Circular 07/2015/tt-Bgtvt: Rules Of Maritime Signalling And Notification Of Maritime

Original Language Title: Thông tư 07/2015/TT-BGTVT: Quy định về báo hiệu hàng hải và thông báo hàng hải

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The CIRCULAR regulates the maritime signalling and the maritime message _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 Decree No. 21/2012/ND-CP dated 21 March, 2012 of the Government on the management of ports and maritime flow;
Pursuant to Decree No. 154/2013/ND-CP on October 30, 2013 of the Government about the publication of the maritime routes and traffic flow in Vietnam waters;
At the suggestion of the Director of the legislation and the Vietnam Maritime Bureau Chief, the Minister of transport issued a circular regulating the maritime signalling and notification.
Chapter I GENERAL PROVISIONS article 1. Scope this circular rules of construction, management, operation of maritime signalling and notification of maritime port in the waters and the waters of Vietnam.
Article 2. The object that applies to this circular apply to organizations and individuals who invest in the construction, management, operation of maritime signalling and marine notice; the Organization, the individual concerned, active vessels in the port waters and the waters of Vietnam.
Article 3. Explanation of terms In this circular, the following words are interpreted as follows: 1. Vessels include ships, military ships, ship the service, fishing vessel, vehicle interior, boat and other marine facilities.
2. the maritime signalling equipment or works, the boats are set up and operated on the water or on land to directions for the Organization, and seafaring related personal orientation, determine the position of the boats.
3. the maritime message is written by the Agency, the competent organization issued, published to provide information, instructions for the Organization, and seafaring individuals involved to ensure maritime safety, maritime security and the prevention of environmental pollution.
4. water Areas, including waters region charged Navigator, the quarantine, the ship returned, the anchor, the transfer, avoid the storm in port waters.
5. public marine Flow is the flow of sea ports is invested to build and manage the exploitation serves the general operation of the port.
6. specialized maritime Inflows is the stream tributary to another port and maritime inflows was invested to build and manage the exploitation serves the operation of specialized ports.
7. transfer of Zone is designated as a specialized water is investing in the construction and the management and exploitation of the port's activities serve the professional user.
Chapter II the MARITIME SIGNALLING section 1 CONSTRUCTION of MARITIME SIGNALLING article 4. Development planning of maritime signalling system 1. The Minister of transport approved development plan the maritime signalling systems.
2. Vietnam Maritime Bureau, in collaboration with the unit for maritime safety and other relevant organizations to build development planning of maritime signalling system, the Minister of transport for approval and the governing the implementation according to the master plan after approval.
Article 5. Principles of construction of maritime signal 1. The construction of maritime signalling must conform to the approved plan, the provisions of this circular, the law on investment, construction. The maritime signalling must be arranged in the required position in order to ensure the safety of navigation.
2. Vietnam Maritime Bureau made the State management of investment and construction of maritime signalling according to the approved plan.
Article 6. Construction of maritime signal 1. Based on the scale, nature and characteristics of the investment project of maritime signalling from the State capital, the Minister of transport to review, or decentralized investment decisions, authorizations for the Vietnam Maritime Bureau Chief consideration, decided to invest.
2. The units of maritime safety is responsible for establishing the timeliness of maritime signalling service of irregular maritime safety guarantee, at the same time the report immediately to Vietnam Maritime Bureau and Maritime Ports in the area.
3. Organizations and individuals have the obligation to establish the maritime signalling when managing specialized maritime flow extraction or use of water: a) The geological exploration drilling, oil, gas exploitation;
b) The catch, aquaculture and seafood;
c) Department works under construction, salvage and rescue;
d) The most recent cable or pipe, tube, underground structures, devices that affect maritime activities;
DD) The Rehearsal: military, search and rescue, fire prevention, rescue remedy oil spills;
e) The latest data collection system of Hai Duong;
g) Department of recreation, tourism and sport.
4. Organizations and individuals when construction of the marine flow pass is obliged to establish the maritime signalling in maritime safety.
