Thông tư 47/2011/TT-BGTVT

CIRCULAR

ON RECEIPT, TRANSMISSION AND PROCESSING OF MARITIME SECURITY INFORMATION

Pursuant to the Vietnam Maritime Code of June 14, 2005.

Pursuant to the Government's Decree No. 51/2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport:

Pursuant to the Prime Minister's Decision No. 125/2004/QD-TTg of July 9, 2004, on notification, receipt, transmission and processing of maritime security information:

Pursuant to the Prime Minister's Decision No. 11/2009/QD-TTg of January 16, 2009, amending and supplementing a number of articles of the Prime Minister's Decision No. 125/2004/QD-TTg of July 9. 2004, on notification, receipt, transmission and processing of maritime security information:

The Minister of Transport provides the receipt, transmission and processing of maritime security information as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the receipt, transmission and processing of maritime security information under 2002 Amendments and Supplements to the 1974 International Convention for the Safety of Life at Sea (below referred to as the SOLAS Convention 74) and the International Ship and Port Facility Security Code (below referred, to as ISPS Code).

Article 2. Subjects of application This Circular applies to:

1. The following ships operating on international routes:

a/ Passenger ships:

b/ Cargo ships with a gross tonnage of 500 GT or higher:

c/ Offshore mobile oil rigs.

2. Seaports receiving ships operating on international routes specified in Clause 1 of this Article.

3. Vietnamese and foreign organizations and individuals operating ships on international routes specified in Clause 1 of this Article (below referred to as ship companies).

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

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

Chapter II

RECEIPT, TRANSMISSION AND PROCESSING OF MARITIME SECURITY INFORMATION

Article 3. Receipt, transmission and processing of maritime security information by the maritime security information center and maritime administrations

1. The maritime security information center

Upon receiving the Marine Police Department's notice of security level, the maritime security information center shall transfer such information to:

a/ Maritime administrations;

b/ Seaport enterprises, security officers of seaports',

c/ Ship companies and security officers of ship companies;

d/ Concerned foreign authorities and concurrently notify the Consular Department of the Ministry of Foreign Affairs. In case of failure to communicate with the competent authority of the country the flag of which the ship flies, the center shall request the Consular Department to notify concerned foreign authorities through the diplomatic channel.

2. Maritime administrations

Upon receiving information from the maritime security information center, a maritime administration shall notify such information to;

a/ Ships which are expected to arrive or are operating at the seaport under its management;

b/ The border guard of the seaport border gate.

Article 4. Receipt, transmission and processing of maritime security information by security staff of Vietnamese ship companies, ship security officers of these companies and concerned agencies

1. Upon receiving information from the maritime security information center, ship companies and their security staff shall promptly notify the level of and change in the level of maritime security to their ship security officers for application to ships in the next voyage.

2. Based on assessment of possible risks for humans, property or the environment from contact activities between a ship and a seaport, ship security officers may request seaport security officers or the competent authority at the foreign seaport to sign a security commitment in the following cases:

a/ The ship is operating at a security level higher than the security level of the seaport or another ship it is contacting:

b/ There is an agreement on security commitment on specific international routes or specific ships operating on such routes between the governments of the Socialist Republic of Vietnam and other contracting states to the SOLAS Convention 74:

c/ A security risk or security incident involving the ship or seaport exists:

d/ The ship is staying at a seaport which is not required to have and implement an approved seaport security plan;

e/ The ship is contacting with another ship which is not required to have and implement an approved ship security plan.

3. The written security commitment provided in Clause 2 of this Article shall be kept on board the ship at least for a duration the ship arrives at 10 next seaports after such commitment is signed.

4. Before the ship passes an area warned of security threat, its captain and ship security officer shall communicate with piracy notification centers for coordination in piracy prevention and combat.

