Thông tư 28/2014/TT-BGTVT

CIRCULAR

REGULATIONS ON SEQUENCE AND PROCEDURES ON DREDGING, REPAIRS AND MAINTENANCE OF NAVIGABLE CHANNELS MANAGED AND USED BY THE MINISTRY OF TRANSPORT FROM STATE BUDGET CAPITAL

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

Pursuant to the Government’s Decree No. 21/2012/ND-CP dated March 21, 2012 on management of ports and navigable channels;

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

Pursuant to the Government’s Decree No. 130/2013/ND-CP dated October 16, 2013 on production and supply of public interest goods and services;

Pursuant to the Government’s Decree No. 114/2010/ND-CP dated December 06, 2010 on maintenance of construction works;

Pursuant to the Government’s Decree No. 12/2009/ND-CP dated February 12, 2009 on construction project management; Decree No. 83/2009/ND-CP dated October 15, 2009 amending and supplementing a number of articles of Decree No. 12/2009/ND-CP;

Pursuant to the Government’s Decree No. 112/2009/ND-CP dated December 14, 2009 on construction cost management;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 providing guidance on the implementation of a number of articles of the Law on Bidding;

Pursuant to the Prime Minister’s Decision No. 73/2013/QD-TTg dated November 27, 2013 on piloting implementation of dredging, repairs and maintenance of navigable channels managed by the Ministry of Transport;

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

The Minister of Transport promulgates the Circular regulating sequence and procedures on dredging, repairs and maintenance of navigable channels managed and used by the Ministry of Transport from state budget capital.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular regulates sequence and procedures on dredging, repairs and maintenance of navigable channels managed and used by the ministry of transport from state budget capital. Sequence and procedures on the implementation of dredging, repairs and maintenance of navigable channels of Hai Phong, Saigon and Vung Tau are in accordance with mechanism of competitive bidding with a lump-sum contract implemented under the Ministry of Transport’s provisions.

2. This Circular applies to state administration agencies, organizations and individuals in connection with activities of dredging, repairs and maintenance of navigable channels managed and used by the ministry of transport from state budget capital.

Article 2. Implementation

1. Agency assigning plans, cost estimates: the Ministry of Transport;

2. Agency managing navigable channels: Vietnam Maritime Administration;

3. Representative of the Agency managing navigable channels: Maritime safety assurance corporations.

Chapter 2

SEQUENCE AND PROCEDURES ON DREDGING, REPAIRS AND MAINTENANCE OF NAVIGABLE CHANNELS

Article 3. Drawing up plans for dredging, repairs and maintenance of navigable channels and signing a contract for supply of public interest services to ensure maritime safety

1. Drawing up annual plans for dredging, repairs and maintenance of navigable channels with economic non-business capital sources shall be carried out under the Ministry of Transport's Circular No. 14/2013/TT-BGTVT dated July 05, 2013 regulating maintenance of maritime works and other relevant provisions.

2. Vietnam Maritime Administration shall carry out signing the contract for supply of products and services of dredging, repairs and maintenance of navigable channels with Maritime safety assurance corporations as prescribed.

Article 4. Sequence and procedures on the implementation of dredging, repairs and maintenance of navigable channels of Dinh An – Can Tho

1. Step 1. Drawing up an outline and cost estimates for a survey

The Southern Maritime Safety Assurance Corporation shall draw up the outline and cost estimates for a survey to determine routes, directions of navigable channels and make the submission to Vietnam Maritime Administration for approval; adjust routes, directions as instructed.

2. Step 2. Establishing construction drawing design, survey outline and cost estimates

The Southern Maritime Safety Assurance Corporation shall:

a) Select a consultant for conducting a survey and establishing construction drawing design and cost estimates; make submission to Vietnam Maritime Administration for approval;

b) Establish the outline for survey & measurement and hand-over of site layout plan (scope, scale, methods and equipment of measurement, time of survey and relevant information) and make submission to Vietnam Maritime Administration for approval;

c) Establish cost estimates for environmental protection as prescribed and make submission to Vietnam Maritime Administration for approval;

3. Step 3. Drawing up plans for contractor selection

The Southern Maritime Safety Assurance Corporation shall draw up procurement plan (of which selection of the contractor for dredging, repairs and maintenance shall be done in the form of appointment and selection of the consultant and other contractors shall be done according to the Law on Bidding) and make submission to Vietnam Maritime Administration for approval.

