Quyết định 28/2004/QD-BGTVT

DECISION

OF THE MISNISTER OF TRANSPORT NO. 28/2004/QD-BGTVTN DATED DECEMBER 07TH 2004 ON REGULATING RESPONSIBILITIES OF CREWMEMBERS AND MINIMUM MANNING SCALE FOR WATERCRAFTS FOR INLAND WATERWAYS

THE MINISTER OF TRANSPORT

Pursuant to the Law on Inland Waterway Navigation dated June 15th, 2004;

Pursuant to the Decree no. 86/2002/ND-CP dated December 05th 2002 of the Government on defining the functions, tasks, entitlements and organizational structure of the Ministries and ministerial-level agencies;

Pursuant to the Decree no. 34/2003/ND-CP dated April 04th 2003 of the Government on defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of the Head of the Organization and Personnel Department and the Director of the Vietnam Inland Waterway Administration,

DECISION

Article 1. “Regulations on responsibilities of crewmembers, operators and minimum manning scale for watercrafts for inland waterways” is enclosed with this Decision.

Article 2. This Decision shall take effect after 15 days from the day on which it is published on an official gazette and replace the following legislative documents: the Decision no. 1941-QD dated August 12th 1971 of the Minister of Transport on temporary definition of responsibilities of crewmembers on watercrafts for inland waterways; the Decision no. 2597/2000/QD-BGTVT dated September 06^th 2000 of the Minister of Transport on minimum manning scale for a shift of the crewmembers of a watercraft for inland waterways.

Article 3. The Director of the Vietnam Inland Waterway Administration is responsible for monitoring and inspecting the implementation of this Decision.

Article 4. The Chief officers, the Chief Inspector of the Ministries, the Heads, the Director of the Vietnam Inland Waterway Administration, the Directors of the Services of Transport (Transport and Public works), the chiefs of the relevant organizations and the relevant individuals are responsible for implementing this Decision.

REGULATIONS

ON RESPONSIBILITIES OF CREWMEMBERS AND MINIMUM MANNING SCALE FOR WATERCRAFTS FOR INLAND WATERWAYS
(Enclosed herewith the Decision no 28/2004/QD-BGTVT dated December 07th 2004 of the Minister of Transport)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. These Regulations define the responsibilities of crewmembers and minimum manning scale for positions for a shift on watercrafts for inland waterways (hereinafter referred to as watercrafts).

2. These regulations are applied to:

a) Captains, first officers, second officers, sailors, chief engineers, first engineers, second engineers, mechanics and operators on watercrafts;

b) The owners of watercrafts.

3. These regulations are not applied to crewmembers on watercrafts which are for the purposes of national defense & security and fishery.

Article 2. Obligations of crewmembers, operators on watercrafts

1. Comply with the Law of Vietnam, the International Agreements to which Vietnam is a signatory; Register and comply with the Law of another country when Vietnamese watercrafts enter such country.

2. Maintain the labor discipline, fulfill obligations of each position, comply with the command of the captain and the direct commander, follow procedures for changing shift and daily record.

3. Leave the watercraft only when permitted by the captain or the person in charge or the owner.

Article 3. Responsibilities of owners

1. Every owner must compile a list of crewmembers working on his/her watercrafts in the template prescribed in the enclosed Appendix;

2. The owner must deploy sufficiently and properly the positions for the watercrafts depending on the number of shifts per day, according to this Decision;

3. Apart from the positions for the minimum manning scale prescribed in Article 16 of this Decision, if necessary, the owner may deploy more men and other positions i.e. nurse, telegrapher, diver, digger operator, balancer operator, service staff, etc.

4. The owner must define responsibilities of other positions on the watercrafts, which is not mentioned in the minimum manning scale in this Decision.

