Thông tư 20/2015/TT-BGTVT

CIRCULAR

PROVIDING FOR THE MANAGEMENT OF RECEIPT, TRANSMITTANCE AND PROCESSING OF MARITIME SECURITY INFORMATION

Pursuant to the Vietnam Maritime Code dated 14 June, 2005;

Pursuant to Decree No. 107/2012 / ND-CP of December 20, 2012 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to Decision No 125/2004 / QD-TTg dated 9 July 2004 of the Prime Minister on announcement, receipt, transmittance and processing of maritime security information;

Pursuant to Decision No.11/2009 / QD-TTg dated 16 January 2009 of the Prime Minister amending and supplementing some articles of Decision No. 125/2004 / QD-TTg dated 09 July, 2004 of the Prime Minister on announcement, receipt, transmittance and processing of maritime security information;

At the request of Director General of Transportation Department and Director of Vietnam Maritime Administration, the Minister of Transportation issues this Circular providing for the management of receipt, transmittance and processing of maritime security information.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the management of receipt, transmittance and processing of maritime security information under the provisions of Amendment and Supplementation 2002 of the International Convention for the safety of life at sea 1974 (SOLAS 74) and the International Ship and Port Facility Security Code (ISPS).

Article 2. Subjects of application

This Circular applies to:

1. Vietnamese ships operating on international routes and foreign ships operating in the internal waters, territorial seas of Vietnam, including:

a) Passenger ships;

b) Cargo ships of 500 GT or above;

c) Offshore mobile drilling rigs.

2. Seaports receiving ships specified in Clause 1 of this Article.

3. Vietnamese and foreign organizations and individuals operating ships specified in Clause 1 of this Article (referred to as ship company).

4. Vietnamese and foreign organizations and individuals managing and operating seaports specified in Clause 2 of this Article (referred to as seaport enterprises).

5. Organizations and individuals involved in management of maritime security information.

Article 3. Interpretation of term

1. Practice of maritime information connection is an activity connecting the communication between seaport enterprises and ship companies with the maritime security information Center and the responsible organs on prevention and control of terrorism for ships and seaports in order to ensure smooth communication upon occurrence of situation.

2. Maritime security level is the level of risk of a security incident which will be implemented or will occur. The maritime security is classified into three levels:

a) Level 1 means the minimum appropriate protection and security measures must be maintained at any time;

b) Level 2 means the protection and security measures are supplemented accordingly and must be maintained during the time of high risk of occurrence of security incident.

c) Level 3 means the subsequent specific protection and security measures must be maintained in a definite time upon possible or certain occurrence of security incident, although no specific target is identified.

Chapter II

TRANSMITTANCE AND PROCESSING OF MARITIME SECURITY INFORMATION

Article 4. Receipt, transmittance and processing of maritime security information of the maritime security information Center and the Port authorities

1. i The maritime security information Center

Immediately after receiving the notice of the High Command of Coast Guard  of security level, change of security level, the maritime security information Center must transfer such information to:

a) Port authorities;

b) Seaport enterprises and seaport security officers;

c) Ship companies and security officers of ship companies;

d) Competent authorities of relevant foreign country and notify to the Consular Department – Ministry of Foreign Affairs. In case of failure to contact the competent authorities of the foreign country whose national flag the ship is bearing, the maritime security information Center shall request the Consular Department to notify the relevant organ of the foreign country through diplomatic channels.

2. Port authorities

Immediately after receiving information from the maritime security information Center, the Port authorities must notify:

a) Seaport security officers;

b) Ships are expected to arrive or are operating at the seaport under their management;

c) Border guards of seaport border gate;

Article 5. Receipt, transmittance and processing of maritime security information of security officers of Vietnam shipping companies and ship security of relevant companies and organs

1. Immediately after receiving information from the maritime security information Center, the shipping companies and security officers of shipping companies must notify the information on maritime security level and change of maritime security level to their ship security officers for application to their ships in the next expected trips.

2. On the basis of assessment of risks possibly occurring to people, assets or environment from the communication between ships and seaports, the ship security officers may request the seaport security officers or the competent authorities at foreign seaport to sign the security Commitment in the following cases:

a) The ship is operating at a higher security level than the seaport or other ships with which it is communicating;

b) There is an agreement on security commitment between the Government of the Socialist Republic of Vietnam and the Government of other countries as the members of SOLAS 74 for some international routes or for some specific ships operating on such routes;

c) There is an existing security threat or security incident related to ships or seaports;

d) The ship is at a seaport but such seaport is not required to have and implement an approved maritime security Plan;

dd) The ship is communicating with another ship but the latter is not required to have and implement an approved maritime security Plan;

3. The security commitment specified in Clause 2 of this Article is kept on the ship with a minimum of period of time during which the ship calls at 10 next ports, from the time of signing the security commitment.