4. Step 4. Organization of contractor selection

a) Vietnam Maritime Administration shall select a consultant for survey & measurement and hand-over of site layout plan according to the Law on Bidding; select a consultant for supervision according to the Law on Bidding or assign project management board (affiliated unit) to take charge of supervision as prescribed.

b) The Southern Maritime Safety Assurance Corporation shall select a construction contractor by appointment; select a consultant to take charge of environmental protection according to the Law on Bidding.

5. Step 5. Hand-over of site layout plan

a) Vietnam Maritime Administration shall preside over and organize survey & measurement and hand-over of site layout plan; inspect sequence and procedures and process of implementation by the units under the approved plan;

b) The Southern Maritime Safety Assurance Corporation, supervision consultant and engineering consultant shall cooperate with Vietnam Maritime Administration in inspecting and supervising the survey and measurement of site layout plan carried out by surveying consultant, accepting result of survey and hand-over of site layout plan to the construction contractor.

c) In case the result of survey & measurement and hand-over of site layout plan shows generated quantity of sludge is higher than the approved design, within ten working days, the Southern Maritime Safety Assurance Corporation shall cooperate with the engineering consultant in making adjustments to the cost estimates and making submission to Vietnam Maritime Administration for approval; In case such cost estimates are found in excess of assigned budget estimates, within five working days, Vietnam Maritime Administration shall make the report to the Ministry of Transport for consideration and decision.

6. Step 6.  Development of construction

a) The Southern Maritime Safety Assurance Corporation shall be responsible for managing, inspecting and supervising the entire process of construction carried out by the contractor; tighten supervision of activities carried out by supervision consultant and environment consultant during the construction.

b) Vietnam Maritime Administration shall organize inspection regularly and irregularly (if necessary) to ensure quality and progress of construction.

7. Step 7. Acceptance of works, public-interest products and services

a) Vietnam Maritime Administration shall select a unit for carrying out survey, measurement and acceptance of works at the site; organize acceptance of works to put into operation, acceptance of public-interest products and services as prescribed.

b) The Southern Maritime Safety Assurance Corporation shall cooperate with the supervision consultant in inspecting and supervising survey and measurement for acceptance of works; organize acceptance of result of survey & measurement and tasks of environmental protection.

8. Step 8. Final settlement of works and contract for supply of public-interest products and services

a) Vietnam Maritime Administration shall carry out final settlement of works as prescribed; carry out final settlement with the Southern Maritime Safety Assurance Corporation for the contract for supply of public-interest products and services and other contractors for contracts that Vietnam Maritime Administration has signed.

b) The Southern Maritime Safety Assurance Corporation shall make payment to contractors under the contract the corporation has signed.

Article 5. Sequence and procedures on the implementation of dredging, repairs and maintenance of navigable channels not prescribed in Article 4 hereof

1. Step 1. Establishing construction drawing design, survey outline and cost estimates

Maritime safety assurance corporations shall take the following responsibilities:

a) Select and sign the contract with engineering and verification consultants; in reliance on latest maritime topography, organize establishment and verification of cost estimate engineering and make the submission to Vietnam Maritime Administration for approval.

b) Establish outlines for survey & measurement and hand-over of site layout plan (scope, scale, methods and equipment of measurement, time of survey and relevant information) and make submission to Vietnam Maritime Administration for approval;

c) Establish cost estimates for environmental protection as prescribed and make submission to Vietnam Maritime Administration for approval;

2. Step 2. Drawing up plans for contractor selection

Maritime safety assurance corporations shall establish procurement plan and make submission to Vietnam Maritime Administration for approval.

