Thông tư 14/2013/TT-BGTVT

CIRCULAR

ON MAINTENANCE OF MARITIME CONSTRUCTIONS

Pursuant to the Maritime Code dated June 14, 2005;

Pursuant to the Law on Construction dated November 26, 2003;

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

Pursuant to the Government's Decree No. 21/2012/NĐ-CP dated March 21, 2012 on management of ports and navigable channels (hereinafter referred to as the Decree no. 21/2012/NĐ-CP).

Pursuant to the Government's Decree No. 21/2012/NĐ-CP dated March 21, 2012 on management of ports and navigable channels (hereinafter referred to as the Decree no. 21/2012/NĐ-CP).

Pursuant to the Government's Decree No. 15/2013/NĐ-CP dated February 06, 2013 on construction quality management;

Pursuant to the Government's Decree No. 12/2009/NĐ-CP dated February 12, 2009 on management of investment in construction;

At the request of the Director of the Department of Transport Infrastructure and the Director of Vietnam Maritime Administration;

The Ministry of Transport promulgates a Circular on maintenance of maritime constructions;

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the maintenance of maritime constructions. The maritime constructions serving National defense and security shall comply with the regulations of the Ministry of National Defense and the Ministry of Public Security.

2. This Circular is applicable to the organizations and individuals related to the maintenance of maritime constructions within Vietnam’s territory.

Article 2. Interpretation of terms

1. Maritime constructions include ports, harbors, wharves, docking buoys, water zones, waters, navigable channels, maritime signs, lighthouses, coastal communication system, and ancillary constructions of ports and navigable channels, which are built or established in port waters and Vietnam’s territorial sea.

2. Investors are the owners of capital or the persons assigned to manage and use capital to make investment in the construction.

3. Maintenance is the all the works aiming at ensuring and maintaining the normal and safe operation of the constructions according to the design throughout their operation.

The maintenance may include one, some, or all of the following tasks: inspecting, observing, quality assessment, maintenance, and repairs.

4. Maintenance process of maritime constructions is the order, contents, and instructions on the maintenance of maritime constructions.

5. Survey of maritime constructions is the observation and measurement of specifications of the maritime constructions according to the design during their operation.

6. Maritime construction services are periodic activities (monitoring, caring, repairing minor damage, repairing equipment installed on the constructions) to maintain the normal operation of the maritime constructions and minimize damage.

7. Repairing means fixing the damage of the constructions that are discovered during their operation in order to ensure their normal and safe operation.

8. Design life is the useful life of the construction calculated by the designer during the construction design.

9. Expired maritime constructions are the constructions that have been operated for a period of time that is longer than their design life. The design life of a construction is determined in the design documents. Where the design documents of a construction are lost or do not specify its design life, the investor shall determine the life in accordance with the relevant technical regulations standards, or based on the lifespan of a similar construction at the same level.

10. The person in charge of maintenance is the construction owner, manager, or user that is authorized by the owner, or the user if the owner is not identifiable

Article 3. Contents of maritime construction maintenance

1. Inspecting maritime constructions to find the signs of damage and determine the level of maintenance.

2. Surveying maritime constructions.

3. Maintenance of maritime constructions: frequent maintenance and periodic maintenance.

4. Assessing quality of maritime constructions: every 05 years and unscheduled assessments.

5. Repairing maritime constructions: periodic, unscheduled, minor, medium, and major repairs.

Article 4. Level of maintenance

1. Servicing: carried out frequently or periodically to prevent damage of the parts of the maritime construction.

2. Minor repairs: carried out when there is damage to some details of a part of a maritime construction in order to restore the initial quality of those parts.

3. Medium repairs: carried out when there is damage or deterioration in some parts of a maritime construction in order to restore the initial quality of those parts.

4. Major repairs: carried out when there is damage or deterioration in many parts of a maritime construction in order to restore the initial quality of those parts.

Article 5. Documents serving maintenance of maritime constructions

1. The documents serving the maintenance of a maritime construction include:

a) The as-built dossier of the maritime construction (legal documents and quality control documents);

b) The logbook of the operation of the maritime construction; the origins of the equipment installed on the maritime construction;

c) The of maintenance process;

d) The documents about periodic inspections of the construction or parts of the construction during its operation;

dd) The technical standards of maintenance;

e) Other documents necessary for the maintenance.

2. The documents serving maintenance of maritime constructions shall be kept and supplemented upon the changes in the maritime constructions.

