Nghị định 170/2016/NĐ-CP về thông tin an ninh hàng hải

THE GOVERNMENT

DecreeNo. 170/2016/ND-CP dated December 27, 2016 of the Government regulating on announcement, receiving, processing and transmitting maritime security information

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

Pursuant to Vietnam Maritime Code dated November 25, 2015;

Pursuant to the International Ship and Port Facility Security Code issued together with the International Convention on safety of life at sea (amended and supplemented in 2002);

Upon request of the Minister of Transport;

The Government hereby issues this Decree stipulating the regulation on announcement, receiving, processing and transmitting maritime security information.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decree stipulates the regulation on announcement, receiving, processing and transmitting maritime security information.

Article 2. Subjects of application

This Decree applies to entities engaging in the management and utilization of the following ships,    mobile drilling rigs and port facilities:

1.Vietnamese ships in international waters and foreign ships in Vietnam’s waters and port water areas including passenger ships and cargo ships of 500GT or more (hereinafter referred to as “ship”).

2.Mobile drilling rigs operating in international waters.

3.Port facilities for docking of ships specified in clause 1 and mobile drilling rigs specified in clause 2 of this Article.

Article 3. Interpretation

1.Port facility herein consists of seaports, inland ports for docking of foreign ships, wharves, floating docks and floating warehouses for the operation of ships.

2.Maritime security incident is any action or potential threats negatively affecting to the security of a ship, mobile drilling rig or port facility.

3.Maritime security level is the risk level of a maritime security incident that shall happen to a ship, mobile drilling rig or port facility.

Chapter II

MARITIME SECURITY LEVELS

Article 5. Maritime security levels

There are 03 levels of maritime security:

1.Level 1 means the level for which minimum appropriate protective security measures must be maintained at all times of normal operation of a ship, mobile drilling rig or port facility.

2.Level 2 means the level for which appropriate additional protective security measures must be maintained for a period of time as a result of heightened risk of security incident.

3.Level 3 means the level for which further special protective security measures must be maintained for a limited period of time when a security incident is probable or imminent.

Article 5.Maintain and changes in maritime security levels

1.Level 1 shall be maintained at all the time of normal operation of Vietnamese ships, mobile drilling rigs and port facilities.

2.The maritime security levels may change from level 1, through level 2 to level 3; it is possible that the security level may change directly from level 1 to level 3, according to the reality.

3.The security level 3 shall apply only when there is credible information that a security incident is probable or imminent

4.Changes in maritime security levels shall be conformable to the announcement by competent organizations and shall be punctually notified to relevant entities as stipulated herein and other relevant regulations of laws.

Article 6. The authority to change and announce changes in maritime security levels

1.The Coast Guard Command shall announce the maritime security level or changes in security levels as stipulated in Article 4 and Article 5 hereof.

2.The Ministry of Public Security shall provide necessary information for the Coast Guard Command to make announcements of maritime security levels or changes in maritime security levels of port facilities.

Article 7. Receiving, processing and transmitting maritime security level information

Receiving, processing and transmitting information on maritime security levels shall be carried out as follows:

1.The Coast Guard Command shall notify the maritime security level and changes in maritime security levels to the Maritime Security Information Center (hereinafter referred to as “Center”).

2.After receiving information specified in clause 1 of this Article, the Center shall transmit such information to:

a) The Inland Port Authority and Port authority;

b) Shipowners’ security officers;

c) The competent authorities of relevant nations and the Consular Department – Ministry of Foreign Affairs.

In case the Center fails to contact with the competent authority of the nation whose flag is flown on the ship or mobile drilling rig, it shall be notified to relevant authorities of that nation via the Consular Department.

3.Processing of information transmitted by the Center:

a) Port authorities and inland waterway port authorities shall notify the security officers of ships, port facilities and mobile drilling rigs that expected to arrive or operate in the port facilities within the administration,  and notify to the Border guard of the port or police authority of the port;

b) Shipowner’s security officers shall notify the maritime security level to ship security officers within the management for appropriate application of maritime security level to ships and mobile drilling rigs.

4.The security plan approved by the competent authority shall be implemented and applied to ships, mobile drilling rigs and port facilities.

