Thông tư 47/2015/TT-BGTVT

CIRCULAR

ON THE SCOPE OF RESPONSIBILITIES OF CREWS AND OPERATORS AND THE MINIMUM SAFE MANNING LEVEL ON INLAND WATERCRAFTS

Pursuant to the Law of inland waterway transport dated June 15, 2004 and the Law on amendments to certain articles of the Law of inland waterway transport dated June 17, 2014;

Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 on the functions, missions, authority and organizational structure of the Ministry of Transport;

At the request of the Head of the Department of Personnel and Organization and the Head of the Vietnam Inland Waterways Agency,

Minister of Transport promulgates the Circular on the responsibilities of crews and operators and the minimum safe manning level on inland watercrafts.

Chapter I

GENERAL

Article 1. Scope

1. This Circular defines the scope of responsibilities of crews and operators and the minimum safe manning level on inland watercrafts.

2. This Circular does not govern vessels assigned to national defense and security.

Article 2. Regulated entities

This Circular applies to vessel owners, crews, operators, concerned organizations and individuals.

Article 3. Terminology

In this Circular, the following words and phrases are construed as follows:

1. Watch refers to a work shift on which the crews perform title-based duties on an inland watercraft yet a crew’s work hours shall not exceed 08 per day.

2. Voyage refers to the period during which a vessel operates from the first port of departure to the final port of destination.

Article 4. General responsibilities of crews and operators of inland watercrafts

1. Abide by the laws of Vietnam, international treaties to which Vietnam is a signatory and legal regulations of the countries in whose territories Vietnamese vessels are operating.

2. Adhere to the labor discipline, fulfill title-based obligations at work, adhere strictly to the orders of the ship’s master and direct superior, fulfill all formalities of shift handover, and maintain complete and clear logs.

3. Disembark from the vessel only with the permission of the highest-ranked officer aboard or of the vessel owner.

Article 5. Responsibilities of vessel owners

1. Establish the crew discharge book and the log of VR-SB sea-river vessel according to Appendix I and Appendix II to this Circular, respectively. The vessel owner shall establish other logs on watch, oil, refrigeration equipment, electricity, radio, weather station and mobilization if necessary for professional needs.

2. Deploy crews in adequate quantity and of title-based quality aboard the vessel in line with the amount of daily watches.

3. Apart from the titles specified in regard to the minimum manning level in Article 19 of this Circular, the vessel owner can deploy additional crews or titles such as nursing, radio operation, diving, dredging, suction, hoisting and ancillary works if necessary for professional needs.

4. Stipulate the scope of responsibilities for the titles not specified for minimum safe manning level defined in this Circular.

5. Maintain occupational safety and hygiene for crews and other personnel aboard.

Article 6. Vessel log

1. Voyage log

a) Record the entire process of management and operation of the vessel;

b) Update and exhibit continuously the vessel maintenance and the figures, data and trips during the process of operation;

c) Be fan-stamped by relevant provincial Departments of Transport before being used;

d) Be always kept in the bridge for daily recording;

dd) The ship’s master shall be responsible for writing and managing the log in use. The log shall be retained in at least 02 years after its closure before being put under the vessel owner’s upkeep as per the legislation on document retention;

e) The voyage log shall be written solely by the ship’s master or an authorized mate;

g) Shift handover shall be recorded in the log.

2. Engine log

a) Record the entire process of management and operation of propulsion equipment of the vessel;

b) Exhibit continuously the engine maintenance and the data during the process of operation;

c) Be fan-stamped by relevant provincial Departments of Transport before being used;

d) Be always retained in the engine room for daily recording;

dd) The chief engineer shall be responsible for writing and managing the log in use. The log shall be retained in at least 02 years after its closure before being put under the vessel owner’s upkeep as per the legislation on document retention;

e) The engine log shall only be written by the chief engineer or an authorized engineering officer;

g) Shift handover shall be recorded in the log.

Chapter II

RESPOSIBILITIES SPECIFIC TO TITLES OF CREWS AND OPERATORS OF INLAND WATERCRAFTS

Article 7. Ship’s master

Ship‘s master shall be in overall command of the vessel or fleet and bear the following responsibilities and authority:

1. Manage and safeguard the crews, the vessel and the assets aboard.

2. Manage the voyage log, crew discharge log, passenger log (if available) and other essential documents of the vessel, organize and constantly examine the logging.