Article 6. Responsibility of organizations and individuals related to the maintenance of maritime constructions

1. Responsibility for maintenance of maritime constructions within one owner:

a) For the maritime constructions under the ownership of the State: the organizations and individuals assigned or hired by the State to manage or operate maritime constructions are responsible for their maintenance.

b) For the maritime constructions invested under BOT (Build—Operate – Transfer) or BTO (Build – Transfer – Operate) contracts, the project executers (the investors) are responsible for the maintenance throughout the duration of the BOT or BTO contracts. When the BOT or BTO contract expires, the organizations and individuals assigned to receive the construction from the owner shall be responsible for the maintenance.

c) For the maritime constructions under other ownership, the owners of such constructions are responsible for the maintenance.

2. The responsibility for the maintenance of maritime constructions with multiple owners: the owner of each part of the construction is responsible for the maintenance of their part, and also responsible for the maintenance of the whole construction. The allocation of responsibility for the maintenance of common parts of the construction shall comply with relevant laws, or agreed in writing by the owners or authorized persons, or specified in the sale or hire-purchase contract.

3. When the owner leases out the maritime construction authorized the management and use of the maritime construction to another organization or individual, the responsibility for the maintenance must be specified in writing.

Article 7. Requirements of maintenance of maritime constructions

1. After a maritime construction is finished, upgraded or repaired shall be assessed, handed over, and maintained. The maintenance shall begin from the day on which the owner or the manager signs the assessment records to put the maritime construction into operation.

2. The maintenance of maritime constructions shall be carried out in accordance with this Circular, the maintenance procedure, technical regulations and standards about maintenance of maritime constructions and relevant laws.

3. Procedure for maintenance of maritime constructions:

a) The formulating, assessment, approval, and adjustment of regulations on maintenance shall comply with Article 6, Article 7, and Article 8 of the Decree No. 114/2010/NĐ-CP Vietnam Maritime Administration shall examine and adjust the regulations on the maintenance of the maritime constructions invested by the Ministry of Transport.

b) The investor is responsible for providing documents serving the maintenance for the owner or the authorized person before putting the construction into operation.

c) For the operating maritime constructions that do not have any maintenance procedure:

- For the temporary maritime constructions that do not require a maintenance procedure, the owners or the authorized persons still have to carry out maintenance in accordance with this Circular and the Decree No. 114/2010/NĐ-CP

- For other constructions, the owners or authorized persons shall carry out the maintenance in the below order:

+ Survey, inspect, and assess the construction quality;

+ Establish a maintenance procedure;

+ Repair the damage (if any);

+ Carry out maintenance in accordance with this Circular and the Decree No. 114/2010/NĐ-CP.

- The owner or the authorized person shall immediately check the condition of the construction, establish and approve the construction maintenance procedure, and send reports to a specialized authority according to Clause 4 of this Article.

4. The agencies below are responsible for checking, providing guidance, and request the construction owners or authorized persons to establish maintenance procedure for the constructions that operate operating without maintenance procedure:

a) Vietnam Maritime Administration is responsible for the maritime constructions in the special class, first class, or the constructions that may cause catastrophic accidents according to the law on construction quality control.

b) Provincial People’s Committees are responsible for local maritime construction in the second class.

Article 8. Making, approving, and implementing plans for maintenance of maritime constructions under the management of the Ministry of Transport 

1. Vietnam Maritime Administration shall formulate annual and mid-term (5-year) plans, estimate budget for maintenance of maritime constructions, and submit them to the Ministry of Transport for approval.

2. The plans for maintenance of maritime constructions must be based on the data, reports, and recommendations from units, reflect practical requirements and condition of the maritime constructions, conformable with the maintenance procedure.

3. The plan for maintenance of maritime constructions must specify: name of the construction and items; units, workload, and cost; duration; method, and priority. The constructions and items that are first priority (very necessary) must have description. The form for maintenance plan is provide in the Appendix to this Circular.

4. The annual and 5-year plans for maintenance of maritime constructions include:

a) For frequent maintenance:

- Based on the commencement date of the maritime construction, the use and actual operation of the construction, the frequent maintenance shall be enhanced in order to prevent and repair minor damage of its parts to improve the quality, avoid subsequent damage, and ensure its lifespan.