5. The owner must ensure the labor safety and hygiene for the crewmember and other positions on the watercrafts.

Chapter 2:

RESPONSIBILITIES OF POSITIONS ON WATERCRAFTS

Article 4. Captains

The captain is the supreme commander on a watercraft or a group of watercrafts, who has the following tasks and powers:

1. Manage and ensure safety for men, equipment and properties on the watercraft;

2. Manage the itinerary, crewmember list, passenger list (if any) and other necessary documents of the watercraft; manage recording work and regularly inspect the recording works according to the regulations;

3. Take & deliver goods and serve passengers in accordance with the dispatch instructions or transporting contracts and current provisions;

4. Allocate, supervise and encourage the crewmembers;

5. Provide refresher courses for the crewmembers and apprentice crewmembers;

6. Monitor the conditions of waterways, meteorology and hydrography, control the watercraft in accordance with the navigation chart regarding to the routes required navigation charts; only take and drop passengers, load and unload the goods at the prescribed places except the cases of accidents of force majeure events;

7. Grasp technical conditions, operation time and maintenance frequency of the watercraft; follow a procedure for handing over the watercraft for repair when necessary, and appoint crewmembers to supervise the repair;

8. Take all the effective emergency measures when an accident happens; if the watercraft sinks, the captain must be the last to leave the watercraft after taking all the emergency measures for saving human lives, properties, goods and important documents of the watercraft;

9. Go to rescue on receiving an emergency signal, if it is not dangerous for the crewmembers, passengers and the watercraft under command;

10. If there is any case of parturition, death or disease or accident, the captain must:

a) Give first aid to the patients having disease or injury, take the patients to a nearest medical facility if the cases are serious.

b) Take records for the cases of parturition or death with at least 02 witnesses. The records of the death cases must be enclosed with declarations of assets and documents of the dead. The captain must manage such records and assets and then hand over to the local government and relatives of the dead;

11. Directly transfer the duties to the first officer or an authorized person before leaving the watercraft; if the captain needs to be absent for one shift or more, the captain must transfer the duties with a transfer note; if the captain can no longer take on the duties, the captain must transfer the command to the first officer and immediately report the situation to the owner of the watercraft;

12. Make a report on the crewmembers, technical conditions of the watercraft and its equipment, properties and relevant documents when the owner of the watercraft requests to transfer the position of the captain. Each party and the owner of the watercraft shall keep one copy of the transfer note;

13. Before departing, assign duties to the crewmembers; check and hurry responsible crewmembers to prepare materials, fuels, victuals etc. for the journey; The watercraft shall only depart when the preparation is sufficient and ensures the safety;

14. Directly do the shift, directly steer the watercraft through the difficult areas; when the shift is over, at the request of the first officer or the chief engineer, the captain must be present at the commander position and handle works in a timely manner;

15. Perform the duties of the first officer if there is no first officer on the watercraft.

16. In his/her area of competence, the captain has the following powers:

a) Request to replace or reject any crewmember deemed unqualified;

b) Ban crewmembers from the watercraft if the crewmembers have acts against the captain’s command or the working regulations;

c) Refuse to let the watercraft depart if he/she sees the conditions of weather, hydrography, environment or the watercraft is not safe, or the life span is expired;

d) Request to reward the crewmembers having achievements or discipline the crewmembers having failed to fulfill duties

Article 5. First officers

The first officer is the assistant to the captain who has the following tasks and powers:

1. Take responsibility for the works on Deck, take care of the maintenance and repair of the hull above the waterline, the deck, the upper floors, goods compartments, anchorage system, steering system, communication system, life savers and fire protection equipment.     Regularly inspect such equipment in order to ensure the equipment is always in good condition and ready for use, report any detected problem to the captain;

2. Make plan for the journey, submit the plan for duty assignment to the captain for approval, regularly encourage, instruct and supervise the crewmembers in order for them to fulfill their duties and finish the journey as planned;

3. Complete the documents about the crewmembers and the watercraft, documents of passengers and cargo transport;

4. Cooperate with the chief engineer in allocating, expediting, instructing and supervising the preparation for departing. If there is any deficiency, it must be solved and reported to the captain;

5. Take charge of a shift. Directly steer the watercraft when appointed;

6. Take command of the watercraft when the captain is absent. Perform the duties of the second officer if there is no second officer in the organization of the watercraft. Take other duties assigned by the captain.

