Decree 21/2012/nd-Cp: Management Of Port And Marine Cargo Flow

Original Language Title: Nghị định 21/2012/NĐ-CP: Về quản lý cảng biển và luồng hàng hải

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THE GOVERNMENT.
Numbers: 21 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 21, 2012

DECREE

About seaport management and maritime flow

_________________

Government Law Base December 25, 2001;

Vietnam Maritime Code Base June 14, 2005;

On the recommendation of the Minister of Transport;

The government issued a decree on seaport management and maritime flow,

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree provides for the investment of construction, seaport mining, maritime flow and maritime operations management at sea port and in the Vietnamese waters.

2. The regulations at this resolution on maritime safety, maritime security and environmental pollution prevention are also applicable to the military port, fishing port and port, inland marina located in the seaport waters.

What? 2. Subject applies

1. This decree applies to organizations, individuals, Vietnamese boats and foreign countries, specialized state management agencies that are involved in the investment of construction, mining of seaport, maritime flows and maritime operations management at sea port and in the region of the United States. The Sea of Vietnam.

2. The case of international treaties in which the Socialist Republic of Vietnam is another regulated member with the provisions of this decree, which applies the regulation of that international treaty.

What? 3. Apply law

When operating at sea port, Vietnam ' s maritime flow, all organizations, individuals, Vietnamese boats and foreign countries, specialized state management agencies must accept regulations at this Decree, other regulations that are associated with Vietnamese law. South and the international convention that the Socialist Republic of Vietnam is a member.

What? 4. Explain the word

In this decree, the words below are understood as follows:

1. The harbour includes port bridges, warehouses, beaches, workshops, headquarters, service facilities, transportation systems, communications, electricity, water, flow into the harbour and other auxiliary works.

2. The port bridge is a fixed structure in the harbour, which is used for shipping, loading cargo, picking up, paying passengers and carrying out other services.

3. The offshore oil port is the construction site, which fills the ship, departing for impulsable, unloading cargo and carrying out other services in offshore oil and gas extraction areas.

4. The navigable zone is the waters set up and announced the ship moored to pick up maritime navigable navigable navigable navigation.

5. The censure zone is a limited portion of the seaport that is set up and announced for the ship moored to carry out the regulation under the rule of law.

6. The return zone of the ship is a limited portion of the seaport that is set up and announced for the ship to return.

7. The anchorage is a limited portion of the seaport that is set up and announced as the boat anchorage waiting for the bridge, the oil tanker, waiting for the transfer area, waiting to pass through the flow or carrying out other related maritime services.

8. The transfer area is a limited portion of the seaport that is set up and announced so that the boat anchorage makes the transfer of cargo, passengers.

9. The storm zone is a limited portion of the seaport that is set up and announced for the ship to anchor the storm.

10. The water area, the waters including the target area, the inspection zone, the carrier area, the anchorage, the transport area, the storm zone in the seaport waters.

11. Public navigation is a port of construction and management, mining operations in the port of the sea.

12. The specialized maritime seaboard is a seaport and other maritime flow that is built and managed by the investment, mining operations of the active port.

13. Maritime notice is the text issued by the authority of the authority, published to provide information, guide to the seaman and the organization, the individual involved in ensuring maritime safety, maritime security and environmental pollution prevention.

14. Maritime signaling is the device or construction, which makes maritime signals established and operated on the water or on land to instruct the seaman and the organization, the individual navigable, determining the location of the ship.

15. Ships include ships, military vessels, service ships, fishing vessels, domestic vehicles, floatplanes, and other waterways.

16. The active person is the owner of the ship or the manager of the ship, the driver, the operator, the captain or the authorized person.

17. The audit text, confirmation of the implementation of the contents of the report and the request of the decision to approve the environmental impact assessment report is the document issued by the competent authority, approved or confirmed by the regulation of the law on the environment; for the rig, warehouses, and other floating sites in the offshore oil port are related certificates (if any) due to the organization registration or organization granted.

18. The manuscript of the fire and extinguiking is the text issued by the competent authority, approved or confirmed by the law of the fire department, firefighting; for the rig, floating storage and other floating work at the offshore oil and gas port. Relevant certificate (if any) due to the organization registration or organization granted.

19. The exit permit is a document issued by the Port Authority of Maritime or Authority where the boat leaves the port at the end of the class or confirmed.

20. Maritime construction includes seaport, marina, port bridge, buoy, waterway, waters, maritime flow, maritime signaling, sea lights, coastal information systems and other auxiliary works of seaport and maritime flow, which was invested in the construction of the city. set up or set up in the waters of the seaport and Vietnamese waters.