3. Organize the delivery of freight and provision of services to passengers as instructed or on a contract basis in conformity to current regulations.

4. Organize the deployment, supervision and spurring of the crews to accomplish the duties.

5. Organize professional training and emergency drills for the crews and trainees.

6. Monitor navigational channels, meteorological and hydrographical conditions, maneuver the vessel according to the requisite schedule for certain routes; embark and disembark passengers, load and unload cargo only at regulated sites, unless in time of accident or force majeure.

7. Have solid knowledge of technical conditions, lifetime and repair cycles of the vessel; hand over and retrieve the vessel for repair, assign crew(s) to supervise repairs. Examine the rudder, sole piece and non-laden immersed part of the hull of the vessel dry-docked, supplement repair demands, examine, assess and input technical conditions of components before and after the repairs into the pre-launch acceptance record and reserve the right to reject noncompliant repairs.

8. Conduct all emergency solutions with the highest effect upon the vessel’s accidents; disembark from the sinking vessel last after carrying out every rescue measure for people, cargo and essential documents of the vessel, unless the vessel completely submerges.

9. Engage in salvage activities not detrimental to the crews, passengers and vessel under command upon the detection of distress signal or compliance with competent authorities' dispatch to search and rescue.

10. Be responsible for handling birth, death, illness or accident in the following manner when the vessel operates on inland waterways:

a) Give first aid to individuals who have a disease or accident and, in serious cases, transfer them promptly to the nearest medical facility;

b) Record birth or death in writing in the presence of 02 witnesses. A birth record shall specify the time of birth, neonate’s gender and health condition of the mother and newborn(s). A death record shall be attached with a list of the deceased’s assets and papers. Such record and belonging shall be preserved before handed over to the local authority and the deceased’s family.

11. Hand over duties directly to the relevant mate or authorized person when disembarking; hand over duties in writing if absent from one or more watches; hand over the power of command to the relevant mate and notify the vessel owner immediately if unable to carry on service.

12. Record the handover of duties to another person upon the vessel owner’s request in writing, which specifies current conditions of the crews, technical status of the equipment, assets, quantity of passengers, logs and documents related to the vessel. Each person concerned keeps one copy of such record while the third copy is given to the vessel owner.

13. Deploy tasks, make declarations as requested and notify competent authorities upon the entry or exit of the vessel into or from a port. Have the list of assignments specific to each title aboard prior to departure; examine and expedite the relevant crews' stocking up adequate supplies and fuels prior to exit from a port; depart from the port only when the vessel is evidently safe, sufficiently stocked and granted permission by competent authorities. 

14. Undertake a watch and maneuver the vessel in person through dangerous areas; be present in off-shift command when requested by a mate or chief engineer to settle works in timely manner.

15. Carry out the mate’s duties if such title is not appointed aboard.

16. Ship’s master, within the scope of responsibilities, has the right to:

a) Request the replacement or rejection of crews deemed unqualified as per regulations;

b) Dislodge crews from the vessel if they defy the commands of the ship's master or violate regulations at work;

c) Impede the voyage if the vessel, climate, hydrographical or environmental conditions are not suitable or safe.

d) Recommend accolades or disciplinary actions to the crews who accomplish excellently or fail their assignments, respectively.

Article 8. Chief mate

Chief mate is an assistant to the ship’s master and bears the following responsibilities and authority:

1. Handle directly the tasks on the deck and be in charge of the maintenance and repair of the vessel's hull above the draft, deck, upper deck, cargo hold, anchor, rudder, communications, rescue and firefighting. Organize regular inspections and maintenance of such equipment in functional conditions, report to the ship‘s master immediately upon detecting errors.

2. Plan the voyage, schedule watches and report to the ship's master for approval, prompt, guide and supervise the crews to adhere to the voyage plan and shift duties.

3. Handle directly the documentation of the crews and vessel and prepare papers for transportation, embarkation and disembarkation of cargo and passengers. Examine safety conditions of the passengers and cargo aboard prior to departure; ask the ship‘s master to impede the voyage if deemed unsafe for the passengers and cargo aboard.

4. Work with the chief engineer to deploy, expedite, instruct and supervise the preparatory tasks, rectify and report errors to the ship’s master.

5. Undertake a watch in person. Maneuver the vessel in person when assigned.

6. Manage the vessel at the behest of the absent ship's master. Carry out the second mate’s duties if such title is not available aboard.