5. Organizations and individuals stipulated in clause 3 and clause 4 of this Article before proceeding with setting the maritime signalling must be approved by the Vietnam Maritime Bureau about the location, scale, type of maritime signalling as specified in article 7 of this circular.
6. The establishment of maritime signalling must comply with the national technical regulation of maritime signalling.
Article 7. The approval procedure for maritime signaling Setup 1. The Organization, individuals send 1 (one) the suggested profile approved setting up the maritime signalling directly or through the postal system or other appropriate forms to Vietnam Maritime Bureau, records include: a) the Organization's proposal, Single individuals according to the form prescribed in annex 1 of this circular;
b) technical design of the maritime signalling.
2. The order of receiving and handling of records such as the following: a) the case of direct filing, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the records are incomplete, the regulations soon return and guide the Organization, complete personal profile;
b) case of receipt through the postal system or other appropriate form, if the records are incomplete as a rule, during 2 (two) working days from the receipt of the record, the Vietnam Maritime Bureau have written request additional personal, organization, completeness of records;
c) within a period of 5 (five) working days from the date of receiving the prescribed records, Vietnam Maritime Bureau have approved text establishes the maritime signalling. The case of disapproval must reply in writing and stating the reason.
Section 2 MANAGEMENT of the MARITIME SIGNALLING OPERATION article 8. Responsible for managing maritime signal 1. Vietnam Maritime Bureau made the governance of maritime signalling within the country.
2. Maritime Port is responsible for inspection and monitoring activities of the maritime signalling systems in the port and regional water management.
3. The unit secure direct management, maritime operations and responsible for the operation of the maritime signalling in the area assigned.
4. organizations and individuals stipulated in clause 3 and clause 4 Article 6 of this circular, management organization and responsible for the operation of the maritime signalling by the Organization, that individual construction.
Article 9. The unit's responsibility to manage the maritime signalling operation 1. Periodic planning for repair, renovate, upgrade the maritime signalling the approval authority.
2. Regular maintenance, the maintenance of maritime signalling to the specifications of the signal is always consistent with the maritime notifications were published.
3. When the maritime signalling is damaged, lost or stray must urgently proceed with repairs, timely remedy.
4. Timely file determines the extent of the damage, loss or distortions of the maritime signals sent to the relevant authorities to investigate, handle when necessary or at the request of the competent authority.
5. Quarterly, report in writing the active status of the maritime signalling on the Vietnam Maritime Bureau according to the form prescribed in annex 2 of this circular.
6. When there is a change in the character of the maritime signalling versus marine notices announced, must inform the competent organization to publish timely shipping notification.
Article 10. Protect the maritime signal 1. Every organization or individual has a responsibility to protect the maritime signalling.
2. organizations, individual acts of vandalism, theft or damaging the maritime signal being processed under the provisions of the law.
3. organizations, individual achievement in protecting the maritime signalling is rewarded according to the regulations.
Chapter III MARITIME NOTIFICATION article 11. The principle of publication of maritime notification 1. Marine notice must be competent organization of timely disclosure to the Agency, related organizations.
2. maritime notifications were simultaneously broadcast on the coastal information system and on other appropriate media.
Article 12. The maritime message classification based on the purpose of use, marine notices are categorized as follows: 1. the maritime notifications about activity of the maritime signalling: a) announced a new set of maritime the maritime signalling: the maritime signalling Visual, audio, radio, after being set must be announced location marine notices , the effect of the activity properties, signaling that according to the form prescribed in annex 3 of this circular;
b) marine notice about change the characteristic activities of the maritime signalling: when the maritime signalling was altered activity characteristics compared to the characteristics have been notified they must publish the notice about the maritime change it according to the model specified in annex 4 of this circular;
c) maritime notifications on suspension of activities of the maritime signalling: when the maritime signalling no longer capable of functioning according to the specification have been notified they must publish notice of marine work suspended operation of the maritime signalling that according to the form prescribed in annex 5 of this circular;
d) announced the recovery of maritime activities of the maritime signalling: after you have finished repairing the problem of maritime signalling must then publish notice of maritime activity recovery of maritime signalling that according to the form prescribed in annex 6 of this circular;
DD) marine notice about termination of the activities of the maritime signalling: after the maritime signalling no longer works, are recovered, they must publish notice of the maritime activities of the maritime signalling that according to the form prescribed in annex 7 of this circular.