Article 6. Second officers

A second officer is the assistant to the captain who has the following tasks and powers:

1. Manage the receipt and dispense of equipment and tools of the crewmembers, manage the materials of the Deck department, make and send periodic reports to the captain in order for the captain to check and send to the owner of the watercraft;

2. Do the timekeeping, monitor leaves, make payroll for the crewmembers on the watercraft;

3. Directly give first aids, move patients having disease or injury,

4. Be responsible for ensuring the safety of the passenger services in accordance with the regulations on passenger ships;

5. Arrange board and lodging for the crewmembers. Directly inspect the preparation for journey and give reports to the captain before departing;

6. Handle the works in the scope of the first officer or other duties assigned by the captain;

7. Take charge of a shift. Directly steer the watercraft when appointed;

Article 7. Sailors

Sailors must comply with the command of the person in charge of a shift. The sailors have the following obligations:

1. Carry out necessary works for the watercraft to depart and land; check the safety for the bridges for the crewmembers and passengers;

2. Be present regularly at the assigned positions in order to be ready for every possible situation;

3. Check the depth of the route, keep watch for difficult locations or where the sight is limited in accordance with the command of the person in charge;

4. Preserve the goods, provide guidance for passengers in the scope of work;

5. Maintain the equipment for fire and life protection; master the use of the equipment;

6. Maintain regularly the hull above the water line as follows:

a) Clean the assigned areas;

b) Check and sort equipment, tools, lubricate the machinery parts when necessary;

c) Carry out regularly the maintenance and repair i.e. removing rust, painting the assigned area.

7. Directly steer the watercraft and perform other duties when assigned by the captain or a direct superior person.

Article 8. Chief engineers

A chief engineer is the assistant to the captain who directly manage the machinery and has the following tasks and powers:

1. Monitor and manage the technical conditions of the engine; allocate and supervise the mechanics during the operation;

2. Comply with the regulations on machinery operation; regularly carry out necessary maintenance and repair works in order to ensure the operation of the engine;

3. Notify necessary repairs to the captain in order for the captain to check and send it to the owner;

4. Check the propeller system when the engine is turned on; Add items that need repair if necessary; check and assess properly the technical condition of the repaired items and record in the inspection records; Reject the items which are improperly repaired;

5. Regularly carry out inspection and submit reports on the receipt and consumption of material, fuel and spare parts to the captain. Directly manage the fuel system and take all necessary measures on detecting any fuel vapour in the engine room;

6. Take charge of machinery for a shift. Be present in the engine room to handle works at the request of the captain or the first engineer even if the shift is over;

7.  Report on the situation to the person in charge or the captain when seeing that the execution of the order of the direct commander in the engine room may break a machinery part. If the order is upheld, the chief engineer must execute it and record the case in the daily machinery record with signature of the person giving the order;

8. Suspend the operation of a part or the whole engine system when seeing that the operation is unsafe; Stop the engine immediately on seeing that the operation shall cause serious damage or accidents and report the case to the person in charge or the captain;

9. Manage the documents, technical materials of the machinery department and the daily machinery record;

10. Provide refresher courses for the crewmembers and apprentice crewmembers of the machinery department;

11. Perform the duties of the assistant engineers if there is no assistant engineers on the watercraft.

12. Make a transfer note of the technical conditions, equipment, properties relevant documents when transfer the position of chief engineer. The transfer note must be confirmed by the captain. Each party and the owner of the watercraft shall keep one copy of the transfer note;

Article 9. First engineers

A first engineer is the assistant to the chief engineer, who has the following tasks and powers:

1. Ensure the normal operation of auxiliary engines (if any), propeller system and mechanic parts of the steering system;