3. Step 3. Organization of contractor selection

a) Vietnam Maritime Administration shall select a consultant for survey & measurement and hand-over of site layout plan according to the Law on Bidding; select a consultant for supervision according to the Law on Bidding or assign project management board (affiliated unit) to take charge of supervision as prescribed.

b) Maritime safety assurance corporations shall select a consultant for carrying out the tasks of environmental protection and construction contractor according to the Law on Bidding.

4. Step 4. Hand-over of site layout plan

a) Vietnam Maritime Administration shall preside over and organize survey & measurement and hand-over of site layout plan; inspect sequence and procedures and process of implementation by the units under the approved plan;

b) Maritime safety assurance corporations, supervision consultant and engineering consultant shall cooperate with Vietnam Maritime Administration in inspecting and supervising the survey and measurement of site layout plan carried out by the survey consultant, accepting result of survey and hand-over of site layout plan to the construction contractor.

c) In case the result of survey & measurement and hand-over of site layout plan shows generated quantity of sludge is higher than the approved design, within ten working days, Maritime safety assurance corporations shall cooperate with the engineering consultant in making adjustments to the cost estimates and making submission to Vietnam Maritime Administration for approval; In case such cost estimates are found in excess of allocated budget estimates, within five working days, Vietnam Maritime Administration shall make the report to the Ministry of Transport for consideration and decision.

5. Step 5. Development of construction

a) Maritime safety assurance corporations shall be responsible for managing, inspecting and supervising the entire process of construction carried out by the contractor; tighten supervision of activities carried out by supervision consultant and environment consultant during the construction.

b) Vietnam Maritime Administration shall organize inspection regularly and irregularly (if necessary) to ensure quality and progress of construction.

6. Step 6. Acceptance of works, public interest products and services

a) Vietnam Maritime Administration shall select a unit for carrying out survey, measurement and acceptance of works at the site; organize acceptance of works to put into operation, acceptance of public-interest products and services as prescribed.

b) Maritime safety assurance corporations shall cooperate with supervision consultant in inspecting and supervising survey and measurement for acceptance of works; organize acceptance of result of survey and measurement and tasks of environmental protection.

7. Step 7. Final settlement of works and contract for supply of public-interest products and services

a) Vietnam Maritime Administration shall carry out final settlement of works as prescribed; carry out final settlement with Maritime safety assurance corporations for the contract for supply of public-interest products and services and other contractors for contracts that Vietnam Maritime Administration has signed.

b) Maritime safety assurance corporations shall make payment to contractors under the contract such corporations have signed.

Chapter 3

ORGANIZATION OF SUPERVISION DURING DREDGING, REPAIRS AND MAINTENANCE OF NAVIGABLE CHANNELS

Article 6. Contents of supervision

1. Supervision of the implementation of dredging, repairs and maintenance of navigable channels

a) Review and inspect sequence and detailed construction measures established by construction contractor before submission for approval;

b) Inspect marker posts throughout the construction process;

c) Inspect and supervise machinery and construction equipment gathered to the site according to the list, specifications, types, technical uses, certificates granted to seafarers, insurance to equipment and other necessary requirements aimed at ensuring safety during the construction.

d) Inspection installation and quality of dredging monitoring system; Equipment that are put into installation must have clear origin, seals and lead seals secured, ensuring display of name of vehicle, size, position, speed, time of stops to facilitate the tasks of inspection and monitoring.

dd) Monitor progress of dredging;

e) Inspect conditions for starting the construction; personnel from construction contractor coming in and out of the site;

g) Monitor tasks of environmental hygiene and safety

h) Monitor activities of dredging to ensure technical requirements (depth, design slope taking into account permissible tolerance as prescribed);

i) Monitor the tasks of measurement after the dredging is completed ensuring that site positioning marker system and level used for measurement before and after dredging is unchanged;

k) Inspect and confirm quantity;

