report it to the port authority. Chapter IV COORDINATION OFACTIVITIES OFSPECIALIZED STATE MANAGEMENT AGENCIES IN SEAPORTS Article 58.- Principles of coordination of management activities 1. speciauzeo state management agencies in seaports, when performing their duties, must observe the provisions of law. not cause any troubles affecting activities of port enterprises, shipowners, vessels and other organizations and individuals in seaports. Port authorities shall be responsible for coordinating activities among specialized state management agencies in seaports. 2. Specialized state management agencies in seaports shall have to closely coordinate with one another when performing their duties in order to create favorable conditions for port enterprises, shipowners, cargo owners, vessels and other related organizations and individuals to operate in a safe and effective manner. (r:) VIETNAM LAW & LEGAL FORUM 36 OFFICIAL GAZETTE Issue nos 11·12/July 2006 (Cong Bao nos 29-301July 30, 2006) 3. Any arising prontern related to the functions of other specialized state management agencies shall be settled in time through consultation and agreement; any disagreeing agency shall promptly notify the reason and solution to the port authority in accordance with the provisions of law. 4. Only when the procedure-processing venue is on board a vessel as provided for at Point b, Clause 2, Article 27 and Point a, Clause 2, Article 29 of this Decree or in other special circumstances decided by directors of port authorities, who shall take responsibilityfor such decisions, shall specializedstate management agencies establish a procedure completing team headed by a representative of the port authority and Joined by one officer from each of specialized state management agencies; particularly for passenger ships, in order to quickly complete procedures, specialized state management agencies in charge of border guard and customs may appoint moreofficers tojoin the team, provided that the number of such officers is approved by the director of the port authority. If it is unnecessary to get aboard a vessel, specialized state management agencies may not appoint their officers to join the procedure-completing team mentioned in this Clause but they shall have to promptly report to the port authority on the result of clearance of procedures at their offices. 5. When a specialized state management agency encounters a prublem beyond its settling competence. it shall promptly report the problem to its superior agency for immediate settlement. If deeming it necessary, the concerned ministry and branch shall have to work with the Ministry of Transport in settling the problem and within 4 hours atter receIving the report shall have to report its settlement decision to the concerned agency. organization or individual. 6. In the course of performing their duties, specialized state management agencies shall have to coordinate with other concerned agencies and organizations in the area in ensuring that all maritime shipping activities in seaports strictly comply with the provisions of law. Article 59.- Responsibilities for coordinating management activities 1. In coordinating management activities of specialized state management agencies in seaports, port authorities shall: aJ Assume the prime responsibility for and direct the coordination of management activities of specialized state management activities in seaports; bl Organize and preside over all meetings with specialized state management agencies or other related agencies, organizations and enterprises in the port areas in order to reach agreement on ways of settling any arising problems; cI Request other specialized state management agencies in seaports to promptly notify the results of processing procedures as well as solutions to arising problems; request port enterprises, shipowners, vessels and other concerned agencies and organizations to supply data and information on maritime shipping activities in seaports; dl Propose presidents of provincial-level People's Committees to promptly settle arising problems which fall under the competence of the provinces or cities and are related to the specialized state management in seaports. 2. Other specialized state management agencies in seaports shall: aIClosely coordinate with one another in promptly and lawfully completing procedures related to vessels, cargoes, passengers and crew operating in seaports under this Decree; bl Promptly notify port authorities of the results of processing procedures related to vessels, cargoes, ,VIETNAM lAW & LEGAL FORUM Issue nos 11·121July 2006 (Gong Bao nos 29-30/July 30, 2006) OFFICIAL GAZETTE 37 passengers and crew operating in seaports; cl After receiving and processing information supplied by port authorities of shipowners and completing procedures or facing any problems, promptly notify port authorities thereoftor coordinated settlement in time. Article 60.- Speciali.z.ed inspection, examination, supervision and control in seaports 1. The inspection, supervision, control and protection by specialized state management agencies and other competent agencies with respect to vessels, cargoes, passengers, crew and other objects operating in seaports shall comply with the provisions of this Decree and relevant laws. 2. The direct control and protection on board vessels by specialized state management agencies shall be only carried out in the following cases: al Vessels show apparent signs of violation of the law. blln case of necessity to ensure security, defense, epidemic control, social order and safety. 3. Cadres, public employees and staff of specialized state management agencies and other competent agencies are strictly prohibited from committing acts that are authoritarian, regionalistic, self-seeking, hassling, troublesome and otherwise negative when performing their assigned duties; all related violations shall be handled according to the provisions of law. Article 61.- Responsibilities of ministries, branches and localities for activities of specialized state management agencies at seaports 1. Ministries, branches and localities shall be responsible for directing and guiding activities of their subordinate specialized state management agencies to properly coordinate state management activities in seaports. 2. Tosupervise and inspect subordinate specialized state management agencies and stringently handle wrongdoings and violations in accordance with the provisions of law. Chapter V IMPLEMENTATION PROVISIONS Article 62.- Implementation effect 1. This Decree takes effect 15 days after its publication in ~CONG BAO" and annuls the Govern ment's Decree No. 160/2003/ND-CP of December 18, 2003, on management of maritime shipping activities at Vietnamese seaports and marine navigational areas, and the Prime Minister's Decision No. 133/2003/0D-TTg of July 4, 2003, on management of marine navigable channels. 2. Enclosed with this Decree are 12 appendices (not printed herein). Article 63.- Organization of implementation 1. The Minister of Transport shall assume the prime responsibility for, and coordinate with other concerned ministries, branches and provincial/municipal People's Committees in, organizing the implementation of this Decree. 2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall have to implement this Decree. On behaff of the Government Prime Minister NGUYEN TAN DUNG c VIETNArJ] LAW & LEGAL FORUM