Thông tư 66/2014/TT-BGTVT

CIRCULAR

PROVIDING FOR THE PASSENGER, LUGGAGE AND CONSIGNMENT TRANSPORT BY PASSENGER HIGH SPEED CRAFT BETWEEN PORTS, LANDING STAGES AND WATERS OF VIETNAM INTERNAL WATERS AND ACROSS BORDER

Pursuant to the Maritime Code of Vietnam in 2005;

Pursuant to the Law on Inland Waterway Navigation in 2004;

Pursuant to the Law amending and supplementing some article of the Law on Inland Waterway Navigation dated 17/06/2014;

Pursuant to Decree No. 107/2012 / ND-CP dated 20/12/2012 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 30/2014 / ND-CP dated 14/04/2014 of the Government on business conditions of maritime transport services and maritime transport assistance services;

At the request of the Director General of Department of Transport;

The Minister of Transport issues Circular providing for the passenger, luggage and consignment transport by passenger high speed craft between ports, landing stages and waters of Vietnam internal waters and across border.

Chpater I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the passenger, luggage and consignment transport by passenger high speed craft between ports, landing stages and waters of Vietnam internal waters and across border.

Article 2. Subjects of application

This Circular applies to foreign and Vietnamese organizations, individuals related to the business activities of passenger, luggage and consignment transport by passenger high speed craft between ports, landing stages and waters of Vietnam internal waters and across border.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Passenger high-speed craft (referred to as craft) is the ship or boat with the highest speed calculated in meter/second (m/s) or knot/hour (kt) equal to or greater than the value calculated by the following formula:

V ≥ 3,7 ∆^0,1667     (m/s)

or V ≥ 7,1992 ∆^0,1667    (kt)

In which:

∆: Volume of displacement corresponding to the highest designed water plane (m³)

2. Passengers are people on board who are not crew and service personnel.

3. Relevant port Authorities are the inland waterway port Authorities or port Authorities.

Chapter II

BUSINESS OF PASSENGER, LUGGAGE AND CONSIGNMENT TRANSPORT BY SHIP ALONG FIXED ROUTE

Article 4. Obligations of organizations or individuals carrying on business of passenger, luggage and consignment transport by ship along fixed route

1. Publicize information about the quality of passenger, luggage and consignment transport services on the website of organizations or individuals or post it at landing stage and at the ticket counter for passengers to know before they are on board.

2. Postat landing stage, ticket counters the information about departure time, number of trips, fare, policy on fare discount as prescribed by law and persons carrying on transportation business, itinerary (including rest stops, time of stop and rest), passenger services on itinerary, passenger insurance, freight free luggage and telephone number to receive passenger’s complaint information.

3. Post on ship the hotline number of management organizations, individuals and organs, rescue units and ship rules.

4. Within at least 10 (ten) minutes before the ship leaves port or landing stage, the service personnel or crew must provide instructions and information about ship rule, location and usage of life saving and fire extinguishing equipment and emergency exit. For the instructions and information provision. The image through the screen system can be used for providing instructions and information.

5. Within at least 10 (ten) minutes before the ship arrives at port or landing stage, the service personnel or crew shall provide information about port, landing stage, ship’s duration of stay and other necessary information. The image through the screen system can be used for providing information.

6. Manage and store required information and provide all required information for relevant Departments of Transport, Vietnam Maritime Administration, Vietnam Inland Waterways Administration and other port Authorities upon requirement.

The required information includes: time of arrival and departure, itinerary, list of passengers, crew and service personnel of each trip and such information is stored within 01 year.

7. Informing the relevant Department of Transport or port Authorities, making announcement at ports and landing stages 03 days prior to any change of ship operation chart or itinerary and 12 hours upon change of time of landing stage leaving.

