Nghị định 70/2016/ND-CP

Decree No. 70/2016/ND-CP dated July 01, 2016, conditions for provision of maritime safety services

Nội dung toàn văn Decree 70/2016/ND-CP conditions for provision of maritime safety services


GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 70/2016/ND-CP

Hanoi, July 01, 2016

 

DECREE

CONDITIONS FOR PROVISION OF MARITIME SAFETY SERVICES

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Law on Enterprises dated November 26, 2014;

At the request of Minister of Transport;

The Government promulgates a Decree to provide for conditions for provision of maritime safety services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for conditions for provision of maritime safety services, consisting of:

a) Installation, operation and maintenance of aids to navigation, navigational channels and sea lanes;

b) Notices to mariners;

c) Survey activities in service of Notices to mariners;

d) Regulation of maritime safety assurance;

dd) Survey, preparation and issuance of nautical charts of seaport waters, navigational channels and sea lanes; formation and issuance of maritime safety publications and documents;

e) Electronic maritime information;

g) Maritime pilotage service;

h) Removal of obstructions to navigation;

i) Import of marine flares.

2. Other maritime safety services which are not prescribed in Clause 1 of this Article shall be governed by prevailing laws.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign organizations and individuals that get involved in maritime safety services in Vietnam.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Area where maritime pilotage is compulsory (hereinafter referred to as compulsory pilotage area) refers to a restricted area within a seaport waters area or an offshore oilfield, stretching from the area where a pilot boards or leaves a vessel to a wharf, harbor, anchoring area, transshipment area, storm shelter, shipbuilding and repairing plant or offshore petroleum depot and vice versa, where vessels must be steered by pilots in accordance with the Vietnam Maritime Code. A compulsory pilotage area includes one or several vessel navigation routes.

2. Vessel navigation route refers to the itinerary route of a vessel steered by a pilot from a pilot-receiving area to a wharf, harbor, anchoring area, transshipment area, storm shelter or shipbuilding and repairing plant of a seaport or an offshore oil depot within a compulsory pilotage area.

3. Electronic maritime information services include the construction, management and operation of maritime telecommunications network, and the provision of coastal information service and other communication and electronics services for the purpose of maintaining information regarding search and rescue activities, prevention of disasters, maritime safety and security, and protection of maritime environment.

4. Notice to mariners is a document providing information and instructions to seafarers and relevant entities for the purposes of ensuring the maritime safety and security, and preventing environmental pollution.

5. Marine flares are used in maritime safety, search and rescue activities, including handheld flares/torches and buoyant smoke signals which satisfy law regulations and relevant international treaties to which Vietnam is a signatory.

Article 4. Rules for provision of maritime safety services

1. Maritime safety service providers in Vietnam are allowed to carry out their operations only when they ensure the compliance with regulations in this Decree and other relevant law regulations.

2. Maritime safety services must be provided in conformity with law regulations, international treaties to which Vietnam is a signatory and actual condition of maritime operations in relevant regions.

Chapter II

CONDITIONS FOR PROVISION OF MARITIME SAFETY SERVICES

Section 1. CONDITIONS FOR PROVISION OF INSTALLATION, OPERATION AND MAINTENANCE SERVICES OF AIDS TO NAVIGATION, NAVIGATIONAL CHANNELS AND SEA LANES

Article 5. Conditions for provision of installation, operation and maintenance services of aids to navigation, waters, public navigational channels and sea lanes

A provider of installation, operation and maintenance services of aids to navigation, waters, public navigational channels and sea lanes must satisfy all of the following conditions:

1. Must be an enterprise of which 100% charter capital is held by the State, and must be established and have its organizational and operational charter approved by Minister of Transport.

2. Have a specialized division in charge of installation, operation and maintenance of aids to navigation, waters, public navigational channels and sea lanes. The head of this division must possess a bachelor's degree or higher in maritime assurance or irrigational works and have at least 05 years of experience in maritime safety assurance.