Article 5. Receipt, transmission and processing of maritime security information by ships and concerned agencies, at seaports

1. For foreign ships arriving at Vietnamese seaports

a/ At least 24 hours before entering the territorial sea of the Socialist Republic of Vietnam, the captain, the ship owner or its agent, or the agent of the ship operator must directly communicate with the maritime administration of the seaport the ship is expected to arrive at to:

- Notify the current security level of the ship and other related maritime security information (according to the form provided in Appendix I to (his Circular, not printed herein);

- Receive information from the maritime administration on the security level currently applied at the seaport and security measures to be applied on the ship.

b/ After receiving related security information on the ship specified at Point a. Clause 1 of this Article, the maritime administration shall notify such information to the security officer of the seaport the ship arrives at:

c/ Based on the assessment of possible risks for humans, property or the environment from contact activities between the ship and the seaport, the seaport security officer shall sign a security commitment with the ship which shall be kept at the seaport;

d/ When there is a change in the security level on the ship or at the seaport from the time of previous communication, the ship security officer and the seaport security officer shall promptly notify each other for prompt handling.

2. For Vietnamese and foreign ships leaving Vietnamese seaports

Upon request, the maritime administration of the port of departure shall notify related maritime security information to the ship security officer before the ship leaves the Vietnamese seaport for updating information related to the voyage.

Article 6. Reporting regulations

1. Urgent reporting

a/ Within 4 hours after receiving information on the security level from the Marine Police Department, the maritime security information center shall report such to the Vietnam Maritime Administration and concerned agencies and units under regulations:

b/ When receiving accurate information on a security incident of a ship or seaport (which has been checked and verified), the maritime security information center shall report such to concerned agencies and units for prompt handling and settlement.

2. Annual reporting

Before January 25 every year, the Vietnam Maritime Administration and Vietnam Registry shall summarize reports for reporting to the Ministry of Transport on maritime security information management of the previous year.

3. Report sending methods

Security reports shall be sent by fax, telephone or email to ensure timeliness and sent later by post.

Chapter III

COORDINATION IN EXERCISING MARITIME SECURITY AND PRACTICING MARITIME SECURITY INFORMATION CONNECTION

Article 7. Coordination in exercising maritime security

1. Responsibilities of the maritime security information center

a/ To coordinate with agencies of the Ministry of National Defense and the Ministry of Public Security, seaport enterprises and ship companies in exercising maritime security;

b/ To receive and process information on maritime security exercises by seaport enterprises, ship companies and ships;

c/ To notify concerned agencies of the organization of exercises;

d/ To directly participate in security information exercises at seaport enterprises, ship companies or ships under approved plans at the request of these units.

2. Responsibilities ship companies and seaport enterprises

a/ To annually coordinate with the maritime security information center in organizing security information exercises under approved security plans;

b/ To notify the maritime security information center and regional maritime administrations of the time of exercises 10 days ahead.

3. Responsibilities of maritime administrations

To coordinate with the maritime security information center, seaport enterprises, ship companies and ships in exercising maritime security under approved plans on seaport and ship security.

Article 8. Practice in maritime security information connection and certification of practice results

1. Practice contents

a/ Operation of the security alarm system on ships;

b/ Operation of the communication system at seaports.

c/ Receipt, transmission and processing of maritime security information.

2. Practice and certification of practice in maritime security information connection and processing

a/ Annually, ship companies, seaport enterprises and ships shall practice connection and processing of information with the maritime security information center once and the interval between two practices must be less than 18 months;

b/ Before a practice, they shall notify and reach agreement with the maritime security information center on the practice plan (according to the form provided in Appendix II to this Circular, not printed herein):

c/ he maritime security information center shall receive and process information; grant certificates of information connection practice to ship companies and seaport enterprises (according to the form provided in Appendix III to this Circular, not primed herein);

d/ Time limit for granting a certificate of maritime security information connection practice: Within 5 working days after a successful practice, the center shall send the certificate to the ship company and seaport enterprise by fax, post or email;

e/ The certificate of information connection practice is the basis for the Vietnam Maritime Administration and Vietnam Registry to evaluate and certify the security system for granting conformity certificates of seaports and international certificates of ship security.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 9. Effect

This Circular takes effect on September 1, 2011, and replaces the Minister of Transport's Circular No. 25/2004/TT-BGTVT of October 13, 2004, guiding the receipt, transmission and processing of maritime security information for ships, ship companies, seaport enterprises and concerned agencies at seaports.

Article 10. Organization of implementation

1. The Vietnam Maritime Administration and Vietnam Registry shall organize the implementation of this Circular.

2. The Chief of the Office, the Chief Inspector and directors of departments of the Ministry, heads of concerned agencies and organizations and concerned persons shall implement this Circular.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Transport for consideration and settlement.-