8. Organizing the annual exercise of rescue upon occurrence of collision, engine breakdown, explosion or fire.

Article 5. Procedures for approval of passenger, luggage and consignment transport by ship along fixed route of Vietnamese organizations or individuals

1. Organizations or individuals shall submit a set of dossier for approval of passenger, luggage and consignment transport by ship along fixed route directly or send by post or in other appropriate forms to Department of Transport (in case the ship leaves the port or landing stage which is under the management of Department of Transport) or the port Authorities (in case the ship leaves the port or landing stage which is under the management of port Authorities). The dossier includes:

a) Operation registration of passenger, luggage and consignment transport by ship along fixed route under the form specified in Appendix 01 issued with this Circular;

b) Document or contract with organizations or individuals who are operating port or landing stage and permit the ship to land for passenger embarking and disembarking.

c) Certified copy (or copy with the original for comparison) of the following papers: Certificate of enterprise registration or Certificate of business registration or Certificate of business household registration in the field of waterway passenger transport; Certificate of ship registration; Certificate of technical safety and environmental protection of ship.

d) Registration of service quality under the form specified in Appendix II issued with this Circular;

dd) Ship operation procedure of organizations or individuals with the main contents such as: Number of ship operated, time of operation, maintenance, repair, dry docking, number of operating crew, procedures for dealing with incidents while operating.

2. The Department of Transport or the port Authorities shall receive, verify and handle dossier as follows:

a) In case the dosier is submitted directly and completely, issue receipt for result appointment at prescribed time or return it and provide instructions for completion in case of incompletion.

b) In case the dosier is submitted by post or in other appropriate forms but incompletely as prescribed, within 02 (two) working days after receipt of dossier, the Department of Transport or the port Authorities shall shall require the organizations or individuals in wrting to complete their dossier.

c) Within 02 (two) working days after fully receiving the prescribed dossier, the Department of Transport or the port Authorities shall ask for the written opinions from the relevant Department of Transport or the port Authorities (where the port or landing stage receiving ship or in case the ship navigates the relevant maritime waters) and the opinions from the Vietnam Inland Waterways Administration (in case of navigation on the national inland waterway route). Within 02 (two) working days after receiving the written opinion, the Vietnam Inland Waterways Administration, the Department of Transport or the port Authorities shall reply in writing.

d) Within 03 (three) working days after the expiration of time limit for getting opinions from the relevant organs, the Department of Transport or the port Authorities shall permit in writing the organizations or individuals to carry out the passenger, luggage and consignment transport by ship along fixed route or reply in writing in case of disapproval.

Article 6. Procedures for approval of passenger, luggage and consignment transport by ship along fixed route of organizations or individuals with foreign invested capital

1. Organizations or individuals shall submit a set of dossier for approval of passenger, luggage and consignment transport by ship along fixed route directly or send by post or in other appropriate forms to the area Inland Waterways Sub-Administration (in case the ship leaves the port or landing stage which is under the management of area Inland Waterways Sub-Administration) or the port Authorities (in case the ship leaves the port or landing stage which is under the management of port Authorities). The dossier includes:

a) Operation registration of passenger, luggage and consignment transport by ship along fixed route under the form specified in Appendix 01 issued with this Circular;

b) Document or contract with organizations or individuals who are operating port or landing stage and permit the ship to land for passenger embarking and disembarking.

c) Certified copy (or copy with the original for comparison) of the following papers: Certificate of enterprise registration or Certificate of business registration or Certificate of business household registration in the field of waterway passenger transport; Certificate of ship registration; Certificate of technical safety and environmental protection of ship.

d) Registration of service quality under the form specified in Appendix II issued with this Circular;

dd) Ship operation procedure of organizations or individuals with the main contents such as: Number of ship operated, time of operation, maintenance, repair, dry docking, number of operating crew, procedures for dealing with incidents while operating.

2. The area Inland Waterways Sub-Administration or the port Authorities shall receive, verify and handle dossier as follows:

a) In case the dosier is submitted directly and completely, issue receipt for result appointment at prescribed time or return it and provide instructions for completion in case of incompletion.

b) In case the dosier is submitted by post or in other appropriate forms but incompletely as prescribed, within 02 (two) working days after receipt of dossier, the area Inland Waterways Sub-Administration or the port Authorities shall require the organizations or individuals in wrting to complete their dossier.

c) Within 02 (two) working days after fully receiving the prescribed dossier, the area Inland Waterways Sub-Administration or the port Authorities shall ask for the written opinions from the relevant Department of Transport or the port Authorities (where the port or landing stage receiving ship or in case the ship navigates the relevant maritime waters), opinions from relevant Department of Transport (where the port or landing stage receiving ships or in case of navigation on the relevant locall inland waterway route). Within 02 (two) working days after receiving the written opinion, the Department of Transport or the port Authorities shall reply in writing.

d) Within 03 (three) working days after the expiration of time limit for getting opinions from the relevant organs, the Inland Waterways Sub-Administration or the port Authorities shall permit in writing the organizations or individuals to carry out the passenger, luggage and consignment transport by ship along fixed route or reply in writing in case of disapproval.