3. Facilities requirements:

a) 01 wharf and 01 workshop for manufacturing and maintaining aids to navigation with appropriate equipment as regulated by Minister of Transport;

b) 01 specialized ship with appropriate features as regulated by Minister of Transport for the purpose of serving the installation, operation, maintenance, repair and supervision of consecutive operation of maritime signaling systems;

c) 01 navigational channel-managing station that meets requirements on management of operations on 01 public navigational channel route.

Article 6. Conditions for provision of installation, operation and maintenance services of aids to navigation, waters, and dedicated navigational channels

A provider of installation, operation and maintenance services of aids to navigation, waters and public navigational channels must satisfy all of the following conditions:

1. Must be an enterprise established under the law.

2. At least VND 20 billion is required when the enterprise is established and must be maintained during its operation.

3. Have a specialized division in charge of installation, operation and maintenance of aids to navigation, waters, and dedicated navigational channels. The head of this division must possess a bachelor's degree or higher in maritime assurance or irrigational works and have at least 05 years of experience in maritime safety assurance.

4. Facilities requirements:

a) 01 wharf and 01 workshop for manufacturing and maintaining aids to navigation, equipped with appropriate equipment as regulated by Minister of Transport;

b) 01 specialized ship which is owned or chartered with appropriate features as regulated by Minister of Transport for the purpose of serving the installation, operation, maintenance, repair and supervision of consecutive operation of maritime signaling systems;

c) 01 navigational channel-managing station that meets requirements for management of operations on 01 dedicated navigational channel route.

Section 2. CONDITIONS FOR PROVISION OF SURVEY SERVICE TO SERVE THE ANNOUNCEMENT OF NOTICES TO MARINERS

Article 7. Conditions for provision of survey service of waters, public navigational channels and sea lanes to serve the announcement of Notice to mariners

An enterprise providing survey service of waters, public navigational channels and sea lanes to serve the announcement of Notice to mariners must satisfy the following conditions:

1. Must be an enterprise of which 100% charter capital is held by the State; must be established and have its organizational and operational charter approved by Minister of Transport.

2. Have a specialized division in charge of carrying out survey service of waters, public navigational channels and sea lanes. The head of division in charge of carrying out survey service of waters, public navigational channels and sea lanes must possess a bachelor's degree or higher in maritime assurance or topography and have at least 05 years of experience in marine survey.

3. Have at least 01 specialized ship as regulated by Minister of Transport in order to serve survey activities.

4. Have sufficient measurement and survey equipment as regulated by Minister of Transport.

Article 8. Conditions for provision of survey service of waters and dedicated navigational channels to serve the announcement of Notice to mariners

An enterprise providing survey service of waters and dedicated navigational channels to serve the announcement of Notice to mariners must satisfy the following conditions:

1. Must be an enterprise established under the law.

2. At least VND 10 billion is required when the enterprise is established and maintained during its operation.

3. Have a specialized division in charge of carrying out survey service of waters and dedicated navigational channels. The head of division in charge of carrying out survey service of waters and dedicated navigational channels must possess a bachelor's degree or higher in maritime assurance or topography and have at least 05 years of experience in marine survey.

4. Have at least 01 specialized ship which is owned or chartered with appropriate features as regulated by Minister of Transport for the purpose of serving survey activities.

5. Have sufficient measurement and survey equipment as regulated by Minister of Transport.

Section 3. CONDITIONS FOR PROVISION OF NOTICES TO MARINERS SERVICE

Article 9. Notices to mariners

1. Notices to mariners consist of:

a) Notice to mariners relating to aids to navigation: installation of new aid(s) to navigation, changes in operating features, suspension or termination of operations of aid(s) to navigation;

b) Notice to mariners relating to technical specifications of navigational channels, waters in front of a wharf and other waters;

c) Notice to mariners relating to detected dangerous obstructions;

d) Notice to mariners relating to areas where a structure is built on the sea or a navigational channel;

dd) Notice to mariners relating to underwater works or works passing a navigational channel;

e) Notice to mariners relating to divergence of navigational channels, or restriction of traffic or operation suspension of navigational channels;

g) Notice to mariners relating to sea areas where maritime activities are restricted or prohibited;

h) Notice to mariners relating to retransmitted information and instructional information related to maritime activities;

i) Notice to mariners relating to the announcement of sea lanes and traffic divergence within territorial waters of Vietnam.