- The budget shall be estimated to suit the maintenance of maritime constructions. The prices and estimates shall be based on current prices. Where the prices are not available or not suitable, Vietnam Maritime Administration shall make a new price list and request the Ministry of Transport or competent authorities to approve.

b) For periodic repairs:

- Examine the condition of the maritime constructions, the deterioration of parts and structures to suggest repairs or replacements in order to restore the original quality of the construction, ensure its normal and safe operation.

- The order shall comply with the regulations on management of investments in construction and other relevant regulations.

- The management of investment in construction shall comply with current regulations.

c) For unscheduled repairs of maritime constructions:

- The annual plan for maintenance of maritime constructions: enumerate the maritime constructions and items that have been repaired and the budgets approved by competent authorities.

- The 5-year plans for maintenance of maritime constructions: 10% of budget provision.

d) For the expired maritime constructions that fail to meet the requirements, Vietnam Maritime Administration and operating units shall request the Ministry of Transport to consider approving the upgrade from fundamental capital without using the budget for maintenance.

5. Procedure for approving annual plans for maintenance of maritime constructions:

a) Vietnam Maritime Administration shall make the plan and estimate budget for the maintenance of maritime constructions, and submit them to the Ministry of Transport before June 15.

b) The Ministry of Transport shall verify and approve the plan and budget estimate before July 15; integrate the plan and budget estimate into the annual budget estimate of the Ministry of Transport, and submit it to the Ministry of Finance before August 30.

c) Based on the decision on State budget of the Ministry of Finance, the Ministry of Transport shall notify the estimate of budget to Vietnam Maritime Administration and the operating units, including the budget from maintenance of maritime constructions.

d) Vietnam Maritime Administration shall review the list of urgent projects, items and constructions; take responsibility for the making of plan and budget estimates ;and submit it to the Ministry of Transport within 15 days from the day on which the notification in Point c of this Clause is received.

dd) The Ministry of Transport shall assess and approve the plan and budget estimate, and allocate budget to Vietnam Maritime Administration.

6. The procedure for approving mid-term plan for maintenance of maritime constructions:

a) Vietnam Maritime Administration shall make the plan and estimate budget for the maintenance of maritime constructions, then submit them to the Ministry of Transport before June 15 of the next year.

b) The Ministry of Transport shall approve the plan and budget estimate, plan the budget allocation, adjust the plan for maintenance of maritime constructions to suit the practice.

7. Implementing the plan for maintenance of maritime constructions that was approved

a) The annual plan for maintenance of maritime constructions is the basis for Vietnam Maritime Administration and the operating unit to implement. Vietnam Maritime Administration shall approve the estimate of budget for maintenance of maritime constructions according to Article 22 and Article 23 of the Decree No. 114/2010/NĐ-CP.

b) The plan for maintenance of maritime constructions shall be adjusted as follows:

- Vietnam Maritime Administration and the operating unit shall carry out inspections and send reports to the Ministry of Transport  on the constructions or items at risk of accidents or unsafe constructions that need urgent rectification.

- Goods owners Vietnam and the operating unit shall request the Ministry of Transport to approve the unplanned expenses.

8. Managing and inspecting the plan for maintenance of maritime constructions that was approved

a) The Ministry of Transport shall plan the annual, unscheduled inspection plan and organize the implementation.

b) Vietnam Maritime Administration and the operating unit shall organize the management and inspect the implementation of approved plans, send quarterly reports (before the 22^nd of the last month of each quarter) and annual reports (before January 15 of the next year) on the results of the maintenance plans to the Ministry of Transport.

c) The reports must specify the names of constructions and items; the workload and expense; finishing date, adjustments and unexpected issues; assessment of the result; suggestions and recommendations during the maintenance of maritime constructions.  The report forms are provided in the Appendix to this Circular.

Article 9. Making, approving, and implementing plans for maintenance of maritime constructions under the management of other Ministries, organizations and individuals

1. Owners of maritime constructions or the persons authorized to make, approve, and implement the plans for frequent, mid-term, and long-term maintenance of maritime constructions shall comply with Article 10 of the Decree No. 114/2010/NĐ-CP this Circular, and other relevant laws.

2. Owners of maritime constructions or authorized persons shall send the approval records and the plan for maintenance of maritime constructions to the Ministry of Transport.

Article 10. Maritime constructions and parts of maritime constructions that need surveying during their operation

1. The survey of the maritime constructions below are compulsory:

a) Wharves, ports, lighthouses, seawalls, sandwalls, communications systems (radio towers) in special class and first class;

b) The maritime constructions that are subsided, cracked, tilted, or at risk of collapse.