Article 7. Procedures for approval of passenger, luggage and consignment transport by ship along fixed route across border

1. Organizations or individuals shall submit a set of dossier for approval of passenger, luggage and consignment transport by ship along fixed route across border directly or send by post or in other appropriate forms to the Vietnam Inland Waterways Administration (in case the ship leaves the port or landing stage which is under the management of Vietnam Inland Waterways Administration) or the Vietnam Maritime Administration (in case the ship leaves the port or landing stage which is under the management of Vietnam Maritime Administration). The dossier includes:

a) Operation registration of passenger, luggage and consignment transport by ship along fixed route across border under the form specified in Appendix 01 issued with this Circular;

b) Document or contract with organizations or individuals who are operating port or landing stage and permit the ship to land for passenger embarking and disembarking.

c) Certified copy (or copy with the original for comparison) of the following papers: Certificate of enterprise registration or Certificate of business registration or Certificate of business household registration in the field of waterway passenger transport; Certificate of ship registration; Certificate of technical safety and environmental protection of ship.

d) Registration of service quality under the form specified in Appendix II issued with this Circular;

dd) Ship operation procedure of organizations or individuals with the main contents such as: Number of ship operated, time of operation, maintenance, repair, dry docking, number of operating crew, procedures for dealing with incidents while operating.

e) Agreement of authorities of the country where the ship operates upon consent of receipt.

2. The Vietnam Inland Waterways Administration or the Vietnam Maritime Administration shall receive, verify and handle dossier as follows:

a) In case the dosier is submitted directly and completely, issue receipt for result appointment at prescribed time or return it and provide instructions for completion in case of incompletion.

b) In case the dosier is submitted by post or in other appropriate forms but incompletely as prescribed, within 02 (two) working days after receipt of dossier, the Vietnam Inland Waterways Administration or the Vietnam Maritime Administration shall require the organizations or individuals in wrting to complete their dossier.

c) Within 02 (two) working days after fully receiving the prescribed dossier, the Vietnam Inland Waterways Administration or the Vietnam Maritime Administration shall ask for the written opinions from the relevant Department of Transport in case the ship navigates the relevant local inland waterway route. Within 02 (two) working days after receiving the written opinion, the relevant Department of Transport shall reply in writing.

d) Within 03 (three) working days after the expiration of time limit for getting opinions from the relevant organs, the Vietnam Inland Waterways Administration or the Vietnam Maritime Administration shall permit in writing the organizations or individuals to carry out the passenger, luggage and consignment transport by ship along fixed route across border or reply in writing in case of disapproval.

Article 8. Procedures for port or landing stage entry

1. 20 (twenty) minutes before the estimated time of port landing, the captain must notify the port Authorities or landing stage management Unit of the time of port landing, number of passengers and volume of cargo on ship. The notification may be made through VHF or with other communication equipment.

2. After the ship has landed, the following papers for the entry procedures shall be submitted and presented to the port Authorities or landing stage management unit:

a) The last port or landing stage leaving permit (the original); passenger list; transport contract or stock delivering invoice or cargo transport permit (the copy);

b) Paper to be presented (the original): Certificate of ship registration; Certificate of technical safety and environmental protection of ship; Crew list Book; Crew’s professional diploma or certificate.

3. After checking the papers specified in Clause 2 of this Article, the port Authorities or landing stage management Unit shall check the ship. If the ship guarantees the safety conditions, the port Authorities or landing stage management Unit shall issue the port or landing stage entry Permit to the ship or make a written record and handle this case as stipulated by law in case of no guarantee of prescribed safety conditions.

