Circular 20/2015/tt-Bgtvt: Regulations On The Management Of Receiving, Transmitting And Processing Of Information On Maritime Security

Original Language Title: Thông tư 20/2015/TT-BGTVT: Quy định về quản lý tiếp nhận, truyền phát và xử lý thông tin an ninh hàng hải

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The CIRCULAR regulates the management of receiving, transmitting and processing of marine security information _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The Vietnam maritime law base on June 14, 2005;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to decision No. 125/2004/QD-TTg dated 9 July 2004 by the Prime Minister on the announcement, receiving, transmitting and processing of information on maritime security;
Pursuant to decision No. 12/2009/QD-TTg dated 16 January 2009 of the Prime on the revision, addition of some articles of the decision No 125/2004/QD-TTg dated 9 July 2004 by the Prime Minister on the announcement, the receive and transmit handle maritime security information;
At the suggestion of the Director of the transport and maritime Vietnam Bureau Chief, the Minister of transport issued a circular regulating the management of receiving, transmitting and processing of information on maritime security.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the reception management, transmitting and processing of information on maritime security under the provisions of the amendment and supplement of 2002 International Convention on safe human life at sea, 1974 (SOLAS 74 Convention for short) and the international code of ship and port security (ISPS Code).
Article 2. The object application this circular apply to: 1. Vietnam sea Vessels operating on international routes and foreign ships operating in the internal waters, territorial waters of Vietnam, including: a) ship;
b) cargo ships have a total capacity from 500;
c) offshore mobile drilling rigs.
2. The port receiving ships specified in paragraph 1 of this article.
3. organizations, individuals and organizations, Vietnam foreign individuals exploit the ships specified in paragraph 1 of this article (hereafter called the company of the ship).
4. organizations, individuals and organizations, Vietnam foreign personal management, harnessing the port specified in paragraph 2 of this Article (hereafter referred to as the port business).
5. organizations and individuals related to information management in maritime security.
Article 3. Explanation of terms 1. Practice connecting maritime security information is the contact connection between activities enterprises ports, shipping companies with the information centre of maritime security and the authorities responsible for the prevention of terrorism against ships, ports to ensure seamless communications when situations occur.
2. maritime security level is the level of danger of a security incident will be made or will happen. Maritime security are categorized into 3 levels: level 1 a) is the level for which security measures the minimum protection which must be maintained at all times;
b) level 2 is the level to which the protective security measures be supplemented accordingly and must be maintained over a period of high-risk security incidents occur;
c) level 3 is the level for which security measures protect the next specific must be maintained for a certain period of time when a security incident is likely to happen or almost surely happen, though could not identify the specific target.
Chapter II RECEIVING, TRANSMITTING and PROCESSING INFORMATION article 4 MARITIME SECURITY. Receiving, transmitting and processing of information security of maritime security information center marine and maritime Port 1. The Center for maritime security information immediately after receiving notice of the coast guard command on the security level, change the security level, the Centre for maritime security information to forward that information to the: a) Maritime Ports;
b) enterprise security officers, port to port sea;
c) ship company security officer, ship company;
d) agencies of foreign countries concerned, at the same time inform the Consular Bureau, Ministry of Foreign Affairs. In case of contact with the competent bodies of foreign countries that ship carried the flag of nationality, the information centre of maritime security consular Bureau proposal through diplomatic avenues to inform the relevant authorities of foreign countries.
2. Maritime Ports immediately after receiving information of the Centre for maritime security information, Maritime Ports must inform: a port security officer);
b) The vessel is expected to arrive or are active in the port in the area of his responsibility;
c) The Sea port gate room team.
Article 5. Receiving, transmitting, processing of marine security information of the company security officer of the ship, the Vietnam ship security in companies and related agencies 1. Immediately after receiving information of security information centre, maritime shipping company security officer, ship company is responsible for timely notification of information on maritime security level and change the security level for maritime security officer of your ship know to apply to ships in the next scheduled trip.
2. On the basis of risk assessment can occur to people, property or the environment from the active communication between the ship and the port, ship security officer can request a port security officer or the competent authority in the foreign port security commitments signed in the following cases : a) the ship is operating at a higher security level than the port or another ship with which it is communicating;
b) Have committed security agreement between the Government of the Socialist Republic of Vietnam and the Government of the countries members of the SOLAS 74 Convention for some international routes or for some specific vessels operating on the routes;
c) are a security threat or a security incident involving the ship or the port;
d) ships are in port that this port is not required to have and implement a port security plan has been approved;
DD) ships are to communicate with other ships ships that are not required to have and implement a ship security plan approved.
3. A security commitment stipulated in paragraph 2 of this Article to be kept on a ship with a minimal period of time the ship visit 10 ports, since the signing of a commitment.
4. Before the ships passing through the area are warned there is a risk of security threats, the captain, the ship security officer must contact the information centre of maritime security international pirate message in that area to coordinate the prevention of piracy.
Article 6. Receiving, transmitting, processing information of ship's maritime security and related agencies in ports 1. The case of a foreign ship to Vietnam seaports a) at the latest 24 hours before entering the territorial waters of the Socialist Republic Vietnam, Captain, owner or agent of the owner, agent of the exploitation of the ship must communicate directly with the Maritime Ports in the port where a ship is expected will come to notice of security levels are being maintained on board and other relevant information about the maritime security according to the form prescribed in annex I attached to this circular; Receive notifications from the port maritime security level being applied at the port and need to apply security measures on ships at sea;
b) after receiving the relevant information about the security of the ship referred to in paragraph 1 of this article, a maritime Port must notify port security officer where the ship visit;
c) on the basis of risk assessment can occur to people, property or the environment from the active communication between the ship and the port, the port security officer must sign the pledge security with the ship. A security pledge is kept at the port;
d) When there is a change in the security level on ships at sea or in ports from the time was contacted previously, ship security officers and the port security officer must immediately notify each other know to promptly handle.
2. in case the ship Vietnam and foreign ship departed Vietnam sea when required, Maritime Ports where the ship left port notification of security information related to maritime security officer of the ship before the ship departed Vietnam seaports to update information related to the trip.
Article 7. The responsibility to report maritime security information in the waters of the port captain, crew on board when the ship is berthed or cruise in the waters of the port, the port enterprises, organizations and other individuals receive information threatened or at risk maritime security threat must immediately notify port and maritime security information center.
Article 8. Report mode 1. An emergency report a) immediately after receiving notice of the security level of the coast guard command center, the maritime security information to report the situation to the Vietnam Maritime Bureau and other agencies, the relevant unit as prescribed;
b) When received accurate information about the security incident of the ship and the port, Centre of maritime security information must notify the Agency, the relevant units to timely handling, settlement.
2. year annual report, Maritime Bureau, Ministry of Vietnam General report the transportation of information management in maritime security.
3. The method of sending the report security report was sent by one of the three modes of information: fax, phone, email, and then send a report in writing to the postal.
Chapter III the REHEARSAL, PRACTICE, training, TRAINING in MARITIME SECURITY INFORMATION article 9. The responsibilities of the agencies involved in the exercise, practice connecting maritime security information 1. Vietnam Maritime Bureau's responsibilities a) General, the Ministry of transportation plans to practice connection exercise, the information between the maritime security centre of the maritime security information with agencies, units and institutions, anti-terrorist exercises in the Organization practice connecting maritime security information;
b) directs the Center for maritime security information in the rehearsal, practice connecting maritime security information.
2. The responsibility of the information centre in maritime security