2. Manage the factory of the watercraft (if any) and the material & spare part stores; directly manage the receipt, dispense and consumption of materials, fuel, spare parts and equipment; regularly report the technical conditions of the engine, the use of materials, fuel, spare parts and equipment to the chief engineer in a timely manner according to the regulations;

3. Manage the equipment for fire and life protection in the engine room;

4. Make and submit assignment plan to the chief engineer for approval, directly assign duties and shift to the crewmembers of the machinery department;

5. Take charge of machinery for a shift.

6. Pump, move water and oil only when allowed by the captain;

7. Report the situation to the person in charge or the captain when seeing that the execution of the order of the direct commander in the engine room may break a machinery part. If the order is upheld, the chief engineer must execute it and record the case in the daily machinery record with signature of the person giving the order;

8. Suspend the operation of a part or the whole engine system when seeing that the operation is unsafe; Stop the engine immediately on seeing that the operation shall cause serious damage or accidents and report the case to the person in charge or the captain;

9. Supervise the adherence of personnel of the machinery department to the regulations on working and hygiene;

10. Perform the duties of the second engineer if there is no second engineer on the watercraft. Take other duties assigned by the chief engineer.

Article 10. Second engineers

A second engineer is the assistant to the chief engineer, who has the following tasks and powers:

1. Ensure the readiness of water pumps of the fire protection system, emergency system and other equipment, machinery;

2. Take charge of a shift.

3. Take care of the air compressor system, pipe systems of water, oil and steam/gas;

4. Periodically check the sensitiveness of safety valves then record the work in the daily machinery record with the signature of the chief engineer;

5. Pump, move water and oil only when allowed by the captain;

6.  Report the situation to the person in charge or the captain when seeing that the execution of the order of the direct commander in the engine room may break a machine part. If the order is upheld, the chief engineer must execute it and record the case in the daily machinery record with signature of the person giving the order;

7. Suspend the operation of a part or the whole engine system when seeing that the operation is unsafe; Stop the engine immediately on seeing that the operation shall cause serious damage or accidents and report the case to the person in charge or the captain;

8. Take other duties assigned by the chief engineer.

Article 11. Mechanics

Mechanics on a watercrafts shall be under the command of the chief engineer and the person in charge of machinery, who have the following tasks and powers:

1. Perform all the assigned duties; monitor the technical parameters and the operation of the machinery, report any abnormal occurrence to the person in charge

2. Regularly clean the machinery and the engine room; carry out the maintenance and repair at the request of the chief engineer;

3. Perform other duties assigned by the chief engineer or the person in charge of machinery.

Article 12. Operators

An operator is responsible for:

1. Manage the personnel, equipment, properties and other documents related to the watercraft;

2. Grasp the passages and safety conditions of the ports in the operation area of the watercraft;

3. Check the watercraft, safety equipment for people and the watercraft; Arrange people and goods in order to ensure the safety for the watercraft before departing;

4. Supervise and inspect the watercraft during and after its repair process;

5. Rescue people, equipment, goods when the watercraft meets an accident and be the last to leave the watercraft if it sinks;

6. Go to the rescue on receiving an emergency signal, if it is not dangerous for the crewmembers, passengers and the watercraft under command;

Article 13. Apprentice crewmembers

Apprentice crewmembers on a watercraft shall be under the command of the captain. Each apprentice crewmember must perform the duties of the assigned position and take the following responsibilities:

1. Comply with the general provisions applied to the crewmember of the watercraft;

2. Work and live in accordance with the assignments and instructions given by the captain, chief engineer or the person authorized by the captain or chief engineer;

3. Only use and operate machinery, equipment on the watercraft under the supervision of the direct instructors.

Chapter 3:

REGULATIONS ON MINIMUM MANNING SCALE FOR WATERCRAFTS

Article 14. Manning scales

1. The tables prescribed in Article 16 of this Decision are the minimum manning scales for positions for a shift on watercrafts with the detail of professional qualifications for operation watercrafts according to the Law on Inland Waterway Navigation (hereinafter referred to as manning scale table).