What? 5. Sea port content

1. Director of the Port Authority of the Naval Base regulations at this decree and the conditions of particular in the port waters and the management area are assigned to enact the "Port Authority of the Sea" after having been approved by the Vietnam Maritime Service, which aims to secure security. Marine, maritime security and environmental pollution prevention in maritime operations.

2. Organization, personal, Vietnamese and foreign ships while operating in the seaport waters and the management area of the Maritime Port Authority are responsible for the acceptance of the "Port Authority of the Sea".

What? 6. State management content of seaport and maritime flow.

1. Build, enact laws that violate the management of seaport and maritime flow; standard, technical regulation, technical economic norms related to management, exploitation, maintenance, maintenance, protection of seaport and maritime flow.

2. Build, approve, and organize the implementation of the planning, seaport development plan, and maritime flow that serves the economic-social development of either country or the region.

3. Sign, join and organize the implementation of international treaties related to seaport and maritime flow.

4. Open, sea port; the port of the seaport and the management area of the Maritime Port; announced the port, port bridge, buoy, anchorage, transport area, and other maritime works to use.

5. The investment management organization builds and exploits the infrastructure of the harbor, the port bridge and the maritime flow.

6. State management for maritime operations; maritime rescue; salvage of the sinking property; handling of maritime accidents, search coordination, maritime rescue; marine environment protection and defense, security.

7. Sea port list, maritime flow, maritime signage and maritime notification.

8. The organization performs the regulation of Vietnamese law and the relevant international wish that Vietnam is a member of maritime activity.

9. Inspector, check out the breach according to the rule of law.

What? 7. State management responsibility for seaport and maritime flow

1. The United Government governs the state over the seaport and the maritime flow.

2. The Ministry of Transport organizes the state management of the seaport and the maritime flow. The Vietnam Maritime Service performs state management of seaport and maritime flows according to the function, mission, and powers delivered.

3. The ministries, the Provincial People's Committee, the Central Committee of the Central Committee (later called the Provincial People's Committee) within the scope of their mandate, their powers, the organization to implement state management of seaport and maritime flow.

What? 8. The naming principle, renamed the seaport, offshore oil port, harbour, port bridge, pontoon and waterzone, waters.

1. The seaport, offshore oil port, port, port bridge, buoy, buoy and water area, the country is named or renamed when planning to develop or create a construction investment project or the publication of the input on the recommendation of the investment owner or organization. Yeah.

2. The seaport, offshore oil port, must be written in Vietnamese, which may be accompanied by English names; the beginning is the phrase "Sea Harbour", "offshore oil port" and its own name in place of sea ports or offshore oil ports.

3. The harbour name, port bridge, buoy, and water area, the waters must be written in Vietnamese, which may be accompanied by English names; the beginning is the phrase "harbour", "port bridge", "pontoon", "area", "area" and its own name.

Chapter II

CONSTRUCTION INVESTMENT MANAGEMENT, SEAPORT MINING, MARITIME FLOWS AND MARITIME SIGNAGE SIGNALS.

Item 1

INVESTMENT OF SEAPORT AND MARITIME FLOW

What? 9. Sea port classification manifest

1. The Prime Minister announced the category of seaport classification at the recommendation of the Minister of Transport.

2. Minister of Transport for an updated annual transport portfolio, the port portfolio of Vietnamese ports at the suggestion of the Director of the Vietnam Maritime Service.

What? 10. Set up, approve and manage seaport development planning and maritime flow.

1. The establishment, approval and management of seaport development planning and maritime flow must be made as specified at this Decree and other provisions relevant to the law.

2. Transport Ministry of Transport:

a) Set up, the Prime Minister approx the overall planning of developing Vietnam ' s seaport system or the overall planning adjustment petition has been approved;

b) The detailed planning of development of seaport groups;

c) Public publication and guidance organization, testing implementation of the planning process;

d) A specific adjustment to the planning of a detailed planning of seaport groups, harbours, and port bridges was not contrary to function, scale in the overall planning development of the Vietnamese seaport system.

3. Vietnam Maritime Service:

a) The overall planning of the development of the Vietnamese seaport system, the detailed planning of developing the seaport group of the Transportation Department by regulation;

b) The implementation of the investment management of seaport construction, harbour, port bridge, maritime and water flow, the waters under the planned seaport development have been approved;

c) Appoints the planning of harbour details, port bridges, floats, waters, waters of the Type II and Type III ports in accordance with the detailed planning of the approved seaport groups.

