DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON MANAGEMENT OF MARITIME ACTIVITIES AT SEA PORTS AND MARITIME ZONES OF VIETNAM, PROMULGATED TOGETHER WITH THE GOVERNMENT’S DECREE No. 13/CP OF FEBRUARY 25, 1994

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to Vietnams Maritime Code of June 30, 1990;

At the proposal of the Minister of Communications and Transport,

DECREES:

Article 1.-To amend and supplement a number of articles of the Regulation on management of maritime activities at sea ports and maritime zones of Vietnam, which was promulgated together with the Governments Decree No. 13/CP of February 25, 1994, as follows:

1. Article 5 is amended as follows:

The Minister of Communications and Transport shall consider and decide the announcement on the opening and/or closure of sea ports and shipping routes on the basis of the proposal of Vietnam Maritime Bureau.

2. Article 6 is amended and supplemented as follows:

1. Sea ports must be invested in and constructed in accordance with the approved Planning for overall development of Vietnamese sea ports system.

2. Vietnamese and foreign organizations and individuals, that are permitted to invest in the construction of sea ports or to deal in and exploit sea ports in Vietnam, may all open sea ports, hereinafter referred collectively to as investors.

3. The procedures for opening sea ports shall be as follows:

a) Before preparation for investment in the construction of sea ports:

The investors shall send to Vietnam Maritime Bureau written requests for opening of sea ports, enclosed with drawing of the ground level for dock arrangement, water area in front of docks and lane section from the national shipping route into the port. The written requests must clearly state the necessity to invest in the construction of the ports, the locations, sizes and use purposes of the ports.

Within no more than 7 working days as from the date of receiving the above-mentioned document, Vietnam Maritime Bureau must send written replies to the investors. If refusing to approve, Vietnam Maritime Bureau must clearly state the reasons therefor in its written replies.

b) Process of investment in the construction of sea ports:

Investors must strictly comply with the law provisions on management of investment, construction, bidding and other current relevant legal documents when investing in the construction of sea ports. Before starting the construction of sea ports, the investors shall have to send to Vietnam Maritime Bureau the decisions approving the technical designs.

Vietnam Maritime Bureau shall have to supervise the maritime safety in the course of seaport construction.

c) After completing the seaport construction, the investors shall send to Vietnam Maritime Bureau the following papers in order to make the announcement on opening seaports for exploitation and use:

- A written request to announce the opening of seaport;

- The competent bodys or organizations decision on investment in seaport construction;

- The record on final acceptance of completed seaport project for putting it to use, enclosed with the completed construction drawing of the ground level, façade and cross- section of the seaport project;

- Maritime notice, average depth level and report on survey of sea bed of the water area in front of dock and shipping lane section from the national shipping route into the port;

- The written certification of the project reaching the environmental standards, issued by a competent State body;

- The written certification of the project satisfying fire prevention and fight conditions, issued by a competent State body.

Within no more than 7 working days as from the date of receiving the above-said valid papers, Vietnam Maritime Bureau shall report to the Ministry of Communications and Transport thereon for considering and deciding the announcement on seaport opening.

Where it is deemed necessary to make re-examination, Vietnam Maritime Bureau shall conduct the examination before reporting to the Ministry of Communications and Transport for deciding on the seaport opening announcement.

4. The provisions stated in Section 3, Clause 2, Article 1 of this Decree shall also apply to the investment in the construction of new docks by ship repair and building establishments, sea shipping routes, trans-shipment anchorage area. Particularly for new construction, renovation and upgrading projects within the port water area, which have already been announced, after their completion, Vietnam Maritime Bureau shall consider and decide permitting sea ships to enter for operation, when the investors have acquired all valid papers as provided for in Section 3, Clause 2, Article 1 of this Decree.

3. Article 7 is amended, supplemented as follows:

For works not covered by seaport expansion projects prescribed in Clause 2, Article 1 of this Decree but such works have affected the maritime safety conditions, the investors shall have to take the following steps:

1. Before preparing for investment:

The investors shall send to Vietnam Maritime Bureau the written exposition on the investment projects to be constructed, with such specific contents as: The name, location, position, use purpose, technical parameters and other requirements related to maritime activities in areas where such projects are constructed.

Within 7 working days as from the date of receiving the written requests of investors, Vietnam Maritime Bureau must send their written replies. In case of disapproval, Vietnam Maritime Bureau must reply in writing, clearly stating the reasons therefor.

2. Before putting projects to use:

The investors shall have to widely publicize at least for two consecutive times on central or local mass media the following contents:

The name, position, characteristics, water zone limits, relevant technical parameters such as the clear span, clear overhead, warning signals, time for ship passage and the project depth against the "0" marine chart water level, the time for commencement, termination (if any) of operation of the project and other restriction requirements aiming to ensure safety of projects.