a) annual building exercise, practice plan connected with maritime security information agencies, domestic enterprises and institutions, the terror of the Maritime Bureau reports offshore Vietnam approval and implementation;
b) inform the relevant bodies of the Organization of the rehearsal, practice connecting maritime security information;
c) presiding, in cooperation with the Agency in the coast guard command, political protection Bureau V, border guard command, Maritime Ports and sea ports business, shipping company set up the phone book, contact and unified process method, the frequency of emergency contact information to respond promptly when the terrorist situation occur.
3. The liability of the ship company, seaport business annually, in cooperation with the information centre for maritime security, Maritime Ports and related agencies in ports held the rehearsal, practice information security connection according to the approved plan.
4. The liability of Maritime Ports in cooperation with the information centre for maritime security, port business, shipping companies and ships in the exercise, the practice of maritime security connection according to the security plan and the port the ship is approved.
Article 10. Practice connecting maritime security information 1. The aim, request a) maintain communication through 24 hours between the port, the ship with maritime security information and the authorities responsible for the security of ships, the port;
b) ensure adequate communication equipment;
c) the port security officer, ship security officer must use proficiency and understanding of communication processes.
2. Content of the internship a) operating the security alarm system, communications equipment on the ship;
b) operate the equipment at the communications ports;
c) receiving, transmitting and processing of information on maritime security.
3. Rules of practice information security connections for the port a) annually, the port business has a responsibility to practice connecting the information with the information centre for maritime security, a minimum of 7 times;
b) practicing information security connection is made during the meeting of the Organization of appraisal reviews internal security ports;
c) security officers perform port security information via fax and phone with the information centre of maritime security and the Agency participated in the meeting evaluation reviews internal security ports according to the rules and practice results connecting maritime security information be recorded in the minutes;
d) after practicing successfully connected, the information centre of maritime security submitted verification results to practice connecting maritime security information about the Vietnam Maritime Bureau according to the form prescribed in annex III attached to this circular.
4. Rules of practice for security information in connection with a ship), ship company is responsible for connection processing, practice information with the information centre for maritime security, a minimum of 7 times;
b) prior practice, the captain or the shipping company must inform the Centre of maritime security information about the internship plan according to the form prescribed in annex II attached to this circular;
c) after practicing successfully connected, the information centre of maritime security validation results of exercises security information for the connection of the ship by the method of appropriate information.
Article 11. Training, training in maritime security information 1. Every year, the Centre for maritime security information responsibly: a) building plans, training programs, professional training, career service for staff, the staff of the information centre in maritime security Maritime Bureau report Vietnam for approval or submission to authority approval and implementation;
b) building program, plans to organize legal advocacy and training on maritime security information for the port security officer, ship security officer reported the Vietnam Maritime Bureau and implementation.
2. The information centre in maritime security in cooperation with the relevant units of the Vietnam register in organizing legal and professional training of the maritime security information for ship security officers.
Article 12. Funding of training, coaching, exercise, practice in maritime security information training funding, training, rehearsal, practice, professional enhancement of maritime security information are arranged from State budget sources and other sources in accordance with the law.
Chapter IV IMPLEMENTATION article 13. Effective enforcement of this circular effect since 1 August 2015 and replacing circular No. 47/2009/TT-BGTVT on June 30, 2010 the Minister of transportation rules about receiving, transmitting and processing of information on maritime security.
Article 14. Responsible for implementation 1. Vietnam Maritime Bureau hosted, in cooperation with the relevant bodies responsible for implementation of this circular.
2. The Chief, Chief Inspector of the Ministry, the Service Chiefs, heads of agencies, organizations and individuals concerned is responsible for implementation of this circular.