Article 9. Procedures for port or landing stage leaving

1. Before the ships leaves port or landing stage, the following papers for the leaving procedures shall be submitted and presented to the port Authorities or landing stage management unit:

a) Passenger list;

b) Transport contract or stock delivering invoice or cargo transport permit;

c) Voucher evidencing the payment of fees, charges, fines or repayment of debts (if any) in accordance with regulations of law;

d) Papers related to the changes compared with the ones specified under Point b, Clause 1 of this Article (if any).

2. After checking the papers specified in Clause 1 of this Article, the port Authorities or landing stage management Unit shall check the reality ship. If the ship guarantees the safety conditions, the port Authorities or landing stage management Unit shall issue the port or landing stage leaving Permit to the ship or make a written record and handle this case as stipulated by law in case of no guarantee of prescribed safety conditions.

Chapter III

PASSENGER, LUGGAGE AND CONSIGNMENT TRANSPORT BY SHIP UNDER NON-BUSINESS ALONG FIXED ROUTE UNDER TRAMP CONTRACT AND TRANSPORT WITHOUT BUSINESS

Article 10. Procedures for approval of passenger, luggage and consignment transport by ship under tramp contract

1. Organizations or individuals shall submit a set of dossier for approval of passenger, luggage and consignment transport by ship under tramp contract directly or send by post or in other appropriate forms to the Department of Transport (in case the ship leaves the port or landing stage which is under the management of Department of Transport) or the port Authorities (in case the ship leaves the port or landing stage which is under the management of port Authorities). The dossier includes:

a) Operation registration of passenger, luggage and consignment transport by ship under tramp contract under the form specified in Appendix III issued with this Circular;

Certified copy (or copy with the original for comparison) of the following papers: Certificate of enterprise registration or Certificate of business registration or Certificate of business household registration in the field of waterway passenger transport; Certificate of ship registration; Certificate of technical safety and environmental protection of ship.

Registration of service quality under the form specified in Appendix II issued with this Circular;

Ship operation procedure of organizations or individuals with the main contents such as: Number of ship operated, time of operation, maintenance, repair, dry docking, number of operating crew, procedures for dealing with incidents while operating.

Agreement of authorities of the country where the ship operates upon consent of receipt.

b) Document or contract with organizations or individuals who are operating port or landing stage and permit the ship to land for passenger embarking and disembarking.

c) Certified copy (or copy with the original for comparison) of the following papers: Certificate of investment or Certificate of enterprise registration or Certificate of business registration or Certificate of business household registration; Certificate of ship registration; Certificate of technical safety and environmental protection of ship; Transport contract with the following main contents: Name of ship, itinerary, name of port or landing stage for passenger embarking and disembarking, number of passengers, time and number of trips under contract.

2. The Department of Transport or the port Authorities shall receive, verify and handle the dossier as follows:

a) In case the dosier is submitted directly and completely, issue receipt for result appointment at prescribed time or return it and provide instructions for completion in case of incompletion.

b) In case the dosier is submitted by post or in other appropriate forms but incompletely as prescribed, within 02 (two) working days after receipt of dossier, the Department of Transport or the port Authorities shall require the organizations or individuals in wrting to complete their dossier.

c) Within 02 (two) working days after fully receiving the prescribed dossier, the Department of Transport or the port Authorities shall ask for the written opinions from the relevant Department of Transport or the port Authorities (where the port or landing stage receiving ship or in case the ship navigates the relevant maritime waters and relevant local inland waterway) and the opinions from the Vietnam Inland Waterways Administration (in case of navigation on the national inland waterway route). Within 02 (two) working days after receiving the written opinion, the Vietnam Inland Waterways Administration, the port Authorities or the Department of Transport shall reply in writing.

d) Within 03 (three) working days after the expiration of time limit for getting opinions from the relevant organs, the port Authorities or the Department of Transport shall permit in writing the organizations or individuals to carry out the passenger, luggage and consignment transport by ship under tramp contract or reply in writing in case of disapproval.

Article 11. Procedures for approval of passenger, luggage and consignment transport by ship without business purpose.