4. Article 11 is amended, supplemented as follows:

Foreign vessels arriving in Vietnamese seaports or foreign vessels transiting Vietnam on their way to the third countries shall have to comply with the following regulations:

1. For sea ships carrying cargo or passengers, sea ships conducting petroleum or fishery activities, within 48 hours before their estimated arrival at places to pick up and/or return pilots, the ship owners or ship owners agents shall have to send to the director of the port authority, where their ships shall arrive at, the "Paper asking for permission for ships port call". The contents of such permit are prescribed in Section 5, Clause 4, Article 1 of this Decree. Basing themselves on the contents inscribed in the application for ships port call, the director of the port authority shall consider and permit such vessels to operate at ports. For foreign sea ships operating on determined routes at Vietnamese seaports, the ship owners or their agents shall have to report to the director of the port authority thereon at least 24 hours before the ships arrive at the pilot-taking/returning places.

2. For foreign military ships entering for operation in Vietnam, the provisions of the Governments Decree No.55/CP of October 1, 1996 on operation of foreign military ships which visit the Socialist Republic of Vietnam shall be complied with.

3. The Prime Minister shall decide to permit foreign nuclear-power ship to operate in Vietnam, but within 48 hours before the ships arrive at pilot-taking/returning places, the ship owners or their agents shall have to report thereon to the director of the port authority where the ships arrive at.

4. The Minister of Communications and Transport shall decide to permit foreign ships to enter Vietnam for activities of scientific research, rescue, salvage of sunk property, towage, training, sports, the construction of marine projects at sea ports or in Vietnamese maritime zones, but within 48 hours before arriving at the pilot-taking/returning places, the ship owners or their agents shall have to notify such to the director of the port authorities where the ships arrive in.

5. "Paper asking for permission for ships port call" shall contain the following details:

- The ships name, type, nationality, call signal and registration place;

- The names and addresses of ship owners, ship operators (if any);

- The length, width, height and water line of the ship;

- Total holding capacity, full tonnage, volume and type of cargo onboard the ship;

- The number of crew members, passengers and other persons onboard the ship;

- The purpose, the estimated time of arrival at the port and the estimated time of operation in Vietnam;

- The name and address of the ship owners representative or agent.

6. In order to promptly clear all procedures for ships to enter ports and proceed with the operation plans of ships and ports, the ship owners may send through their representatives or agents or directly to the port authority where their ships arrive at all papers related to ships, cargo, crews and passengers; or even through electronic communication means.

5. Article 12 is amended, supplemented as follows:

Foreign vessels are exempt from procedures to apply for permission for port call in the following cases and under the following conditions:

1. For vessels bearing nationality flags of foreign countries which have signed with Vietnam maritime agreements, within no more than 48 hours before their estimated arrival at pilot-taking/-returning places, they must notify such to the directors of the port authorities where they shall arrive at.

2. The ship captains must take their ships to the ports water zones or other water areas for temporary anchorage for the following urgent reasons:

a) Asking for emergency to crew members or passengers onboard their ships;

b) Sheltering from storms;

c) Handing over people, assets, vessels saved on the sea;

d) Overcoming consequences of maritime incidents, accidents.

In the above-mentioned cases, the captains must quickly seek ways and means to contact the port authorities or competent Vietnamese authorities in the nearest places, and at the same time are obliged to prove that their actions are necessary and justified. All acts of abusing the above-mentioned provisions shall be handled according to law.

6. Article 20 is amended, supplemented as follows:

In order to proceed with procedures for ships to enter ports, the ship captains shall have to ready the following papers:

1. Papers to be produced:

a) Ship registration certificate or certificate of the ships nationality;

b) Certificate of maritime safety and environmental pollution prevention by ships, granted by competent bodies;

c) Permit for use of ships radio (if it is Vietnamese sea-going ship);

d) International vaccination certificates of crew members and passengers;

e) Certificate of raticide or raticide exemption;

f) Brief declaration of transit goods, temporary-import for re-export goods; quarantine-free certificate related to such kind of goods;

g) Crew members passports or book (or other equivalent papers) and passengers passports;

h) Crew members directory books (if it is Vietnamese ship);

i) Certificates of professional qualifications of ship captain, officers and other crew members;

k) Certificate of ship owners civil liability insurance, if it is ship used exclusively for the transport of petroleum and the products thereof as well as other hazardous commodities;

l) The permit granted by the competent State body of Vietnam for foreign vessels to operate in Vietnam according to the provisions in Items 2, 3 and 4, Clause 3, Article 1 of this Decree.

m) Foreign exchange declaration or luggage books of crew members, if it is foreign ship or Vietnamese ship returning from abroad.

2. Papers which must be submitted:

a) The permit to leave the last port 01 copy

b) Quarantine-free certificates 01 copy each

c) Goods disinfection exemption certificate 01 copy

d) Ship arrival declaration 02 copies (according to set form)

e) Crew members and passengers health declaration 02 copies (according to set form)

f) Brief declaration of personal effects 01 copy (according to set form)

g) Cargo diagram and goods brief declaration 05 copies (according to set form)

h) Hazardous goods brief declaration 05 copies (according to set form)

i) Declaration on the ships reserve stores 05 copies (according to set form)

j) Animal quarantine declaration 01 copy (according to set form)

k) Crew members list 05 copies (according to set form)

l) List of passengers or other people onboard the ship 05 copies (according to set form)

m) Crew members jewels declaration 01 copy

n) Declaration on tools banned from use at ports 01 copy

o) Crew members and passengers application for goingashore (if it is foreign ship) 01 copy (according to set form).