Chapter III

RECEIVING, PROCESSING AND TRANSMISITTING MARITIME SECURITY INFORMATION

Article 8. Maritime Security Information Centers

1.Maritime Security Information Center, which is a public service provider affiliated to Vietnam Maritime Administration and performs functions as a permanent agency of Vietnam shall be responsible for receiving, processing and transmitting maritime security information in accordance with provisions hereof, the International Ship and Port Facility Security Code (hereinafter referred to as “ISPS Code”) and other relevant regulations of laws.

2.The Center shall perform the following main duties:

a) Receive information on maritime security levels, changes in security levels and other maritime security information from the Coast Guard Command and Ministry of Public Security in order to transmit such information to ships, mobile drilling rigs, and port facilities, other relevant authorities of Vietnam and foreign competent authority upon request.

b) Receive maritime security information transmitted from ships, mobile drilling rigs, port facilities or foreign competent authorities, or other entities, and punctually notify the Coast Guard Command, Ministry of Public Security and other relevant authorities of Vietnam. Where the information is transmitted from a ship and mobile drilling rig flying a flag of a foreign country, the Center shall notify the competent authority of that country;

c) Receive maritime security information and take actions to prevent marine pollution due to the operation of ships;

d) Exchange Vietnam’s maritime security information with international maritime organizations;

dd) Rehearse for responses to maritime security incidents and practice transmitting maritime security information to domestic organizations and enterprises and foreign counter-terrorism organizations under regulations of laws;

e) Cooperate with the competent authority and relevant organizations in conducting tasks that related to maritime security information;

g) Perform other duties as stipulated by the Ministry of Transport.

3.The Minister of Transport shall specify the organizational structure and payroll of the Center.

4.The operation of the Center shall be funded from the State budget.

Article 9. Receiving, processing and transmitting maritime security information

1.The Center shall, after receiving a security alert from any ship, mobile drilling rig or a security assistance request from any ship or mobile drilling rig operating within Vietnam’s waters, from offshore oil ports or the competent authority of the country whose flag is flown on that ship or mobile drilling rigs, punctually transmit such security alert or request to the Coast Guard Command

2.The Coast guard Command shall promptly process the received information and punctually notify the Center of proper security measure applicable to ships and mobile drilling rigs operating in Vietnam’s waters and ships operating in offshore oil ports in order to transmit such information to Vietnamese shipowners, owners of ports and competent authorities of countries whose flag are flown on ships and mobile drilling rigs, upon request, and concurrently inform the Consular Department.

In case the Center fails to contact with the competent authority of the nation whose flag is flown on the ship or mobile drilling rigs, it shall be notified to relevant authorities of that nation via the Consular Department.

3.After being indicated that the port facility security may be under threats, except for offshore oil ports, the port facility shall promptly notify the local police authority to punctually tackle, and concurrently inform the Border guard or border police authority of the port, port authority, inland waterway port authority and the Center to punctually cooperate in taking actions against those security threats.

4.Receiving, processing and transmitting maritime security information between shipowner’s security officers and shipowners, owners of port facilities and relevant authorities shall be conducted according to the security plan approved by the competent authority.

Article 10. Regime for cooperation in receiving, processing and transmitting maritime security information

1.It shall ensure that receiving, processing and transmitting of maritime security information between the Center, Coast Guard Command, Ministry of Public Security, relevant authorities and port facilities’ owners and shipowners is conducted around the clock, smoothly, precisely and in accordance with law on security, via proper means such as by post, telephone, facsimile or email as prescribed in the contact list published by Vietnam Maritime Administration.

2.In the process of receiving, processing and transmitting maritime security information concerning to the functions and responsibilities of other authorities, the two responsible parties shall actively negotiate and cooperate in implementation.

3.The Coast Guard Command and Ministry of Public Security shall inform to the Center and relevant authorities (if requested) about the results of security information processing.