2. Monitor transport and disposal of dredged sludge and bottom sediments (hereinafter referred to as “sludge”);

a) Monitor vehicles transporting sludge from dredging position all the way to approved dumping locations throughout the process of construction;

b) Collect and compile information and data at the site (locations, speed, time of stops) from the dredge monitoring system installed on working vehicles; Take photographs of the transport vehicles’ sludge containers at following points of time: starting to receive sludge in the construction area; end of the process of receiving sludge; end of the journey of transporting sludge to the dumping location and end of the process of disposal;

3. Monitor finishing work

a) Inspect coordinates, level and slope of dredging areas according to design;

b) Monitor survey and measurement and confirm workload completed by the contractor; monitor the task of measurement and confirm workload at the dumping locations in case sludge is disposed on terrestrial areas by sucking through a tube;

c) Monitor acceptance of all work items  Measurement for acceptance shall be carried out after the construction contractor announces that he/she has completed dredging task. If result of measurement and acceptance shows the work performed by the contractor is not satisfactory, the contractor must carry out supplementary works until the work is satisfactory.

d) Monitor other finishing works

Article 7. Organization of supervision of the implementation of dredging, repairs and maintenance of navigable channels

1. Supervision consultant shall take following responsibilities:

a) Carry out supervision as prescribed in Article 6 hereof and relevant law provisions;

b) Establish organization document and supervision outline, make submission to Maritime safety assurance corporations for consideration and approval before supervision is carried out;

c) Have a section fully in charge of maintaining activities of supervision systematically throughout the process of dredging, from commencement of works to acceptance and hand-over; arrange personnel for carrying out the task of supervision including a chief supervisor and member supervisors;

d) Adequately arrange necessary facilities for the task of supervision; adequately arrange qualified technical staff to carry out supervision and inspection of the entire work performed by surveying contractor, the task of dredging aimed at ensuring quality and progress of works as well as conditions for labor safety and environmental hygiene; Record all supervision results about the process of dredging and transporting sludge, or use specimen daily records as prescribed in Appendix I enclosed herewith;

dd) Carry out regular inspection and supervision of the contractor’s personnel and working equipment coming in and out of the site (including sub-contractors and hired equipment); confirm quantity and quality of machinery and equipment under the contract or bid winning document (list of equipment, technical uses, certificates of seafarers, insurance...)

e) Carry out daily inspection of installation and operation of the dredge monitoring system installed on the contractor’s working vehicles or equipment; request immediate remedial works upon detection of problems or faults failing to meet quality requirements as prescribed;

g) Carry out regular inspection and supervision of the contractor's internal quality control system; inspect coordinates, level and slope of the dredging areas according to design; monitor and speed up progress of dredging;

h) Be present on dredging vehicles throughout the construction to closely supervise the process of dredging and transporting sludge to the locations as prescribed; take photographs of the transport vehicles’ sludge containers at following points of time: starting to receive sludge in the construction area; end of the process of receiving sludge; end of the journey transporting sludge to the dumping location and end of the process of disposal of sludge (photographs must show GPS coordinates and time they are taken); transfer in a timely manner all photographs taken to Maritime safety assurance corporations for monitoring and storage together with documents on completion of works as prescribed;

i) Send weekly reports (according to forms as prescribed in Appendix II enclosed herewith) accompanied by a copy of daily records (in the reporting week) to Vietnam Maritime Administration and Maritime safety assurance corporations; make early reports on performance, difficulties accompanied by proposed handling measures to administrative agencies during the process; be responsible to the law and administrative agencies for the performance;

2. Duties and authority of the chief supervisor

a) Take charge of supervision at the site in general; give specific assignments to member supervisors;

b) Conduct hand-over meetings with Vietnam Maritime Administration, Maritime safety assurance corporations and contractors on behalf of supervision consultant;

c) Consider and instruct contractors to make submission of detailed construction measures for approval as prescribed;

d) Put forward the plan and make regular inspection of the task of supervision Request temporary suspension of working vehicles that fail to meet requirements and make immediate reports to regional port authorities, Maritime safety assurance corporations for handling as prescribed;

dd) Compile the construction of work items; make early reports on the construction, propose measures to deal with difficulties arising during the construction and send acceptance documents to heads of consultants during the construction;

e) Carry out the establishment of acceptance documents (in terms of technique and quantity), as-built dossiers of general acceptance of works;

g) Be responsible to the law for the task of supervision throughout the construction;