7. Perform other duties assigned by the ship’s master.

Article 9. Second mate

Second mate is an assistant to the ship’s master and bears the following responsibilities and authority:

1. Manage the procurement and allotment of the gears, daily items and working tools for the crews and the supplies for the deck department, make periodical reports that the ship’s master delivers to the vessel owner.

2. Monitor the crews' working time, leave, compensatory days-off, establish the crew pay log.

3. Organize directly the first aid for individuals having an illness or accident and transfer them to the nearest medical facility.

4. Organize services and guidance for passengers embarking, disembarking and walking aboard, arrange their seats and berths as per regulations with the aim of protecting the vessel and onboard assets while maintaining order, safe traffic, catering and daily activities for passengers as per regulations on passenger vessels.

5. Organize the accommodation, meals and daily activities for the crews. Examine directly the preparatory tasks and report to the ship’s master prior to a voyage.

6. Handle the chief mate's tasks or other duties as assigned by the ship’s master.

7. Undertake a watch in person. Maneuver the vessel in person when assigned.

Article 10. Sailor

A sailor on watch shall adhere strictly to the orders of the watch organizer and bear the following responsibilities:

1. Perform the tasks necessary for the vessel’s entry and exit into and from a port; examine the ladder for workers’ and passengers’ safe embarkation and disembarkation.

2. Be present at the designated station constantly to respond readily to every possible situation.

3. Measure channel depth, stand watch upon limitation to distance vision or in arduous positions according the watch organizer’s orders.

4. Preserve and protect the cargo, guide and assist passengers according to their assignments during the voyage.

5. Maintain and utilize firefighting, rescue and salvage equipment proficiently.

6. Maintain the vessel's hull above the draft on regular basis:

a) Clean the designated station;

b) Examine and arrange the equipment and tools neatly, grease the essential parts;

c) Perform regular maintenance, repair, de-rusting and painting at the designated station.

7. Maneuver the vessel in person and conduct other duties as assigned by the ship’s master or the direct superior.

Article 11. Chief engineer

Chief engineer is an assistant to the ship's master, handles directly the engine department and bears the following responsibilities and authority:

1. Manage and comprehend technical conditions of the propulsion system; deploy and supervise the crews under the engine department during engine operation.

2. Fulfill all regulations on engine operation; organize permissible regular maintenance and repair of the machinery and equipment for the efficient operation of the engine.

3. List items for repair to the ship‘s master who then reports to the vessel owner.

4. Examine the propeller, debris net and valve chest of the vessel dry-docked, supplement repair demands and replacements; examine, assess and input technical conditions of components repaired into the acceptance record; reserve the right to reject noncompliant repairs.

5. Examine the acquisition and use of fuel, material and replacements and report to the ship‘s master on regular basis. Manage directly the fuel system and exercise all remedial measures upon the detection of fuel gas gathering in the engine room.

6. Undertake an engine watch in person. Handle tasks in person in the engine room in off-shift hours as requested by the ship's master or suggested by an engineering officer.

7. Report to the watch organizer or ship's master if the bridge director's commands are considered detrimental to the engine, obey and input such commands, if sustained, into the engine log with the order giver's confirmation.

8. Have the right to suspend machine parts or an engine system that is deemed precarious; shut down the engine if its operation likely causes severe damage or accident and report promptly to the watch organizer and the ship's master.

9. Administer documents and technical papers of the engine department and organize the engine logging.

10. Organize further training for the crews and trainees of the engine department.

11. Carry out the engineering officer’s duties if such title is not available aboard.

12. The individuals ceding and assuming the chief engineer's duties shall acknowledge the current state, technical conditions, equipment, assets and documents of the vessel. Each person concerned keeps one copy of the record as endorsed by the ship’s master while the third copy is given to the vessel owner.

Article 12. First engineer

First engineer is an assistant to the chief engineer and bears the following responsibilities and authority:

1. Maintain the normal operation of auxiliary engines (if available), propeller system and mechanic parts of the steering system.

2. Manage the workshop aboard (if available) and inventory of materials and machine parts; manage directly the acquisition, apportionment and consumption of fuel, material, replacements and tools, report regularly to the chief engineer about the engines’ technical conditions and the use of fuel, material, replacements and apparatus as per regulations and in punctual manner.