2. Notices to mariners service providers shall provide types of notices mentioned in Points a, b, c, d and dd Clause 1 of this Article.

3. Maritime administration authorities shall provide types of notices mentioned in Points e, g and h Clause 1 of this Article.

4. Vietnam Maritime Administration shall provide types of notices mentioned in Point i Clause 1 of this Article.

Article 10. Conditions to be satisfied by Notices to mariners service providers

A provider of Notices to Mariners service as referred to in Clause 2 Article 9 of this Decree must satisfy the following conditions:

1. Must be an enterprise of which 100% charter capital is held by the State, and must be established and have its organizational and operational charter approved by Minister of Transport.

2. The head of Notices to mariners division must possess a bachelor's degree or higher in maritime assurance or topography and have at least 05 years of experience in maritime field.

3. Personnel must be available 24/7 in order to handle information and announce Notices to mariners.

Section 4. CONDITIONS FOR PROVISION OF MARITIME SAFETY ASSURANCE REGULATORY SERVICES

Article 11. Conditions for provision of regulatory service for assuring maritime safety within waters and public navigational channels

A provider of regulatory service for assuring maritime safety within waters and public navigational channels must satisfy the following conditions:

1. Must be an enterprise of which 100% charter capital is held by the State, and must be established and have its organizational and operational charter approved by Minister of Transport.

2. Have a specialized division to regulate the maritime safety assurance. The head of division providing regulatory service for assuring maritime safety must possess a bachelor's degree or higher in maritime assurance or vessel operation and have at least 05 years of experience in regulation of maritime safety assurance.

3. Have at least 01 specialized regulatory station with appropriate personnel to meet regulatory requirements for one work and have at least 02 canoes with appropriate features as regulated by Minister of Transport in order to serve the regulation of maritime safety assurance.

Article 12. Conditions for provision of regulatory service for assuring maritime safety within waters and dedicated navigational channels

A provider of regulatory service for assuring maritime safety within waters and dedicated navigational channels must satisfy the following conditions:

1. Must be an enterprise established under the law.

2. At least VND 20 billion is required when the enterprise is established and maintained during its operation.

3. Have a specialized division to regulate the maritime safety assurance. The head of division providing regulatory service for assuring maritime safety must possess a bachelor's degree or higher in maritime assurance or vessel operation and have at least 05 years of experience in regulation of maritime safety assurance.

4. Have at least 01 specialized regulatory station with appropriate personnel to meet regulatory requirements for one work and have at least 02 canoes owned or chartered with appropriate features as regulated by Minister of Transport in order to serve the regulation of maritime safety assurance.

Section 5. SURVEY, PREPARATION AND ISSUANCE OF NAUTICAL CHARTS OF SEAPORT WATERS, NAVIGATIONAL CHANNELS AND SEA LANES; FORMATION AND ISSUANCE OF MARITIME SAFETY PUBLICATIONS AND DOCUMENTS

Article 13. Organization and capital conditions

An enterprise providing survey, preparation and issuance services of nautical charts of seaport waters, navigational channels and sea lanes; formation and issuance services of maritime safety publications and documents must meet the following organization and capital conditions:

1. Must be an enterprise established under the law, of which 100% charter capital is held by the State, and must be established and have its organizational and operational charter approved by Minister of Transport.

2. Have obtained a license to carry out measurement and topographic activities as regulated.

Article 14. Personnel and facility conditions

An enterprise providing survey, preparation and issuance services of nautical charts of seaport waters, navigational channels and sea lanes; formation and issuance services of maritime safety publications and documents must meet the following personnel and facility conditions:

1. Have divisions in charge of running survey, preparation and issuance services of nautical charts of seaport waters, navigational channels and sea lanes; formation and issuance services of maritime safety publications and documents.

2. The person in charge of each sector must possess a bachelor's degree or higher in maritime assurance or topography and have at least 05 years of experience in marine survey.