1. Organizations or individuals shall submit a set of dossier for approval of passenger, luggage and consignment transport by ship without business purpose  directly or send by post or in other appropriate forms to the Department of Transport (in case the ship leaves the port or landing stage which is under the management of Department of Transport) or the port Authorities (in case the ship leaves the port or landing stage which is under the management of port Authorities). The dossier includes:

a) Operation registration of passenger, luggage and consignment transport by ship without business purpose under the form specified in Appendix III issued with this Circular;

b) Document or contract with organizations or individuals who are operating port or landing stage and permit the ship to land for passenger embarking and disembarking.

c) Certified copy (or copy with the original for comparison) of the following papers: Certificate of ship registration; Certificate of technical safety and environmental protection of ship; Crew’s professional diploma or certificate.

d) Specific ship operation plan in case the ship itinerary to the area without port or landing stage.

2. The Department of Transport or the port Authorities shall receive, verify and handle the dossier as follows:

a) In case the dosier is submitted directly and completely, issue receipt for result appointment at prescribed time or return it and provide instructions for completion in case of incompletion.

b) In case the dosier is submitted by post or in other appropriate forms but incompletely as prescribed, within 02 (two) working days after receipt of dossier, the Department of Transport or the port Authorities shall require the organizations or individuals in wrting to complete their dossier.

c) Within 02 (two) working days after fully receiving the prescribed dossier, the Department of Transport or the port Authorities shall ask for the written opinions from the relevant Department of Transport or the port Authorities (where the port or landing stage receiving ship or in case the ship navigates the relevant maritime waters and relevant local inland waterway) and the opinions from the Vietnam Inland Waterways Administration (in case of navigation on the national inland waterway route). Within 02 (two) working days after receiving the written opinion, the Vietnam Inland Waterways Administration, the port Authorities or the Department of Transport shall reply in writing.

d) Within 03 (three) working days after the expiration of time limit for getting opinions from the relevant organs, the Department of Transport or the port Authorities shall permit in writing the organizations or individuals to carry out the passenger, luggage and consignment transport by ship without business purposes or reply in writing in case of disapproval.

Article 12. Procedures for port or landing stage entry and leaving for passenger, luggage and consignment transport by ship under tramp contract

The procedures for port or landing stage entry and leaving for passenger, luggage and consignment transport by ship under tramp contract shall comply with the provisions in Article 8 of this Circular.

Article 13. Procedures for port or landing stage entry and leaving for passenger, luggage and consignment transport by ship without business purpose

1. The procedures for port or landing stage entry and leaving for passenger, luggage and consignment transport by ship without business purpose shall comply with the provisions in Article 8 of this Circular.

2. The relevant issuing permit to the ship for port or landing stage leaving must monitor the itinerary from such port or landing stage to the final port or landing stage; coordinate with relevant organs and units to handle incidents or accident, if any, of ship on its itinerary.

Chapter IV

TECHNICAL AND EQUIPMENT REQUIREMENTS

Article 14. technical and safety equipment requirements

In addition to the technical and equipment requirements based on the national technical Regulation on Classification and Building of High-speed craft (QCVN 54:2013/BGTVT), National Technical Regulation on Inland waterway ship Classification and Building (QCVN 72:2013/BGTVT), National technical Regulation on Pollution Prevention of inland waterway ship (QCVN 17:2011/BGTVT), National Technical Regulation on Marine Pollution Prevention Systems of Ship (QCVN 26:2014/BGTVT); ships navigate on maritime channels and coastal inland waterway transport route and across borders must be equipped with the Automatic Identification System (AIS) at least at level B.

Article 15. AIS equipment on ship

1. The AIS equipment on ship must meet the requirements of Standard IEC 61162-1, IEC 662287-1 and IEC 60945 which have been announced by the International Electrotechnical Commission (IEC).

2. The persons carrying on transportation business by ship must install and maintain the technical conditions of AIS equipment which is connected with the control system of the area port Authorities and such connection must be confirmed by the area port Authorities.