3. Manage firefighting equipment for the engine room.

4. Schedule the engine department’s works for the chief engineer’s approval, directly arrange tasks and watches for the crews of the engine department.

5. Undertake an engine watch in person.

6. Pump and shift water and oil only with the permission of the ship’s master.

7. Report to the watch organizer or ship's master if the bridge director's commands are considered detrimental to the engine, obey and input such commands, if sustained, into the engine log with the order giver's confirmation.

8. Have the right, when being on watch, to suspend machine parts or an engine system which is deemed precarious; shut down the engine if its operation likely causes severe damage or accident and report promptly to the watch organizer and the ship's master.

9. Examine the engine crews’ compliance to regulations, order and hygiene.

10. Carry out the second engineer’s duties if such title is not available aboard.

11. Perform other duties assigned by the chief engineer.

Article 13. Second engineer

Second engineer is an assistant to the chief engineer and bears the following responsibilities and authority:

1. Maintain the functional state of water pumps of the firefighting system, the salvage system, the equipment and machinery in reserve.

2. Undertake an engine watch in person.

3. Handle the air compression system and piping systems for water, oil and gas.

4. Examine and input the sensitivity of safety valves in the engine log and report to the chief engineer for confirmation on periodical basis.

5. Pump and displace water and oil only with the permission of the ship’s master.

6. Report to the watch organizer or ship's master if the bridge director's commands are considered detrimental to the engine, obey and input such commands, if sustained, into the engine log with the order giver's confirmation.

7. Have the right, when being on watch, to suspend machine parts or an engine system which is deemed precarious; shut down the engine if its operation likely causes severe damage or accident and report promptly to the watch organizer and the ship's master.

8. Perform other duties assigned by the chief engineer.

Article 14. Engineer

Engineer is managed by the chief engineer and the engine watch organizer and bears the following responsibilities:

1. Fulfill assignments on watch; monitor technical parameters and operational conditions of the engine, report to the engine watch organizer when detecting anomalies.

2. Clean the engine and engine room regularly; perform maintenance and repair at the chief engineer's request.

3. Perform other duties assigned by the chief engineer or the engine watch organizer.

Article 15. Helmsman

Helmsman bears the following responsibilities:

1. Manage personnel, instruments, assets and documents of the vessel that he steers.

2. Have solid knowledge of navigational channels and safety conditions of the ports where the vessel operates.

3. Examine the vessel and safety equipment; arrange people and cargo aboard for the vessel’s stable and safe operation prior to departure.

4. Examine, supervise and accept the vessel under repair.

5. Rescue people, ship and cargo when an accident occurs, and be the last person to leave the sinking vessel.

6. Engage in salvage activities not detrimental to the crews, passengers, cargo and vessel under his steering upon the detection of distress signal or compliance with competent authorities' dispatch to search and rescue.

Article 16. Trainee crews

Trainee crews are managed by the ship’s master. Trainee crews shall carry out obligations pertinent to the titles they hold and be responsible for:

1. Conforming strictly to general regulations on the crew.

2. Working and living aboard as assigned and guided by the ship's master or chief engineer or their authorized persons.

3. Use and operate machines and equipment aboard only under the supervision of the supervisory instructor.

Chapter III

MINIMUM SAFE MANNING LEVEL ON INLAND WATERCRAFTS

Article 17. Manning level

1. The tables specified in Article 19 of this Circular exhibit the minimum safe manning level for the titles aboard a vessel in line with the license classification and certificate of expertise in maneuvering the vessel as per the Law of inland waterway transport dated June 15, 2004 and the Law on amendments to certain articles of the Law of inland waterway transport dated June 17, 2014 (hereinafter referred to as the manning level tables)

2. A vessel owner shall be responsible for deploying the titles on the vessel in such quantity equal to or greater than the number defined in Article 19 of this Circular; however, if the vessel operation requires more than one watch per day, the vessel owner shall be responsible for organizing and deploying personnel appropriately in adherence to the working time defined in the Code of Labor.

Article 18. Vessel classification for determination of manning level

1. Class I

a) Passenger vessel, overnight cruise ship, floating restaurant, floating hotel, hydrofoil craft and high-speed craft carrying over 100 people;

b) Ferry of more than 150 gross tonnage;

c) Freighter of more than 500 gross tonnage;

d) Tug fleet of more than 1000 gross tonnage;

dd) Vessels with a main engine of more than 400 HP and not specified in Point a, b, c, d, Section 1 of this Article.