Chapter IV

RESPONSIBILITIES OF RELEVANT AUTHORITIES

Article 11. Responsibilities of the Ministry of Transport

1.Direct Vietnam Maritime Administration, Vietnam Register, Vietnam Inland Waterways Administration, the Center, port authorities, local inland waterway port authorities, shipowners, port facilities’ owners to perform duties prescribed in this Decree, ISPS Code and other relevant regulations of laws.

2.Direct Vietnam Maritime Administration to take charge of and cooperate with the Coast Guard Command and relevant authorities to hold the maritime security incident response rehearsal in the waters of the port facility, to practice transmitting maritime security information between the Center and counter-terrorism organizations, domestic and foreign organizations.

3.Provide instructions on preparation and approval plans for security of ships, mobile drilling rigs and port facilities under ISPS Code.

Article 12. Responsibilities of the Ministry of National Defense

1.Direct the Coast Guard Command to take charge of and cooperate with relevant authorities in rehearsal of maritime security incident responses in the waters and continental shelf of Vietnam.

2.Direct the Coast Guard Command and the Border guard Command to cooperate with the Vietnam Maritime Administration and relevant agencies in rehearsal of maritime security incident responses in the waters of the port facility, practice transmitting maritime security information between the Center and relevant agencies at offshore oil ports and ships operating at offshore oil ports.

Article 13. Responsibilities of the Ministry of Public Security

1.Direct and instruct its affiliates to cooperate with Vietnam Maritime Administration and relevant agencies in provision of professional maritime security training for security officers of port facilities and to cooperate in practice of transmitting information between the Center and relevant agencies at port facilities other than offshore oil ports, operating ships and mobile drilling rigs.

2.Publish the list of local police authorities expected to cooperate with in implementation of maritime security-related duties.

Article 14. Responsibilities of the Ministry of Finance

Allocate funding in the annual State budget estimates to relevant regulatory authorities for implementation of this Decree in accordance with the Law on the State budget.

Article 15. Responsibilities of the Ministry of Foreign Affairs

Direct the Consular Department, diplomatic missions of Vietnam in foreign countries to cooperate with functional agencies of the host countries in receipt, processing and transmitting maritime security level and information related to overseas Vietnamese ships.

Article 16. Responsibilities of the People’s committees of central-affiliated provinces and cities

The involved People’s committees ofcentral-affiliated provinces and cities shall cooperate with relevant regulatory authorities in receiving, processing and transmitting of maritime security information.

Article 17. Responsibilities of owners of Vietnamese ships, port facilities and mobile drilling rigs

1.Every owner of Vietnamese ships and mobile drilling rigs shall:

a) Cooperate with the Center and relevant authority in punctual verification of the maritime security information and the actual situation of security alerts transmitted from ships and mobile drilling rigs within the administration and extraction;

b) Ensure that security equipment onboard ships and mobile drilling rigs is maintained around the clock and take on legal responsibilities for false security alerts from ships and mobile drilling rigs within the administration and extraction, except for ships under repair on floating docks.

2.Every owner of Vietnamese ships, port facilities and mobile drilling rigs shall:

a) Punctually provide for the Center information on enterprises’ mailing address and a list of security officers of the port facility, shipowner and mobile drilling rigs, and a list of ships within the administration and extraction of the shipowner; punctually update the mailing address and the above-mentioned list in case of any adjustment;

b) Punctually, quickly and correctly provide maritime security information for the Center and relevant authorities; hold the rehearsal of transmitting maritime security information and test security alert systems as stipulated in regulations of laws;

c) Fully comply with provisions hereof, ISPS Code and other relevant regulations of laws.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Effect

1.This Decree takes effect on July 01, 2017.

2.The Decision No.125/2004/QD-TTg dated July 09, 2004 by the Prime Minister on announcement, receiving, transmitting and processing maritime security information and Decision No.11/2009/QD-TTg dated January 16, 2009 by the Prime Minister on amendment and supplement to a number of Article of the Decision No.125/2004/QD-TTg on announcement, receiving, transmitting and processing maritime security information shall be abrogated.

Article 19. Implementation organizations

Ministers, Heads of Ministerial-level agencies, Heads of Governmental agencies and relevant entities shall be responsible for implementation of this Decree. /.

For the Government

The Prime Minister

Nguyen Xuan Phuc