Chapter V

ACCIDENT INVESTIGATION AND HANDLING

Article 16. Handling accidents in waters of port, landing stage and inland waterway

The relevant organizations and individuals are responsible for handling of accidents that occur in the waters of port, landing stage and inland waterway as stipulated in Clause 22, Article 1 of the Law on amending and supplementing a number of articles of the Law on Inland Waterway Navigation dated 17 June 2014 and the regulations of the Minister of Transport on managing the activities of inland ports and landing stages. In case of incidents or accidents of ship without recovery capability, the Regional Maritime Search and Rescue Coordination Centre must be informed for organization of rescue and salvage.

Article 17. Handling accidents in the waters of port and maritime channels

The relevant organizations and individuals are responsible for handling of accidents that occur in the waters of port and maritime channels as stipulated in Circular No. 27/2012/TT-BGTVT dated 20 July 2012 of the Minister of Transport providing for report and investigation of maritime accidents. . In case of incidents or accidents of ship without recovery capability, the Regional Maritime Search and Rescue Coordination Centre must be informed for organization of rescue and salvage.

Article 18. Suspending ship’s operation

The relevant Department of Transport and the port Authorities shall suspend the activities of ships which have encountered incidents or accidents which affect the technical safety of ship and only permit the resumed operation when there are opinions from the relevant registry organs about the ship’s meeting the technical safety conditions for operation.

Chapter VI

RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS

Article 19. Responsibility of organizations and individuals carrying on transportation business

1. Constantly monitor and supervise the itinerary of ships during their operation time.

2. Promptly handling the problems arising during the ships’ operation.

Article 20. Responsibility of Departments of Transport

1. Coordinate with relevant organs and unit to discuss the time of department.

2. Direct the inland port Authorities under the Department of Transport to:

a) Provide instructions for enterprises to go through the procedures during operation of their ships;

b) Remind, inspect, make written records and handle as prescribed the acts of causing unsafety and environmental pollution during operation of ships.

Article 21. Responsibility of Vietnam Registry

1. Provides instructions for the Registry Sub-Department under the management of Vietnam Registry and the registry units under the management of Department of Transport to reply in writing about the irregular inspection result after inspection upon irregular inspection requirements of the competent state authorities.

2. Makes periodic or irregular report to the Ministry of Transport on the issues related to ships under their assigned responsibility.

3. Performs periodical or irregular inspection of technical conditions, security and environmental protection of the ships and handles violation cases in case of necessity.

Article 22. Responsibility of Vietnam Maritime Administration

1. Directs the relevant port Authorities to:

a) Provide instructions for enterprises to go through the procedures during operation of their ships;

b) Regularly monitors the ships’ activities through AIS system;

c) Reminds, inspects, makes written records and handles as prescribed the acts of causing unsafety and environmental pollution during operation of ships.

2. Directs the Regional Maritime Search and Rescue Coordination Centre to:

a) Organize coordinated search and rescue exercises;

b) Provide the training and retraining of professional skills of search and rescur for relevant organizations and individuals;

Article 23. Responsibility of Vietnam Inland Waterways Administration

1. Provide instructions for enterprises to go through the procedures during operation of their ships;

2. Reminds, inspects, makes written records and handles as prescribed the acts of causing unsafety and environmental pollution during operation of ships.

Chapter VII

IMPLEMENTATION

Article  24. Effect

1. This Circular takes effect from 01 January 2015.

2. Annulling Circular No. 14/2012/TT-BGTVT dated 27 April 2012 of the Minister of Transport providing for passenger, luggage and consignment transport by passenger high speed craft along fixed route between ports, landing stages and waters of Vietnam internal waters and Circular No. 44/2013/TT-BGTVT dated 15 November 2013 amending and supplementing some articles of Circular No. 14/2012/TT-BGTVT dated 27 April 2012 of the Minister of Transport providing for passenger, luggage and consignment transport by passenger high speed craft along fixed route between ports, landing stages and waters of Vietnam internal waters.

Article 25. Responsibility for implementation

The Chief of Office, Chief Inspector of the Ministry of Transport, Directors General, Directors of Vietnam Maritime Administration, Director of Vietnam Registry, Director of Vietnam Inland Waterways Administration, Director of Departments of Transport, Heads of relevant organs, organizations and individuals are liable to execute this Circular./.