2. Class II

a) Passenger vessel, overnight cruise ship, floating restaurant, floating hotel, hydrofoil craft and high-speed craft carrying more than 50 to 100 people;

b) Ferry of more than 50 to 150 gross tonnage;

c) Freighter of more than 150 to 500 gross tonnage;

d) Tug fleet of more than 400 to 1000 gross tonnage;

dd) Vessels with a main engine of more than 150 to 400 HP and not specified in Point a, b, c, d, Section 2 of this Article.

3. Class III

a) Passenger vessel, overnight cruise ship, floating restaurant, floating hotel, hydrofoil craft and high-speed craft carrying more than 12 to 50 people;

b) Ferry of no more than 50 gross tonnage;

c) Freighter of more than 15 to 150 gross tonnage;

d) Tug fleet of no more than 400 gross tonnage;

dd) Vessels with a main engine of more than 15 to 150 HP and not specified in Point a, b, c, d, Section 3 of this Article. 

Article 19. Manning level

1. Passenger vessel

Chief engineer or engineering officers may not be required on a vessel with an outboard main engine of no more than 150 HP or an inboard main engine of no more than 50 HP; however, the ship’s master or a mate ought to possess a first-class engineer certificate. Chief engineer or engineering officers may not be required on a vessel with an outboard main engine of more than 150 to 400 HP; however, the ship’s master or a mate ought to possess a chief engineer certificate in line with the main engine’s total power.

2. Freighter

Chief engineer or engineering officers may not be required on a vessel with an outboard main engine of no more than 150 HP or an inboard main engine of no more than 50 HP; however, the ship’s master or a mate ought to possess a first-class engineer certificate. Chief engineer or engineering officers may not be required on a vessel with an outboard main engine of more than 150 to 400 HP; however, the ship’s master or a mate ought to possess a chief engineer certificate in line with the main engine’s total power.

3. Ferry

Chief engineer or engineering officers may not be required on a vessel with an outboard main engine of no more than 150 HP or an inboard main engine of no more than 50 HP; however, the ship’s master or a mate ought to possess a first-class engineer certificate. Chief engineer or engineering officers may not be required on a vessel with an outboard main engine of more than 150 to 400 HP; however, the ship’s master or a mate ought to possess a chief engineer certificate in line with the main engine’s total power.

4. Tugboat

5. Towed vessel

a) The manning level subject to the gross tonnage by vessel type of a tug fleet that tows one vessel:

b) The minimum manning level per watch for a tug fleet that tows many vessels shall be the total number of crews required on each towed vessel according to Point a of this Section.

c) The minimum manning level per watch for a pusher fleet that tows alongside or pushes two or more vessels shall be set in such a manner that the number of crews on the first towed vessel is subject to Point b of this Section and such number of crews plus 01 is deployed on the second and each towed vessel.

6. Overnight cruise ship

7. Floating restaurant or floating hotel

8. Hydrofoil craft and high-speed craft

Chief engineer may not be required on vessels under class III with outboard engine.

9. VR-SB sea-river vessel

A minimum addition of 03 crews including 01 mate, 01 engineering officer and 01 sailor or engineer shall be required for a voyage whose total duration exceeds 02 watches.

Chapter IV

IMPLEMENTATION

Article 20. Effect

This Circular comes into force as of January 01, 2016 and nullifies the Decision No. 28/2004/QD-BGTVT dated December 07, 2004 by the Minister of Transport on the scope of responsibilities of crews and operators and minimum safe manning level on inland watercrafts and Circular No. 09/2012/TT-BGTVT dated March 23, 2012 by the Minister of Transport on amendments to certain articles of the scope of responsibilities of crews and operators and minimum safe manning level on inland watercrafts under the Decision No. 28/2004/QD-BGTVT dated December 07, 2004 by the Minister of Transport.

Article 21. Implementation

1. Vietnam Inland Waterways Agency shall be responsible for leading and cooperating with relevant authorities in implementing this Circular.

2. Chief of the Office of the Ministry, Chief inspector of the Ministry, Heads of Departments, Head of Vietnam Inland Waterways Agency, heads of provincial Departments of Transport, heads of agencies, organizations and individuals concerned shall be responsible for implementing this Circular./.