4. Before the ship passes the area with a warning of risk of security threat, the captain and security officers of the ship must contact the maritime security information Center to notify of the international pirates in such area for coordinated pirate prevention and fighting.

Article 6. Receipt, transmittance and processing of maritime security information of ships and relevant organs at seaport

1. Where foreign ships arrive at Vietnamese seaport

a) Within 24 hours before entering the territorial waters of the Socialist Republic of Vietnam, the captain, ship owner or agent of the ship owner, agent of the ship operator must directly contact the Port authorities of seaport at which the ship is expected to arrive in order to notify the security level which is being maintained on their ship and other information related to the maritime security under the Form specified in Annex I issued with this Circular; receive notification from the Port authorities of the current security level at the seaport and security measures to be applied on the ship;

b) After receiving the information related to the security of ship specified under Point a, Clause 1 of this Article, the Port authorities must notify the security officers of the seaport where the ship is calling at;

c) On the basis of assessment of risks possibly occurring to people, assets or environment from the communication between ships and seaports, the seaport security officers must sign the security commitment with the ship. The security commitment is kept at the seaport.

d) When there is a change of security level on the ship or at the seaport from the time of ealier contact, the ship security officers and the seaport security officers must notify each other for timely handling.

2. Where the Vietnamese and foreign ships leave seaport of Vietnam

Upon requirement, the authorities of Port where the ship leaves shall notify the relevant maritime security information to the ship security officers before the ship leaves the seaport of Vietnam for updating information related to the trip.

Article 7. Responsibility for reporting the maritime security information in seaport waters

When receiving the information of threat or risk of threat of maritime security, the captain and the crew on the ship when it is cruising or anchored in the seaport waters, the seaport enterprises and other organizations and individuals must immediately notify the Port authority and the maritime security information Center.

Article 8. Reporting regulations

1. Urgent report

a) Immediately after receiving the notice of security level of the High Command of Coast Guard, the maritime security information Center must report the situation to the Vietnam Maritime Administration and relevant organs and units under regulation.

b) When receiving the correct information on security incident of the ship and seaport, the maritime security information Center must immediately report to the relevant organs and units for timely handling and settlement.

2. Annual report

Annually, the Vietnam Maritime Administration shall aggregate and report to the Ministry of Transport on management of maritime information.

3. Method of sending report

The security report is sent by one of three information methods: fax, telephone, E-mail and then sending the written report by post.

Chapter III

EXERCISE, PRACTICE, EDUCATION, TRAINING OF MARITIME INFORMATION

Article 9. Responsibility of relevant organs in exercise and practice of maritime security information connection

1. Responsibility of Vietnam Maritime Administration

a) Aggregates and submits the plan for exercise and practice of maritime security information connection between the maritime security information Center with domestic organs and units and foreign anti-terrorism organizations in exercise and practice of maritime security information connection;

b) Gives directions to the maritime security information Center in exercise and practice of maritime security information connection;

2. Responsibility of the maritime security information Center

a) Develops the annual plan for exercise and practice of maritime security information connection with domestic organs and enterprises and foreign anti-terrorism organizations to be reported to the Vietnam Maritime Administration for approval and implementation.

b) Notifies the relevant organs of organizing the exercise and practice of maritime security information connection;

c) Takes charge and coordinates with organs of High Command of Coast Guard, V political protection Department, High Command of Border Guard, Port authorities, seaport enterprises and shipping companies to prepare the telephone directories, communication procedures and agree upon the mode and frequency of emergency communication for timely response in case of terrorism occurrence.

3. Responsibility of shipping companies and seaport enterprises

Annually, coordinate with the maritime security information Center, the Port authorities and other relevant organs at the seaport to organize the exercise and practice of maritime security information connection under the approved plan.

4. Responsibility of the Port authorities

Coordinates with the maritime security information Center, seaport enterprises and shipping companies in the exercise and practice of maritime security information connection under the approved seaport and ship security Plan.

Article 10. Practice of maritime security information connection

1. Purpose and requirements

a) Maintaining the 24/24 smooth communication between the seaports, ships with the maritime security information Center and other organs responsible for security of seaports and ships.

b) Ensuring sufficient communication equipment;

c) Security staff of seaports and ships and security officers of ships must proficiently use equipment and knows about the communication procedures.