7. Article 21 is amended, supplemented as follows:

When carrying out procedures for port leave, the ship captains shall have to ready the following papers:

1. Papers which must be produced:

a) Payment papers or other papers as currently prescribed in order to prove that the ship has paid all relevant debts;

b) Certificates of maritime safety and environmental pollution prevention by ships, granted by competent bodies (in case of any change as compared with the time when the ship entered the port);

c) Crew members passports or books, or equivalent papers and passengers passports;

d) Certificates of professional qualifications of ship captain, officers and other crew members (in case of any change as compared with the time when the ship entered the port)

e) Crew members directory book (if it is Vietnamese ship)

2. Papers which must be submitted:

a) Assorted permits granted by the Port Authorities or agencies, organizations performing the State management at ports to ships, crew members and passengers onboard the ships during the ships stay in ports (for recovery).

b) Ship departure declaration 2 copies (according to set form)

c) Brief declaration of goods onboard the ships 3 copies (according to set form)

d) Brief declaration of personal effects 1 copy (according to set form)

e) Declaration on crew members and passengers health 1 copy (according to set form)

f) List of crew members 5 copies (according to set form).

Within 4 hours at most before the ships leave ports, the captains shall have to submit to the Port Authorities the "ship departure declaration".

8. Article 26 is amended, supplemented as follows:

1. Foreign vessels of all kinds, regardless of whether they are small or large, and Vietnamese sea-going ships with the gross tonnage of 2,000 GT or more must be led by Vietnamese pilots when they enter or leave ports, move within the port water zones or other compulsory pilotage zones of Vietnam and have to pay the pilotage charges as provided for by law. Particularly for Vietnamese sea-going ships of under 2,000 GT, their captains may ask for pilots to lead their ships.

2. Those Vietnamese captains who have obtained Vietnamese maritime pilotage certificates suitable to the types of ship and the pilotage zones where the ships are operating may themselves pilot their ships but have to ensure safety.

9. Article 27 is amended, supplemented as follows:

1. Except for urgent cases which require pilots to lead the ships in order to avoid accidents, the request for pilots must be notified to the Pilotage Company and the Port Authority at least 6 hours before the estimated time of picking up the pilot onto the ships.

2. If after the request for pilot is made, there is any wish to change the pilot-pickup hour or to cancel the pilot request, such must be notified to the Pilotage Company and the Port Authority at least 3 hours before the estimated time of picking up the pilot onto the ship.

3. The pilots shall have to await at the agreed places for 4 hours at most as from the estimated hour of picking up the pilots onto the ships; if past this time limit, the pilots have not been picked up, the pilot request is regarded as having been cancelled and the ship owners shall have to pay for the pilots waiting according to current regulations.

4. Within one hour after receiving the request for pilot, the Pilotage Company shall have to confirm and notify the Port Authority and the captain of the ship asking for pilot or the ship owner’s agent of the locations and estimated time for the pilot to embark the ship. If the pilot embarks the ship later than the schedule and at wrong places, thus forcing the ship to wait or to move to another place, such Pilotage Company shall have to pay for the ship’s waiting according to current regulations.

10. Article 30 is amended, supplemented as follows:

When carrying out activities in seaport water zones and other maritime zones, the captains shall have to strictly abide by the following regulations:

1. To abide by all ship- mobilizing orders of the Port Authority directors and always maintain contact with the Port Authority on the notified channels.

2. To take initiative in avoiding collusion with other vessels or works, equipment.

3. In relevant areas, to fully comply with the regulations on speed on ship lanes, alarming signals, warning regimes and other regulations. To take initiative in moving at a reasonable safe speed when traveling through areas with underwater activities, channel dredging activities, signal buoy floating, rescue and salvage, fishery activities, or when passing by other vessels which are anchoring and mooring.

4. Beyond the prescribed hours, not to travel under high-voltage power transmission lines, in narrow channels or areas with other restrictions.

5. Anchoring machines and other similar equipment must be always in the ready position so as to be able to quickly execute orders of the captains.

6. Not to drag or pull anchors under water when operating in channels, canals, except for urgent cases where it is forced to do so to restrict the ships momentum or to avoid possible accidents.

7. Vietnamese and foreign ships of 70 m or more in length, when entering or leaving docks and ship-mooring buoys or when making turns or moving to other locations for moorage and anchorage, must be led by towage ships. Depending on the practical conditions on maritime safety in the areas, Vietnam Maritime Bureau shall specify the quantity and capacity of towage ships to support the above-named ships when they operate in ports. The captains of ships of under 70m in length, when their ship operate in ports, may request the support by towage ships, if deeming so necessary.

11. Articles 57, 58, 59 and 60 are cancelled under the provisions in Decree No.92/1999/ND-CP of September 4, 1999 of the Government on sanctioning administrative violations in the maritime field.

12. Article 61 is amended, supplemented as follows:

The Minister of Communications and Transport shall have to organize and guide the implementation of this Regulation.

Article 2.-This Decree takes effect 15 days after its signing.

Article 3.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.