2. reporting about the marine specifications of marine waters, flow before the Harbour Bridge and the water zone, waters:

a) maritime, Flow of water before the Harbour Bridge and the water, the water after dredging, construction maintenance, restoration, upgrades must be surveyed to depth of maritime notification and publication was periodically surveys, marine notice published; the case of new construction, improvement and upgrade of your scan to bottom side obstacles;
b) Three (3) years, the Ministry of transport announced the list periodically survey the public maritime area, flow of water, the water (except for specialized transport area) under the Vietnam Maritime Bureau's proposal on the basis of the recommendation of the Unit ensures the safety of navigation;
c) Three (3) years, the Vietnam Maritime Bureau announced the list periodically survey the maritime specialized streaming waters, before the Harbour Bridge, the specialized conveyed the proposal of Maritime Ports in the area;
d) these units assure the responsible maritime survey the depth of public marine flow, the water, the water (except for specialized transport area) to proclaim marine notice;
DD) survey the depth of your scan and obstacles of specialized marine flow, the water before the Harbour Bridge and the transfer of specialized by function measurements, surveys done. The Organization, personal management, harnessing the specialized marine flow, the water before the Harbour Bridge and the specialized loading professional responsible for the accuracy of the measurements, the survey was provided to the maritime notification and publication must bear the entire responsibility for the damages occurred in relation to the accuracy of the measurements that survey;
e) surveying the depth and slowly scan the obstacles specified in point d and point VND account must follow the correct method, technical processes by Department of transportation regulations;
g) maritime notifications specified in this paragraph according to the form prescribed in annex 8 and annex 9 of this circular.
3. maritime notifications about new dangerous obstacles detection: when there are accidents, maritime incidents causing sunken ship or when there are obstacles that cause loss of maritime safety must then publish notice of maritime about the obstacles that according to the form prescribed in annex 10 of this circular.
4. maritime notifications on construction area on the sea or on the maritime streams: construction area, on the sea or marine flow affect maritime activities, must publish notice of marine work according to the form prescribed in annex 11 of this circular.
5. reporting of maritime works, works crossing the maritime streams: a) The implicit construction passed to marine announced the maritime message about the location, depth and other safety conditions;
b) works to overcome the maritime inflows is publicize announcements about maritime pine Bay boat, cabins and boat information not static the other safety conditions.
Marine notice prescribed in this paragraph according to the form prescribed in annex 12 of this circular.
6. notice regarding maritime transport, maritime traffic or traffic restrictions, suspension of operation of the marine flow: in case of special need required boats, means of navigation from the cruise line, limited circulation or suspend operation of the maritime inflows is publicize marine notice on maritime traffic flow , limited circulation or suspend operation of the maritime streaming according to the form prescribed in annex 13 of this circular.
7. Marine notice about the limiting or prohibiting marine activities: in a case of sea area used for military exercise activities, waste dump areas, regional anchoring, search and rescue exercises, the area of the oil spill or hazardous materials the area of scientific research, land dump, fished, farmed seafood, entertainment, travel, sports, the latest system of marine data collection or other civil activities, due to the nature of the work can be dangerous for boats in the sea area it must publish notice of maritime areas mentioned above according to the form prescribed in annex 14 of the circular This time.
8. the marine notices about the tv playback information, information related to maritime maritime activities: the security information, meteorological, hydrologic conditions, earthquake, tsunami, health, disease, search, rescue and other specialized information related to the activity of people and boats in the waters of the port and on the waters of Vietnam must be Marine notice announced.
8. the marine notices about the maritime routes and disclosure of traffic flow in Vietnam: territorial when implementing the maritime routes and disclosure of traffic flow in Vietnam to territorial marine notices published under the form prescribed in annex 13 of this circular.