3. Duties and authority of member supervisors

a) Conduct technical supervision, ensuring the works meet technical requirements, processes and designs;

b) Supervise and confirm the transport and disposal of sludge;

c) Supervise or implement the establishment of acceptance documents as assigned according to law provisions;

d) Implement recording of construction diary;

4. Vietnam Maritime Administration, regional port authorities, Maritime safety assurance corporations and consultants shall be responsible for supervising the implementation of dredging, repairs and maintenance of navigable channels as prescribed hereof and relevant law provisions.

5. During the supervision, supervision consultant must cooperate closely with Vietnam Maritime Administration, port authorities, Maritime safety assurance corporations and construction contractors in accelerating construction progress and ensuring the works achieve high quality; make early reports on technical issues to Maritime safety assurance corporations and contractors for coordinating handling as prescribed; Such handling must be recorded in construction diary.

Article 8. Installing dredge monitoring system on dredging vehicles

1. Vehicles transporting and disposing of sludge must be installed with dredge monitoring system.

2. Structure of a dredge monitoring system installed on vehicles transporting and disposing sludge:

a) The automatic identification system (AIS) shall automatically supply information about journeys of dredging vehicles (position, speed and name of vehicles), support avoidance of collision, ensure maritime safety in dredging areas.

b) Camera shall provide photographs of sludge containers before and during the transport and disposal of sludge at prescribed locations.

3. Requirements for minimum technical specifications and working conditions of the dredge monitoring system installed on vehicles transporting and disposing sludge:

a) AIS must guarantee standards IEC 61162-1 and IEC 60945 announced by The International Electrotechnical Commission (IEC); guarantee constant and stable transmission of information about journeys of dredging vehicles to the data center where Vietnam Maritime Administration, port authorities, Maritime safety assurance corporations and supervision consultant may follow up, inspect and supervise through the Internet.

b) Camera must guarantee following requirements: standard IP 66 (capable of preventing collision, dust and water), minimum resolutions of 420 TV line, supports for H.264, MPEG – 4 and MJPEG compression standards, build-in infra-red for recording images during night and day time, full display of actual time of recording, memory capacity large enough to record and store images continuously during the construction; at least two cameras must be installed as a provision for things going wrong.

c) The dredge monitoring system must be installed and protected against water and high humidity. Power sources supplied to the dredge monitoring system must ensure continuous and stable operation (round the clock).

d) The dredge monitoring system must be installed at appropriate and fixed positions on working vehicles (with lead seals secured) which are favorable for exploitation, monitoring and recording of images during the construction, transport and disposal of sludge ensuring no displacement or removal during the process of dredging.

4. Data safety function of dredging monitoring system;

a) Data recorded must ensure not to be erased or changed throughout the storage period.

b) Data recorded and stored in the memory must be set with a password before the process of dredging and disposal of sludge is carried out (the password shall be managed by Maritime safety assurance corporations and provided to regional port authorities and supervision consultant for monitoring and inspection if necessary).

5. Maritime safety assurance corporations shall be responsible for inspecting the dredge monitoring system, supervising the installation of the dredge monitoring system carried out by construction contractors and ensuring no removal or displacement or any interference that may cause deviation from results provided.

Article 9. Management of data from dredging monitoring system

1. Data from the dredge monitoring system must be sent to the data center for management, exploitation and use serving the task of supervising vehicles transporting and disposing sludge.

2. The data center must be able to integrate data sent from AIS and display it on digital map; provide interfaces for access and use of integrated information through the Internet to serve the inspection and supervision by agencies and units (Vietnam Maritime Administration, port authorities, Maritime safety assurance corporations and supervision consultant);

3. The data center must store and make a backup of data regularly to avoid any loss; data must be stored for a minimum of three years since the works is accepted and put into operation.