3. Have at least 01 specialized survey vessel in conformity with regulations adopted by Minister of Transport.

4. Have sufficient measurement and topographic equipment as regulated by Minister of Transport.

Section 6. CONDITIONS FOR PROVISION OF ELECTRONIC MARITIME INFORMATION SERVICE

Article 15. Organization and capital conditions

An electronic maritime information service provider must meet the following organization and capital conditions:

1. Must be an enterprise established under the law, of which 100% charter capital is held by the State, and must be established and have its organizational and operational charter approved by Minister of Transport.

2. Have obtained a license to build up telecommunications network in order to provide relevant services as regulated.

Article 16. Personnel and facility conditions

A electronic maritime information service provider must meet the following personnel and facility conditions:

1. Have a specialized division in charge of providing electronic maritime information service. The head of division in charge of providing electronic maritime information service must possess a bachelor's degree or higher in maritime information or telecommunication – electronics engineering and have at least 05 years of experience in electronic maritime information.

2. Have qualified personnel for ensuring the 24/7 (24 hours a day, 7 days a week) provision of electronic maritime information in conformity with regulations of Vietnam’s law and international treaties to which Vietnam is a signatory.

3. Take charge of managing national electronic maritime information infrastructures, including Vietnam’s GMDSS Coast Radio Stations, Inmarsat Land Earth Stations (LES), Vietnam Local User Terminal/ Mission Control Center (VNLUT/MCC) and Long Range Identification and Tracking (VN LRIT).

Section 7. CONDITIONS FOR PROVISION OF MARITIME PILOTAGE SERVICE

Article 17. Organization and capital conditions

An enterprise providing maritime pilotage service must be established under the law and have 75% charter capital held by the State.

Article 18. Personnel and facility conditions

An enterprise providing maritime pilotage service must meet the following personnel and facility conditions:

1. Have a specialized division to provide maritime pilotage service. The head of this division must be an expert pilot and possess a bachelor's degree or higher.

2. Have compulsory pilotage area and vessel navigation route assigned by Vietnam Maritime Administration. Each enterprise may only provide maritime pilotage service to the only vessel navigation route.

3. Have sufficient number of pilots of various classes who must have operational area certificates granted in conformity with the assigned vessel navigation route, and have sufficient means for taking and returning pilots on the assigned vessel navigation route as regulated by Minister of Transport.

Article 19. Procedures for vessel navigation route assignment

1. Application dossiers for vessel navigation route assignment consist of:

a) The written request, using Form 01 1 stated in the Annex herein;

b) The list of pilots, enclosed with the copies of certificate of qualification and operational area certificate of each pilot;

c) Declaration about means for taking pilots on board and returning them to land, enclosed with the copies of registration certificates of those means of transport.

2. Procedures for vessel navigation route assignment:

a) A maritime pilotage company shall, by hand or by post or under other form, submit the application dossiers prescribed in Clause 1 of Article to Vietnam Maritime Administration;

b) If the application is directly submitted, Vietnam Maritime Administration shall receive the complete and valid application with a receipt note granted and give the applicant an appointment to return application processing result within a regulated period; the incomplete application shall be immediately returned to the applicant with specific instructions for completing such application;

c) If the application is submitted by post or under other form, Vietnam Maritime Administration shall give a written request for application modification to the applicant within 02 working days from the receipt of such incomplete application;

d) Within 05 working days from the receipt of a valid and complete application, Vietnam Maritime Administration shall appraise such application and ask for approval from Ministry of Transport. Ministry of Transport shall give a written response within 03 working days from the receipt of the written request for approval from Vietnam Maritime Administration. If the application for vessel navigation route assignment is rejected, Ministry of Transport shall specify its reasons in writing in order that Vietnam Maritime Administration can reply to the applicant;

dd) Within 03 working days from the receipt of a written approval from Ministry of Transport, Vietnam Maritime Administration shall assign vessel navigation route to the applicant which is the maritime pilotage company.

Section 8. CONDITIONS FOR PROVISION OF OBSTRUCTION REMOVAL SERVICE

Article 20. Organization and capital conditions

1. An enterprise providing obstruction removal service must be established under the law.

2. At least VND 05 billion is required at the enterprise’s establishment time and maintained during its operation.

Article 21. Facility conditions

Facilities and equipment must be available in service of removal of obstructions to navigation and prevention of environmental pollution.