Article 13. The content and requirements of the maritime message 1. Content of marine notices must be clear, concise, easy to understand and reflects the full, correct the information provided.
2. The requirements of maritime notifications: a) positions in the maritime notifications were retrieved according to the VN-2000 coordinates and ecliptic coordinates WGS-84, accuracy to 1/10 seconds;
b) the depth of the marine notice is the depth of the shallow point in the area need to be informed, in meters to sea level "0 sea map", accuracy to 1/10 meters;
c) places of maritime notifications were retrieved according to the landmarks have been recorded on the map or in the other maritime document was published. The case places not yet recorded in the aforementioned document, the use of local common names;
d) language used in the maritime message is Vietnamese;
DD) effect time and effect of marine notices (if any).
Article 14. The Authority announced the maritime message 1. The Unit ensures the maritime safety make marine notices published specified in paragraphs 1, 2, 3, 4 and 5 article 12 of this circular.
2. Maritime Ports perform marine notices published specified in paragraphs 6, 7 and 8 article 12 of this circular within the port waters and management areas.
3. Vietnam Maritime Bureau made announced the maritime notification prescribed in clause 9 Article 12 of this circular.
Article 15. The responsibilities of the Agency, held 1. Vietnam Maritime Bureau made the governance of maritime notification announcement.
2. The responsibility of competent organizations announced the maritime message: a) announced a full, timely, accurate information provided;
b) timeliness and announced the maritime message again when found to have errors or changes to the content in the message.
3. organizations providing data, information disclosure notice responsible maritime law for the accuracy of the data, the information provided by themselves.
Article 16. The procedure of publication of maritime notifications on new set of maritime signalling procedures published maritime notifications about new maritime signaling setup follow the provisions of article 28 of Decree 21/2012/NĐ-CP on March 21, 2012 of the Government on the management of the port and the maritime streams.
Article 17. The procedure of publication of maritime notification about changing characteristics, suspend, restore, terminate the operation of the maritime signal 1. The Unit manages the maritime signalling operation posted 01 (a) record the proposal announced the maritime message directly or through the postal system or other appropriate form to the competent organisation announced the maritime notifications under the provisions in article 14 of this circular, the profile includes : a) petition published maritime notifications about activity of the maritime signalling according to the form prescribed in Appendix 16 of this circular;
b) report on the status of maritime signalling.
2. The order of receiving and handling profile as follows: slow for 24 (twenty four) hours from receipt of the prescribed records authorized organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.
Article 18. The procedure of publication of maritime notifications on the specifications of the maritime waters, flow before the Harbour Bridge and the water district, the waters 1. For maritime use, flow of water before the Harbour Bridge and the transfer of specialized periodical published: investors or tapping send 1 (one) the recommended records announced the maritime message directly or through the postal system or other appropriate form to the competent organisation announced the maritime notifications under the provisions in article 14 of this circular profile, including: a) Menu proposed by the owner or the person tapped according to the form prescribed in Appendix 16 of this circular;
b) minutes of collecting survey results;
c) the average depth of the survey map, survey reports and related material collected at the scene.
2. The order of receiving and handling of records such as the following: a) the case of direct filing, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the records are not adequate according to the rules then returned immediately and the owner's Guide or the additional extraction, finishing the record;
b) case of receipt through the postal system or other appropriate form, if the records are incomplete as a rule, during 2 (two) working days from the receipt of the record, competent organization announced marine notice in writing require the owner or the additional extraction , complete the profile;
c) within a period of 5 (five) working days from the date of receiving the application prescribed in paragraph 1 of this article, the competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.
3. With regard to the maritime notification about specifications of public marine flow, the water, the water (except for specialized transport area) is published periodically by the competent organization of maritime notifications made marine notices published after minutes of collecting survey results , map, depth survey survey report and related documents collected at the scene.