2. Other parts of maritime constructions that need surveying is the main bearing structure of the construction that may lead to collapse if it is damaged.

3. The survey position, survey figures, and limits of those figures such as deformation, tilt, subsidence, crack, etc; the survey duration, number of measurement cycles and other necessary information shall be decided by the designer of the maritime construction.

4. General requirements of maritime construction survey during operation:

a) The survey must be carried out in accordance with the survey plan made by the surveying contractor and approved by the person in charge of maintenance.

b) The survey plan must specify the measurement methods, instruments, the positions of marks, the implementation, the processing of measurements, and other necessary information.

c) The surveying contractor shall send the person in charge of maintenance reports on the survey result. The survey figures must be compared to the limits imposed by the designing contractor and relevant regulations or standards.

If the survey figures reach the limits in Clause 2 of this Article or considered unusual, the person in charge of maintenance shall assess the safety and take appropriate measures.

d) The capacity of the organization or individual that carries out the survey must be equivalent to the capacity of the organization or individual in charge of construction survey or quality assessment.

Article 11. Regulations on the use of expired constructions

1. When a construction expires, the person in charge of maintenance shall:

a) Carry out inspection and assess the condition of the construction.

b) Repair any damage of the construction to ensure its function and safety before deciding to keep using the construction;

c) Decide to keep using the constructions in third class or forth class that do not cause catastrophic accidents according to the laws on construction quality control.

d) Send Vietnam Maritime Administration reports on the result of construction assessment and repairs (if any) to decide the prolongation of expired maritime constructions in second class or above, and of the constructions that may cause catastrophic accidents according to the law on construction quality control.

2. The reports on the result of construction assessment and repairs and recommendation about expired maritime constructions:

a) The result of construction quality assessment;

b) Recommendations about the constructions with the options below:

- Keep using the construction or change its functions and repair it if necessary;

- Use part of the construction;

- Avoid using the construction;

- Stop using the entire construction.

c) Other relevant information.

Article 12. Procedure for approving the prolongation of expired maritime construction

1. The person in charge of maintenance of maritime constructions shall send 01 application to Vietnam Maritime Administration directly or by post. The application includes:

- A written request according to the form No. 3 in the Appendix to this Circular.

- The report on the result of inspection, quality assessment, and repair of the construction.

- The documents showing the condition of the construction.

- The result b) Repair any damage of the construction to ensure its function and safety before considering keeping using the construction;

- The construction and maintenance documents.

2. Vietnam Maritime Administration shall:

a) If the application is submitted directly: issue a receipt and make an appointment if the application is sufficient, or return the application if it is not sufficient and instruct the applicant to supplement it.

b) If the application is sent by post: make a written request for the supplementation of the application within 05 working days from the day on which the application is received if it is not sufficient.

c) Within 30 working days from the day on which the sufficient application is received, Vietnam Maritime Administration shall make a written approval for the prolongation of the expired maritime construction; if the application is rejected, a written explanation must be sent to the person in charge of maintenance of maritime constructions by post or directly at the Vietnam Maritime Administration.

Article 13. Dealing with unsafe maritime constructions and parts

1. The unsafe constructions and parts are dangerous and at risk of collapse by the signs such as cracks, subsidence, tilt, etc. according to relevant technical regulations and standards.

2. When finding unsafe maritime constructions, the person in charge of maintenance shall:

a) Inspect the construction or assess the quality of the construction;

b) Take safety measures such as: restricting the use of the construction, stopping the operation, evacuating people and assets (if necessary) to ensure the safety, and notify the following authorities:

- Vietnam Maritime Administration, for maritime constructions in second class or above and constructions that may cause catastrophic accidents according to the laws on construction quality control.

- Provincial People’s Committees, for other maritime constructions locally.

c) Repair the damage that may affect the safety of the construction according to the law on urgent construction.

3. When the deterioration of a maritime construction is discovered or reported which is unsafe, Vietnam Maritime Administration or the provincial People’s Committee shall:

a) Carrying out inspection, make announcement, request and instruct the owner or authorized person to survey, assess the quality and danger, carry out repairs, or dismantle part or the whole construction (if necessary);

b) Take the safety measures in Point b Clause 2 of this Article when the owner or the authorized person fails to perform the tasks mentioned in Point a of this Clause.

c) Take action against the owner or the authorized person according to law when they fail to comply with the requests of the authorities in Point a and Point b of this Clause.