Section 9. CONDITIONS TO BE SATISFIED BY IMPORTERS OF MARINE FLARES

Article 22. Conditions to be satisfied by importers of marine flares

An entity in demand of importing marine flares must meet all of the following conditions:

1. Must be an enterprise established under the law.

2. At least VND 02 billion is required at the enterprise’s establishment time and must be maintained during its operation.

3. Have a certificate issued by a competent authority of the manufacturing country to certify that imported flares have been tested in conformity with regulations of the International Maritime Organization.

4. Have obtained a license to import marine flares.

5. Perform all requirements on fire fighting and prevention in accordance with prevailing laws.

Article 23. Procedures for issuance of license to import marine flares

1. The application for issuance of a license to import marine flares consists of the following documents:

a) The application form for a license to import marine flares, including types of flares, quantity, manufacturing country, product specifications/ characteristics, and uses, code and expiry date of each type, and import period;

b) Certified translation of certificate of origin issued by a competent authority of the manufacturing country to certify that imported flares have been tested in conformity with regulations of the International Maritime Organization;

c) The report made by the applicant on the licensed import of marine flares in the previous year and the import monitoring sheet given by Customs Sub-department at the checkpoint (if any).

2. Licensing procedures:

a) The entity in demand of importing marine flares shall, by hand or by post or under other form, submit the application dossiers as prescribed in Clause 1 of Article to Ministry of Transport;

b) If the application is directly submitted, the complete and valid application shall be received with a receipt note granted and the applicant shall be given an appointment to receive the application processing result within a regulated period; the incomplete application shall be immediately returned to the applicant with specific instructions given for completing such application;

c) If the application is submitted by post or under other form, Ministry of Transport shall give a written request for application modification to the applicant within 02 working days from the receipt of an incomplete application;

d) Within 02 working days from the receipt of a valid and complete application, Ministry of Transport shall send written request to ask for opinions of Ministry of National Defence and Ministry of Public Security;

dd) Ministry of National Defence and Ministry of Public Security must give written response within 05 working days from the receipt of written request for opinions sent by Ministry of Transport. Over the said time-limit, if Ministry of National Defence and Ministry of Public Security do not give written response, it is considered that they have approved of contents specified in the written request for opinions sent by Ministry of Transport;

e) Within 05 working days from the receipt of written opinions given by Ministry of National Defence and Ministry of Public Security, Ministry of Transport shall issue license to import marine flares according to Form No. 02 stated in the Annex herein; if the application is rejected, Ministry of Transport shall specify reasons in writing.

3. Ministry of Transport shall not grant license to import marine flares whose expiry date is past or those with unclear origin.

Chapter III

IMPLEMENTATION

Article 24. Effect

1. This Decree takes effect as of July 01, 2017 but regulations on conditions for import of marine flares shall take effect as of July 01, 2016.

2. The following decrees and regulations are abrogated:

a) The Government’s Decree No. 173/2007/ND-CP dated November 28, 2007 providing for maritime pilotage organization and operation;

b) The Government’s Decree No. 49/2011/ND-CP dated June 21, 2011 on amendments to certain articles of the Government’s Decree No. 173/2007/ND-CP dated November 28, 2007 providing for maritime pilotage organization and operation;

c) Ministry of Transport’s regulations on licensing procedures stated in Section II (List of goods imported/ exported under license and subject to the specialized management by Ministry of Transport) of Annex II (List of goods imported/ exported under license and subject to the specialized management) enclosed to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law with regard of international trade in goods and agencies' sale, purchase, processing and in transit of goods for foreign principals.

Article 25. Transitional clause

Enterprises running maritime safety services before the effective date of this Decree may keep their operations alive but they must satisfy all conditions prescribed in this Decree within 02 years from the date on which this Decree comes into force.

Article 26. Implementation

1. Minister of Transport shall be responsible for promulgating regulations, national technical regulations, economic – technical norms in service of provision of maritime safety services; providing guidelines, and presiding over and/or coordinating with relevant ministries/regulatory bodies and people's committees of central-affiliated cities or provinces to implement this Decree.

2. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of people's committees of central-affiliated cities or provinces shall be responsible for implementing this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc

 


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