Article 19. The procedure announced for the first maritime notifications about the specifications of the maritime waters, flow before the Harbour Bridge and the water, the water after dredging, maintenance building, renovate, upgrade

1. The owner or the person tapped to send 1 (one) the recommended records announced the maritime message directly or through the postal system or other appropriate form to the competent organisation announced the maritime notifications under the provisions in article 14 of this circular, the profile includes : a) investment proposal Application or exploitation according to the form prescribed in Appendix 16 of this circular;
b) reply text copy of the authorized level of conformity with port planning;
c) copies the design techniques that are approved by the authority;
d) complete the drawing copy;
DD) minutes of collecting handed put to use;
e) minutes of collecting survey results and review the sweeping obstacles;
g) Peace map depth survey, survey reports and related material collected at the scene;
the average of your scan online map h) obstacles.
2. The order of receiving and handling of records such as the following: a) the case of direct filing, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the records are incomplete, the regulations soon return and guide the owner or who exploit the perfect profile;
b) case of receipt through the postal system or other appropriate form, if the records are incomplete as a rule, during 2 (two) working days from the receipt of the record, competent organization announced marine notice in writing requesting additional owner , complete the profile;
c) within a period of 5 (five) working days from the date of receiving the application prescribed in paragraph 1 of this article, the competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.
Article 20. The procedure of publication of maritime notifications on construction area on the sea or on the marine flow 1. The owner or the person tapped to send 1 (one) the recommended records announced the maritime message directly or through the postal system or other appropriate form to the competent organisation announced the maritime notifications under the provisions in article 14 of this circular, the profile includes : a) investment proposal Application or exploitation according to the form prescribed in Appendix 16 of this circular;
b) copy design techniques that are approved by the authority;
c) copies the text approved allowing the construction activities of the authority;
d) copy diagrams or drawings by execution;
DD) copy options ensure traffic safety are approved by the authority;
e) The specifications of the vehicles.
2. The order of receiving and handling of records such as the following: a) the case of direct filing, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the records are incomplete, the regulations soon return and guide the owner or who exploit finishing, additions;
b) case of receipt through the postal system or other appropriate form, if the records are incomplete as a rule, during 2 (two) working days from the receipt of the record, competent organization announced marine notice in writing require the owner or the additional extraction , complete the profile;
c) within a period of 5 (five) working days from the date of receiving the application the provisions of this paragraph, the competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.
Article 21. The procedure of publication of maritime notifications about the underground works, works pass marine flow 1. The owner or the person tapped to send 1 (one) the recommended records announced the maritime message directly or through the postal system or other appropriate form to the competent organisation announced the maritime notifications under the provisions in article 14 of this circular, the profile includes : a) investment proposal Application or exploitation according to the form prescribed in Appendix 16 of this circular;
b) copy design techniques that are approved by the authority;
c) copies the complete drawing;
d) minutes of collecting handed put to use;
DD) report on the trials of your scan results obstacles;
e) The specifications of the works.
2. The order of receiving and handling of records such as the following: a) the case of direct filing, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the records are not adequate according to the rules then returned immediately and the owner's Guide or the additional extraction, finishing the record;
b) case of receipt through the postal system or other appropriate form, if the records are incomplete as a rule, during 2 (two) working days from the receipt of the record, competent organization announced marine notice in writing require the owner or the additional extraction , complete the profile;
c) within a period of 3 (three) working days from the date of receiving the application, the competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.
Article 22. The procedure of publication of maritime notifications on the limited or prohibited in maritime activities 1. The owner or the person tapped to send 1 (one) the recommended records announced the maritime message directly or through the postal system or other appropriate form to the competent organisation announced the maritime notifications under the provisions in article 14 of this circular, the profile includes : a) investment proposal Application or exploitation according to the form prescribed in Appendix 16 of this circular;
b) map or chart demonstrates the restricted or prohibited in maritime operations;
c) copies the text approved by the competent authority under the provisions of the law (if any);
d) documents, the necessary information relating to the marine sector restricted or prohibited in maritime activities (if any).
