Quyết định 2764/2000/QD-BGTVT

DECISION

ISSUING THE REGULATION ON MANAGING AND SUPERVISING THE OPERATIONS OF HIGH-SPEED PASSENGER BOATS ON INLAND WATERWAYS

THE MINISTER OF TRANSPORTATION AND COMMUNICATIONS

Pursuant to Decree No.22/CP of March 22, 1994 of the Government providing for tasks, powers, State management responsibilities and organizational structure of the Ministry of Communications and Transport;
Pursuant to Decree No. 40/CP of July 5, 1996 of the Government on assuring traffic order and safety on inland waterways;
Pursuant to Article 21 of Decree No. 171/1999/ND-CP of December 7, 1999 of the Government detailing the implementation of the Ordinance on the Protection of Inland Waterway Traffic Works;
At the proposals of the director of the Transport Legal Department and the director of the Vietnam Riverway Administration,

DECIDES:

Article 1.- To issue the Regulation on managing and supervising the operations of high-speed passenger boats on inland waterways.

Article 2.- This Decision takes effect 15 days after its signing. All earlier stipulations that are contrary to this Decision are now annulled.

Article 3.- The director of the Ministry’s Office, the director of the Transport Legal Department, the director of the Vietnam Riverway Administration, the directors of the Communications and Transport Services, and Communication and Public Works Services as well as the heads of the relevant agencies and units shall have to implement this Decision.

REGULATION

ON MANAGING AND SUPERVISING THE OPERATIONS OF HIGH-SPEED PASSENGER BOATS ON INLAND WATERWAYS
(Issued together with Decision No.2764 /2000/QD-BGTVT of September 21, 2000 of the Minister of Communications and Transport)

Chapter I

GENERAL PROVISIONS

Article 1.-

1. This Regulation applies to high-speed passenger boats of domestic and foreign organizations and individuals operating on inland waterways as well as on international traffic waterways between Vietnam and other countries in the region, unless otherwise stipulated in international agreements which the Socialist Republic of Vietnam has signed or acceded to.

2. Passenger boats with designed speed of from 30 km/h upward’ imported or domestically produced, are called high-speed passenger carrying boats (hereafter referred to as high-speed passenger boats).

3. This Regulation shall not apply to specialized high-speed boats used for security and national defense purposes.

Chapter II

MANAGEMENT AND SUPERVISION OF OPERATIONS

Article 2.-

1. Before being formally put into business operation on inland waterways or international traffic waterways, a high-speed passenger boat must go through a period of trial operation under the guidance, monitoring and supervision of a competent State agency. The time for trial operation is stipulated as follows:

a/ For a new-type high-speed passenger boat, when the boat captain has not yet mastered its technical specifications and is not yet accustomed to conducting, or for a high-speed passenger boat that is put into operation on a new route, the minimum period of trial operation shall be six months.

b/ For the routes where high-speed passenger boats have been operating, if another unit or individual put into operation a high-speed passenger boat of the same type, the minimum period of trial operation shall be 3 months.

2. After the period of trial operation, the owner of the high-speed passenger boat shall report the result of the operation to the competent State agency. Basing itself on the result of the trial operation of the boat, the competent State agency shall consider and issue a decision:

a/ Allowing it to operate officially if the trial operation is up to requirements;

b/ To put it on further trial if the trial operation does not meet requirements. The maximum subsequent period of trial shall not exceed the period prescribed in Clause 1 mentioned above.

Article 3.-

1. High-speed passenger boats must be inspected and provided by Vietnam Registry with certificates of technical safety for inland water transport means, ensuring their safe operation in conformity with the water area of operation.

2. High-speed passenger boats must be provided with certificates of registration of inland water transport means issued by the Communications and Transport Services (Communications and Public Works Services) of the localities where the owners of the boats reside, and other valid papers of the means while operating on inland waterways as currently prescribed.

Article 4.- Stricter safety measures must be taken on the routes of operation of high-speed passenger boats. In addition to the existing signals, the waterway traffic management agencies shall, within their scope of responsibility, add other necessary signals, such as to limit the waves caused by the boats, limit the speed, post up the time schedule of the boat passage� at necessary places on the route in order to ensure safety for the operations of other means of transport.

Article 5.- The ports and landing stages for high-speed passenger boats to take or unload passengers must ensure technical conditions as prescribed by the Vietnam Riverway Administration.

Article 6.- Crew members on high-speed passenger boats must have appropriate diplomas and certificates. The boat captain in particular must also have the certificate for conducting high- speed passenger boats as prescribed by the Vietnam Riverways Department.

Article 7.-

1. The owner of a high-speed passenger boat must draw up and perform punctually the time schedule already registered and can operate the boat only after this time schedule is approved by the competent State agency. When approving the time schedule for high-speed passenger boats, the competent State agency must stipulate the time for the boat’s arrival at the ports and landing stages to take and unload passengers and ensure safety for the other water transport means operating at the ports.

2. In case of a change in the time schedule or a suspension of the operation, the owner of the boat must report to the competent State agency that has approved the time schedule and notify the relevant Communications and Transport Service, the Communications and Public Works Service and make announcements 7 days beforehand on the mass media.

Article 8.- Seven days prior to putting the boat into operation on the route (including trial and official operation), the boat owner must announce on the mass media the itinerary, the time of departure and arrival at the ports and landing stages to take and unload passengers as well as the time when the boat goes through complicated waterways.

Article 9.- In case of an incident that causes loss of security and affects the general situation of communication, the boat owner and the conductor must immediately report to the local authorities where the accident takes place, as well as the river traffic police, the inland waterway management agency and the nearest port in order to coordinate in the settlement.

Article 10.- In case of failure by the owner of a high-speed passenger boat to strictly comply with the current regulations on ensuring traffic order and safety on inland waterway and the provisions of this Regulation or where such owner provokes a serious traffic accident, the competent State agency shall issue a decision to suspend the operation of the boat. Only after causes are determined and measures are taken to overcome the consequences, shall the boat owner be considered and allowed or not allowed to resume the boat’s operation.

Article 11.- The first person to operate a high-speed passenger boat on the route shall be accorded priority in the number of operating boats or the number of trips in a day if other owners of boats of the same (or equivalent) type put their boats into operation on the same route. Permits shall be issued by the Communications and Transport Services or the Communications and Public Works Services in the provinces and cities.

Chapter III

IMPLEMENTATION PROVISIONS

Article 12.- The management and supervision of the operations of high-speed passenger boats on inland waterways is stipulated as follows for the competent agencies:

1. The Vietnam Riverway Administration is authorized by the Ministry of Communications and Transport to conduct the management and supervision and to issue decisions allowing high-speed passenger boats to operate on inland waterways linked to international traffic, the centrally-run inland waterways and inter-provincial inland waterways, and guiding the implementation, monitoring and integrating the reports on unified operations of high-speed passenger boats in the whole country.

2. The Communications and Transport Services, the Communications and Public Works Services shall conduct the management and supervision and issue decisions allowing high-speed passenger boats to operate on the locally-run inland waterways and waterways assigned by the Vietnam Riverway Administration, monitor and periodically every six months make an integrated report on the operations of the high-speed passenger boats within their scope of responsibility to the Vietnam Riverway Administration.

Article 13.- Organizations and individuals shall have to strictly implement the provisions of this Regulation. In case of violation, the offender shall, depending on the extent of the violation, be sanctioned for administrative violations; or prosecuted before law if causing serious consequences.