Thông tư 14/2016/TT-BGTVT

CIRCULAR

GUIDELINES FOR VERIFICATION OF GROSS MASS OF CONTAINERS ON INTERNATIONAL MARITIME TRANSPORT

Pursuant to Vietnam Marine Code dated June 14, 2005;

Pursuant to Regulation VI/2 of the National Convention for safety of life at sea dated 1974 amended with the Resolution MSC.380 (94);

Pursuant to the MSC.1/Circ.1475 providing guidelines regarding verified gross mass of containers carrying cargo issued by the International Maritime Organization;

Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20, 2012, defining the functions, responsibilities, entitlements and organizational structure of the Ministry of Transport;

At request of Directors of Departments of Science and Technology and Directors of Vietnam Maritime Administration,

The Minister of Transport hereby issues this Circular providing guideline for verification of gross mass of containers on international maritime transport.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for verification of gross mass of containers on international maritime transport.

Article 2, Regulated entities

This Circular applies to both Vietnamese and foreign organizations and individuals engaging in verifying gross mass of containers on international maritime transport.

Article 3. Interpretation

For the purpose of this Circular, terms herein shall be construed as follows:

1. Consignor refers to any organization or individual that possesses cargoes or entrusts another legal individual or organization to be named on the bill of lading or to enter into the multimodal transport.

2. Gross mass of a container refers to the combined mass of cargoes, dunnage, packing and securing materials and the container tare weight.

3. Verified gross mass declaration refers to a record which specifies the gross mass of the container on international maritime transport.

4. Weighing agency refers to any organization or individual having weighbridges which are used for weighing the gross mass of containers and are certified conformable to regulations of laws on measurement. Weighing agency may be Consignors or weighing service providers.

Chapter II

VERIFICATION OF GROSS MASS OF CONTAINERS

Article 4. Determination of gross mass of containers

1. Every container on international maritime transport shall be weighed and has its gross mass verified.

2. In consideration of its cargo, the Consignor may apply one of two following methods for verification of the container’s gross mass:

a) Weigh the packed container; or

b) Weigh all packages and cargoes, plus contents therein and its tare weight.

3. Costs for weighing the container shall be negotiated by involved parties.

Article 5. Verification of gross mass of containers

1. The verified gross mass of the container shall be declared using the Annex enclosed herewith.

2. The verified gross mass declaration shall be submitted to the ship’s master or his/her representative and port enterprises physically or ellectronically by the following ways:

a) The consignor submits the verified gross mass of the container to the ship’s master or his/her representative; and the ship’s master or his/her representative submits it to the port enterprise thereafter; or

b) The consignor submits the verified gross mass declaration to the ship’s master or his/her representative, and the port enterprise.

Article 6.Requirements for containers to be loaded onto ships

A container is loaded onto ships only if it satisfies the following requirements:

1. Both the ship’s master and his/her representative and port enterprise has received the verified gross mass declaration as stipulated in Article 5 hereof.

2. The gross mass of the container does not exceed the permissible gross mass stated on the safety approval plate (CSC Plate).

Chapter III

RESPINSIBILITIES OF RELEVANT ENTITIES

Article 7. Responsibilities of Vietnam Maritime Administration

Vietnam Maritime Administration shall:

1. Take charge of and cooperate with relevant agencies to implement this Circular.

2. Direct port authorities to supervise and inspect the verification of gross mass of containers on international maritime transport.

3. Disseminate instructions on the implementation of this Circular among consignors, shipping companies and port enterprises.

Article 8. Responsibilities of port enterprises

Every port enterprise shall:

1. Comply with this Circular and relevant regulations of laws on vehicle weight inspection.

2. Publicly notify Consignors, shipping companies and relevant entities of the verification of gross mass of containers.

3. Discuss the application of information on verified gross mass of containers provided by Consignors or Consignor’s representatives with the ship’s master or his/her representatives.

Article 9. Responsibilities of Consignors

Every Consignor shall:

1. Comply with this Circular and other relevant regulations of laws on verification of gross mass of containers.

2. Provide both the ship’s master or his/her representative and port enterprise or port enterprise’s representatives with the verified gross mass of the container as stipulated in Article 5 hereof.

3. Be liable for the accuracy of the verified gross mass of containers and retain verified gross mass data.

Article 10. Responsibilities of weighing agencies

Every weighing agency shall:

1. Have their weighbridges tested or inspected under regulations of laws.

2. Be liable for the accuracy of their weighbridges and gross mass of containers.

Chapter IV

IMPLEMENTATION

Article 11. Entry into force

This Circular enters into forces from August 20, 2016.

Article 12. Implementation organizations

Chiefs of the Ministry Offices , Chief Inspectors of Ministries, Directors and Heads of Vietnam Maritime Administration, Directors of port authorities, Heads of relevant agencies and entities shall be responsible for the implementation of this Circular ./.