2. The owner of a watercraft must deploy sufficiently the positions and the required numbers thereof, or more than the numbers of crewmember prescribed in Article 16 of this Decision; In case the watercraft is operated more than one shift per day, the owner must deploy a suitable number of crewmembers in order to comply with the regulations on working time in the Labor Code.

Article 15. Classification of watercrafts for manning scales

1. Class I:

a) Passenger ships with capacity of 100 people and above,

b) Ferries with the gross weight of 150 tonnes and above,

b) Cargo vessels with the gross weight of 500 tonnes and above,

b) Groups of connected watercrafts with the gross weight of 1000 tonnes and above,

dd) Watercrafts other than the ones mentioned in Points a, b, c, d Clause 1 this Article and have the total capacity of over 400 HP (Horsepower)

2. Class II:

a) Passenger ships with capacity of 50 - 100 people,

b) Ferries with the gross weight of above 50 to 150 tonnes,

b) Cargo vessels with the gross weight of 150 - 500 tonnes,

b) Groups of connected watercraft with the gross weight of above 400 to 1000 tonnes,

dd) Watercrafts other than the ones mentioned in Points a, b, c, d Clause 2 this Article and have the total capacity of 150 - 400 HP

3. Class III:

a) Passenger ships with capacity of above 12 to 50 people,

b) Ferries with the gross weight of 50 tonnes and below,

b) Cargo vessels with the gross weight of above 15 to 150 tonnes,

b) Groups of watercrafts with the gross weight of 400 tonnes and below,

dd) Watercrafts other than the ones mentioned in Points a, b, c, d Clause 3 this Article and have the total capacity of above 15 to 150 HP (Horsepower)

Article 16. Manning scale tables

Passenger ships

The class III watercrafts which are installed inboard or outboard motors with total capacity of lower 30 HP shall not be obligated to deploy chief engineer.

2. Cargo vessels

The class III watercrafts which are installed outboard motors shall not be obligated to deploy chief engineer.

3. Ferries

4. b) Towboats

5. b) Pulled vessels

a) The number of sailors on a group of connected watercrafts, depending on the gross weight of each watercraft, shall be determined as follows:

b) the number of sailors on a group of connected watercrafts shall be the sum of the number summed from the numbers of sailors required on each pulled vessel prescribed in Point a Clause 5 this Article.

c) The number of sailors on groups of watercrafts connected at the sides or pushing each other with two or more pulled vessels shall be determined as follows: the first pulled vessels shall be deployed the number of men prescribed in Point a Clause 5 this Article; from the second pulled vessel onwards, one more sailors shall be added for every additional pulled vessel.

APPENDIX

(Enclosed with the Decision no 28/2004/QD-BGTVT dated December 07th 2004 of the Minister of Transport)

Crewmembers register

Specification:

1. Dimensions: 21 cm x 15 cm.

2. Page 1: cover

a) white hard paper

b) Content:

* REGISTER (capital, bold, font size 7mm);

* OF CREWMEMBERS (capital, bold, font size 9 mm);

3. Page 2:

a) Top: official name of the country

b) The national coat of arm

b) Content:

* REGISTER (capital, bold, font size 6mm);

* OF CREWMEMBERS (capital, bold, font size 6 mm);

4. Name of the watercraft, Register number & place, name and address of the owner (lowercase, font size 4 mm)

5. Page 3: Rules on Manning Register.

6. In the pages of 4 to 15, there are Tables for manning register with the following columns:

a) Full name, Date of birth

b) Place of birth;

c) ID Number, date & place of issue;

d) Position, number of professional qualifications and/or certificates;

dd) Monitoring the working time of the men on the watercraft with the following columns:

* Arrival date;

* Signature, stamp;

* Departure date;

* Signature, stamp;

e) Remarks

7. Page 16: Signature and stamp of the owner