4. If the collapse of a maritime construction is imminent, the person in charge of maintenance shall urgently evacuate all people from the construction and the adjacent constructions that may be affected, and send reports to Vietnam Maritime Administration or the provincial People’s Committee for assistance in taking safety measures.

After receiving the report on imminent collapse of a construction, the Vietnam Maritime Administration and provincial People’s Committee shall immediately take the following safety measures: stopping the operation of the construction, blocking the construction, and other necessary measures.

5. The owners and users of adjacent constructions shall take safety measures provided for in Clause 4 of this Article on request.

6. When an accident occurs during the operation of a construction, it shall be settled in accordance with the laws on construction quality control.

Article 14. Application of technical regulations, technical standards and limits in maintenance of maritime constructions

1. For maritime construction service:

a) The technical regulations, technical standards and limits imposed by competent authorities shall apply;

b) For the items that have no limits, the corresponding limits of other fields imposed by competent authorities shall apply.

2. For periodic and unscheduled repairs of maritime constructions: the regulations on fundamental construction and relevant regulations of the State shall apply.

3. Vietnam Maritime Administration shall provide guidance, supervise, inspect, monitor, and assess the application of technical regulations, technical standards, and limits to maintenance of maritime constructions.

Article 15. Inspecting the maintenance of maritime constructions

1. The Ministry of Transport shall cooperate with other organizations and individuals in inspecting the maintenance of maritime constructions in accordance with Article 17 of the Decree No. 114/2010/NĐ-CP and relevant laws.

2. Vietnam Maritime Administration shall inspect:

a) The making and approval for the maritime construction maintenance procedure according to the Decree No. 114/2010/NĐ-CP.

b) The compliance with regulations on construction maintenance of the owner or the authorized person according to Clause 2 Article 17 of the Decree No. 114/2010/NĐ-CP.

c) The compliance with regulations on construction maintenance of the owner or the authorized person according to Clause 1 Article 17 of the Decree No. 114/2010/NĐ-CP.

d) The implementation of Article 11 and Article 12 of this Circular when the constructions expired.

dd) The compulsory survey of constructions and parts of maritime constructions according to Article 10 of this Circular.

e) Other contents related to the implementation of the plans for maintenance of maritime constructions in accordance with regulations of the Ministry of Transport or law.

3. Ministries, provincial People’s Committees, and competent authorities shall inspect the maintenance of maritime constructions in accordance with Article 17 of the Decree No. 114/2010/NĐ-CP.

Article 16. Reporting the maintenance of maritime constructions

1. Vietnam Maritime Administration and operating units under the management of the Ministry of Transport shall report the implementation of the plans for maintenance of maritime constructions according to Clause 8 Article 8 of this Circular.

2. On the 31^st of December at the latest, the owners or authorized persons shall send annual reports to the Ministry of Transport on the construction maintenance and the safety of maritime constructions in second class or above and the constructions that may cause catastrophic accidents according to the laws on construction quality control.

Article 17. Maintenance quality control

The owners or authorized persons are responsible for controlling the maintenance quality according to the Government's Decree No. 15/2013/NĐ-CP dated February 06, 2013 on construction quality control, the Government's Decree No. 12/2009/NĐ-CP dated February 12, 2009 on construction investment management, the Government's Decree No. 83/2009/NĐ-CP dated October 15, 2009 on the amendments to  the Decree No. 12/2009/NĐ-CP the Decree No. 114/2010/NĐ-CP and relevant laws.

Article 18. Budget for the maintenance of maritime constructions

1. The determination of expenditures on maintenance of maritime constructions shall comply with the guidance of the Ministry of Construction, the Ministry of Finance, and current laws.

2. The estimate of budget for annual maintenance, the management, use, and accounting of budget for maintenance of maritime constructions shall comply with the Law on State budget, the Decree No. 114/2010/NĐ-CP the Decree No. 112/2009/NĐ-CP dated December 14, 2009 on construction cost management, and relevant laws.

Article 19. Effect

1. This Circular takes effect on September 01, 2013.

2. An Appendix is enclosed to this Circular, including 03 forms for reports and applications.

Article 20. Implementation

1. Chief of the Ministry Office, the Chief Inspectors of Ministries, the Directors of Departments, the Director of Vietnam Maritime Administration, heads of relevant organizations and individuals concerned are responsible for the implementation of this Circular.

2. Organizations and individuals are recommended to report the difficulties that arise during the implementation to the Ministry of Transport for consideration and settlement./.