4. Vietnam Maritime Administration shall organize management of the data center on the basis of existing information infrastructure, ensure uniformity and meet requirements for management, inspection, supervision, reference and provision of data about vehicles participating in dredging, repairs and maintenance of navigable channels (hereinafter referred to as “working vehicles”).

Chapter 4

IMPLEMENTATION

Article 10. Responsibilities of Vietnam Maritime Administration

1. Organize the implementation of dredging, repairs and maintenance of navigable channels according to laws, ensure progress and quality;

2. Proactively consider and grant approval for specific activities of dredging, repairs and maintenance of navigable channels in accordance with approved annual plans and realities of management; make submission of the plan for dredging, repairs and maintenance of navigable channels (hereinafter referred to as "The plan") to the Ministry of Transport for consideration and adjustments in case the list of routes of navigable channels is changed or the costs are found in excess of allocated budget estimates; intensify inspection and supervision to ensure quality of works and economic- technical efficiency; organize the implementation of survey & measurement and hand-over of site layout plan, survey & measurement and acceptance of works at the site; make decisions on conducting measurement again to inspect implemented works for navigable channels and report to the Ministry of Transport five days prior to implementation.

3. Provide guidance to port authorities on issuance of licenses to working vehicles in accordance with regulations on registration; Organize inspection of issuance of licenses to working vehicles by port authorities; inspect dredging and disposal of sludge through data provided by Maritime safety assurance corporations and supervision consultant;

4. Preside over and cooperate with Maritime safety assurance corporations in working with local competent agencies to select appropriate sites for disposal of sludge ensuring long-term stability, economic – technical efficiency and environmental protection;

5. Follow up, compile and make preparations for partial and entire summing-ups of the performance when the pilot period is over as prescribed in Decision No. 73/2013/QD-TTg;

Article 11. Responsibility of port authorities

1. Approve plans for ensuring maritime safety during the process of dredging, repairs and maintenance of navigable channels as prescribed in Article 14, Decree No. 21/2012/ND-CP.

2. Based on requests from Maritime safety assurance corporations, carry out inspection and issuance of licenses to working vehicles as prescribed in Article 67, Decree No. 21/2012/ND-CP; Decline to issue licenses to working vehicles that fail to meet requirements for registration as prescribed and have no dredge monitoring system installed as prescribed in Article 8 hereof;

3. Make decisions on working time at navigable channels to ensure safety to ships, boats operating in the area as well as to ensure progress and quality of works;

4. Cooperate with relevant units in inspecting disposal of sludge; monitor daily activities of working vehicles; impose strict penalties on any vehicle that disposes sludge in locations other than prescribed ones according to law provisions;

5. Exercise state administration on activities of dredging, repairs and maintenance of navigable channels within territorial waters assigned for management as prescribed;

Article 12. Responsibilities of Maritime safety assurance corporations

1. Take responsibility for their own performance, comply with law provisions, complete annual plans for dredging, repairs and maintenance of navigable channels and make effective use of state budget capital;

2. Guarantee the works meet quality requirements under the contract for supply of public-interest services and laws on construction management and construction quality management;

3. Select construction contractors according to law provisions; tighten management and do not allow transfer of quantity or contracts; Bidding documents and construction contract must specify percentage of work quantity performed by sub-contractors, working vehicles and equipment hired or owned by main contractor; working vehicles and equipment hired; provisions on penalties imposed on contractors for violations of quality, progress, maritime safety and environmental protection (Main contractor shall be responsible for violations committed by its sub-contractors)

4. Organize inspection and check on vehicles proposed for use by contractors in the bid and according to construction realities and make submission to regional port authorities for approval; Cooperate with construction contractors, supervision consultant in checking and granting approval for construction measures, work quality control measures, detailed construction progress, labor safety and environment hygiene management measures, and at the same time sending them to Vietnam Maritime Administration and regional port authorities for management, inspection and supervision before implementation;

5. Establish and submit plans for ensuring maritime safety to regional port authorities for approval before implementation as prescribed; organize the implementation and report the performance after implementation;