2. Contents of practice

a) Operating the security alarm system and communication equipment on ships;

b) Operating communication equipment at seaports;

c) Receiving, transmitting and processing the maritime security information;

3. Regulations on practice of maritime security information connection for seaports

a) Annually, all seaport enterprises must organize the practice of information connection with the maritime security information Center at least 01 time;

b) The practice of security information connection is performed during the time of organizing the meetings for internal appraisal and assessment of seaport security;

c) The security officers shall perform the practice of security information connection through fax and telephone with the maritime security information Center and other organs participating in the meetings for internal appraisal and assessment of seaport security under regulation and the result of security information connection is recorded in the minutes;

d) After the practice of security information connection is successful, the maritime security information Center shall send the Certificate of practice result to the Vietnam Maritime Administration under the form specified in Annex III issued with this Circular.

4. Regulations on practice of security information connection for ships

a) Annually, the shipping companies must organize the practice of information connection and processing with the maritime security information Center at least 01 time;

b) Before performing the practice, the captain or the shipping company must notify the maritime security information Center of the practice plan under the form specified in Annex II issued with this Circular;

c) After the connection practice is successful, the maritime security information Center shall confirm the practice result to the ship by appropriate mode of information.

Article 11. Education and training of information techniques of maritime security

1. Annually, the maritime security information Center shall:

a) Prepare plans and programs of education and training of professional techniques for its staff and submit them to the Vietnam Maritime Administration for approval or to the competent level for approval and implementation;

b) Preparing plans and programs of propagation of law and training of professional techniques on maritime security information for seaport security officers and ship security officers to be submitted to the Vietnam Maritime Administration for implementation.

2. The maritime security information Center shall coordinate with relevant units of the Vietnam Register in progation of law and training of professional techniques on maritime information for ship security officers.

Article 12. Fund for education, training, exercise and practice of maritime security information

The funds for education, training, exercise and practice of maritime security information is allocated from the state budget and other sources as prescribed by law.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 13. Effect

This Circular takes effect from 01 August 2015 and supersedes Circular No. 47/2011/TT-BGTVT dated 30 June 2011 of the Ministry of Transport stipulating the receipt, transmittance and processing of maritime security information.

Article 14. Responsibility for implementation

1. The Vietnam Maritime Administration shall take charge and coordinate with relevant organs to execute this Circular.

2. Chief of the Ministry Office, Chief Inspector of Ministry, Directors General, Heads of organs, organizations and individuals are liable to execute this Circular.

ANNEX I

SHIP'S SECURITY NOTIFICATION
(Issued with Circular No. 20/2015/TT-BGTVT dated 29/5/2015 of the Minister of Transport)

ANNEX II

ANNOUNCEMENT OF PRACTICE OF MARITIME SECURITY INFORMATION CONNECTION
(Issued with Circular No. 20/2015/TT-BGTVT dated 29/5/2015 of the Minister of Transport)

ANNOUNCEMENT

Practice of maritime security information connection

To: Maritime security information Center

Pursuant to the provisions in Circular No.: …………../TT-BGTVT dated ........2015 of the Minister of Transport stipulating the management of receipt, transmittance and processing of maritime security information.

Ship:................................IMO number:.........................

Expected time of practice of maritime security information connection with the Center at:.....o’clock, date..................month..............year

Location of practice signal transmittance: .........................................................................

- Full name of security officer: ...........................................................................................

- Position: .................................................................................................................

- Tel: …………………………….Fax: ………………… Email: ........................

Kindly request the maritime security Center to confirm the time and coordinated implementation.

ANNEX III

CERTIFICATE OF RESULT OF PRACTICE MARITIME SECURITY INFORMATION CONNECTION
(Issued with Circular No. 20/2015/TT-BGTVT dated 29/5/2015 of the Minister of Transport)

CERTIFICATE

Result of practice of maritime security information connection

To: Vietnam maritime administration

The Maritime security information center certifies that:

1. Port: ..................................................................................................................

Line agency:

............................................

At: ............o’clock on date.................had practice of information connection with the maritime security information Center under the provisions of Circular No. số    /2015/TT-BGTVT dated...........2015 of the Minister of Transport.

- Location of tested signal transmittance: ..................................................................................................

- Full name of security officer: ..................................................................................................

- Position: ..................................................................................................................

Tel: ……………………… Fax: …………………… Email: ................................

- Connecting equipment: .............................................................................................................

2. Testing result: (specify the quality of information signal and recommendations).

........................................................................................................................................