2. The order of receiving and handling of records such as the following: a) the case of direct filing, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the records are not adequate according to the rules then returned immediately and the owner's Guide or the additional extraction, finishing the record;
b) case of receipt through the postal system or other appropriate form, if the records are incomplete as a rule, during 2 (two) working days from the receipt of the record, competent organization announced marine notice in writing require the owner or the additional extraction , complete the profile;
c) within a period of 3 (three) working days from the date of receiving the application, the competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.
Article 23. Marine notice publication about new dangerous obstacles detected immediately after receiving information that the maritime incident, accidents causing sunken ship or when there are obstacles that cause loss of maritime safety, the competent organization announced the maritime responsibility message check , survey and publication of maritime notifications about new dangerous obstacles.
Article 24. Marine notice publication on marine traffic flow or circulation restriction, suspension of operation of the maritime flow right after getting the decision in maritime traffic or traffic limited circulation, suspension of operation of the maritime streams in the area, the competent organization announced responsible marine notice announces marine notice.
Article 25. Marine notice announced on the tv playback information, information related to maritime maritime activities immediately after receiving the information about security conditions, hydrology, meteorology, earthquake, tsunami, health, disease, search, rescue and other specialized information related to the activity of people and boats in the port waters and on Vietnam sea, maritime ports have a responsibility to publish the notice of maritime information.
Article 26. Marine notice published on maritime routes and disclosure of traffic flow in Vietnam waters as soon as the decision or get to decide on the publication of the maritime routes and traffic flow in the territorial competent organization, Vietnam announced responsible marine notice announces marine notice.
Article 27. Transmitting maritime notifications 1. Marine notice after being announced to send immediately to the Vietnam Maritime Bureau, Maritime Ports, maritime navigation organization concerned, limited liability company, a member of the Vietnam maritime electronics information and the organizations and individuals involved in writing or by electronic methods accordingly.
2. Limited liability company a member of the Vietnam maritime electronics information are responsible for transmitting the information system on Vietnam's coastal marine notices by Vietnamese and English under the method of appropriate information. Transmission of maritime notification according to the form prescribed in annex 17 of this circular.
3. the number of times the transmitting maritime notifications made under the regulations are as follows: a) the maritime message specified in the paragraph 1, 2, 4, 5 and 9 Article 12 of this circular was a minimum of 2 (two) times a day and played in 3 (three) consecutive days;
b) marine notice stipulated in the paragraph 3, 6, 7 and 8 article 12 of this circular are continuous 4 (four) times a day until the new marine notice replaces notices that maritime;
c) basing the actual situation, the Vietnam Maritime Bureau consider to increase, decrease or stop frequency transmitting maritime notifications specified in point b of this clause as suggested by the limited liability company, a member of the Vietnam maritime electronics information.
4. authorized organization announced the maritime message limited liability company and a member of the Vietnam maritime electronics information are responsible for bringing the text of the message content in marine information page on the Agency's electronic unit.
5. implementation funding announced notice of maritime and naval message transmissions are used from the funding agency's annual activities, the unit.
Article 28. Provide marine notice information

1. individual organizations specified in article 2 of this circular was required to provide notice of rights of navigation.
2. organizations and individuals operating in the waters of the port, the flow of waters and maritime Vietnam is obliged to provide timely, accurate for the authorized organization announced the marine notices the following information, if the findings are: a) the location of or characteristic of the maritime signalling activity compared with the content of marine notice published;
b) discovered new obstacles have not yet been published or announcements not yet marked on the chart;
c) other information relevant to maritime safety.
3. The competent organization announced the maritime message is responsible for receiving, checking the figures, information specified in clause 2 of this Thing to publish notice of the prescribed maritime.
Chapter IV PROVISION Enacted 29. Effect 1. This circular has effect from 1 June 2015 and abolish circular No. 54/2010/TT-BGTVT dated November 8, 2011 of the Minister of transport of maritime signalling Regulations and marine notice.
2. Attached to this circular 17 annexes.
Article 30. The Organization made The Chief, Chief Inspector, the Director of the Vietnam Maritime Bureau Director, General Director of the Corporation, maritime safety, maritime ports Director, General Director of the limited liability company, a member of the Vietnam maritime electronics information , Heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.