6. During the process of construction, arrange personnel at the site permanently for monitoring and inspecting activities of supervision consultant and construction contractors (including sub-contractors and hired vehicles and equipment); document and deal with activities found in conflict with provisions prescribed by these units; Upon finding additional quantity and costs are arising, make immediate reports to Vietnam Maritime Administration for selection of a consultant who shall carry out measurement and establishment of adjusted dossiers and make the report to Vietnam Maritime Administration for approval or to the Ministry of Transport for consideration and decision;

7. Manage supervision of activities of dredging and disposing of sludge as prescribed, ensure maritime safety; make reports to Vietnam Maritime Administration on a monthly basis and on request;

8. Refuse to accept and make payment for work items that are not completed according to the approved construction drawing design or completed but quality is not guaranteed;

9. Copy images from cameras installed on working vehicles and photographs of sludge containers taken by supervision consultant for storage along with work completion dossiers as prescribed;

10. Provide and hand over to Vietnam Maritime Administration all existing level markers of the site as requested for serving the task of survey and measurement of the work;

 Article 13. Responsibilities of relevant consultants

1. Guarantee consulting services are carried out in accordance with assignments, technical regulations and law provisions;

2. Have quality control system as prescribed; perform designer supervision during the process of construction as prescribed; cooperate with administrative agencies, contractors in handling issues in connection with consultancy dossiers and issues arising during the process of construction; take part in inspection and acceptance of works at the request of administrative agencies;

3. Be responsible to the law and administrative agencies for performance and make compensations for any damage caused by their consulting services;

4. Fully exercise obligations and responsibilities under the signed contract and law provisions;

Article 14. Responsibilities of construction contractor

1. During the process of construction, comply strictly with the law on construction quality management, technical regulations and standards, design dossiers, approved plans for ensuring maritime safety, and other relevant law provisions; Be placed under regular supervision and inspection of construction quality by administrative agencies, engineering and supervision organizations;

2. Install the dredge monitoring system as prescribed in Article 8 hereof; In case the dredge monitoring system is damaged and not working during the transport, make immediate reports to supervision consultant, Maritime safety assurance corporations, main contractor (if any) for handling; if the problem is not remedied, allow the vehicle to complete disposal of sludge at prescribed locations and fix the problem before putting the vehicle into operation again; in case the contractor fails to make early report on the damage or failure of the dredge monitoring system, such shipment of sludge shall not be accepted.

3. Establish construction measures and progress to ensure work quality, labor safety and environmental hygiene during the process of construction; establish work quality control system to manage construction product and the works during the process of construction; establish construction diary adequately and organize internal inspection as prescribed; In case the result of survey and measurement for acceptance of works conducted by Vietnam Maritime Administration at the request of the contractor shows that the work performed by the contractor does not meet quality requirements according to the design and the signed contract, the contractor shall be responsible for paying all expenses for such measurements and keeping completing such work as prescribed;

4. Fully mobilize personnel and working equipment as committed in the bid and construction contract;

5. Declare information about sub-contractors as stated in the bid and construction contract including the lists, performed quantity, scope of work, vehicles in their possession, and other relevant information;

6. Change construction measures only if accepted by Maritime safety assurance corporations and quantity of work only if accepted by Vietnam Maritime Administration; make regular reports on progress, quality, quantity, safety and environment;

7. Be responsible to administrative agencies and the law for the construction of works including portion of work performed by sub-contractors under the contract;

8. Carry out remedial works for the damage caused, accept administrative penalties as prescribed, be banned from participating in bidding activities for similar works from one to three years and take other responsibilities as prescribed if disposal of sludge in locations other than prescribed ones causes pollution to the environment or over 10% of quantity of work (not including portion of work within responsibility of sub-contractors as stated in the bid and signed contract) is transferred to other contractors.

Article 15. Effect

This Circular takes effect since September 15, 2014.

Article 16. Implementation

1. Chief of the Ministry Office, the Chief Inspector, general directors of Vietnam Maritime Administration, Northern and Southern maritime safety assurance corporations, relevant agencies, organizations, and individuals shall be responsible for executing this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration and handling in a timely manner./.