4. The responsibility of the ministries and the Provincial People ' s Committee:

a) Coordinated with the Department of Transport for the management of the seaport development planning under the regulation of this Decree and other provisions relevant to the law;

b) Asking the land fund, the waters to build sea port development under the approved planning.

What? 11. The investment principle building seaport, maritime flow

1. Organization, Vietnamese and foreign individuals who invest in the port of the sea, the maritime flow must be subject to regulation at this Decree and other provisions relevant to the law.

2. The investment of seaport construction, the shipping flow must be in line with the seaport development planning and other relevant planning has been approved; the case of a seaport construction investment project, the maritime flow has a difference in comparison to the development planning. Seaport has been approved, prior to the deployment of the project, the owner must report and be granted the authority to approve the approval plan.

3. On the basis of the approved seaport development planning, the decision and publication of the investment form for the seaport, the harbour is carried out as follows:

a) The Prime Minister decides and announced the investment form for the Type I sea port and the special special harbour in the port of Type I;

b) The Minister of Transport decides and announces the investment form for the port of the port I do not stipulate at this point a clause and the Type II Sea port is not specified at this point c.

c) The ministry of ministries, the chairman of the Provincial People ' s Committee decided and announced the investment form for the Type II sea port that serves the development of that industry or locality;

d) Type III Sea Port due to the self-determination business of investment.

What? 12. Monitoring the planning, plan, construction of seaport, maritime flow.

1. Before the initial reporting of seaport construction, port, port bridge, navigation, water, water, water, the investment owner sent directly or sent through the text postal system by Form 18 of this decree to the Vietnam Maritime Service offered to respond to the event. consistent with the seaport development planning.

At the end of the five working days, since the date received the text of the investment owner, the Vietnam Maritime Service has a written answer and sent directly or through the postal system to the investment owner; at the same time, report the Ministry of Transport, the Provincial People ' s Committee where construction is located. The seaport, the harbour, the port bridge, the waterway, the waters, the waters, and the unapproved case of reason.

2. Before the construction of the seaport, port, port bridge, navigation, water, water, water, the investment owner of the Vietnam Maritime Service, which was taking a decision to invest the construction of the construction work with the overall layout, the copy of the decision. The design of construction and construction of the maritime safety.

3. Vietnam Maritime Service organizes testing, overseeing the implementation of the planning, plan, construction of seaports, docks, port bridges, maritime flows, waters, waters in accordance with approved planning, maritime security, maritime security, and defense, and security. Environmental pollution.

What? 13. Monitoring the construction of other construction in the seaport waters

1. The construction of other works in the non-construction seaport waters at Article 11 of this Protocol is carried out under the regulations at this Decree on the guarantee of maritime safety, maritime security, environmental pollution prevention, and other countries. The other rules are related to the law.

2. Before the construction of the construction work, the investment owner sent to the Port Authority of the Regional Maritime Service where the construction of a copy of the decision to invest and the overall layout of the work to the organization to monitor the implementation of the construction work. The owner of the investment is to ensure the safety of navigation.

What? 14. Maritime safety guarantee

1. Before conducting construction, the construction of seaport works, docks, port bridges, buoys, waters, waters, the investment owner responsible for the authority to consider, approve the maritime safety guarantee.

2. The cases must have a maritime safety guarantee:

a) The seaport works;

b) The harbour works, port bridges, buoys, maritime flows, maritime and waterway signaling, waters;

c) The transportation works with the seaport waters, shipping streams or works that have an impact on maritime activities such as bridges, power lines, suspension cables, underground works, drilling rigs, electric power, hydro, electric heat, and similar works. Also.

d) Construction works, construction investments in Vietnamese waters affected maritime operations.

3. Maritime Port approved a maritime safety guarantee; in particular, the provisions of Article A and Point 2 This Article before approval, must be accepted by the Department of Maritime Affairs of Vietnam.

4. Civil Safety Security Security:

a) General information on the work, construction of the construction investment project: the name of the work, the project; the name and address of the investment holder; the construction site, the construction site; the construction scale;

b) The time of competition, construction;

c) The execution measure is approved;

d) Measuring maritime safety;

The organization of the organization and coordination;

e) Other required content.

5. The procedure to approve a maritime safety guarantee:

a) The owner of the direct deposit or sent through the postal system to the Port of the Maritime District of the 01 area of the Admiralty's request for approval of the safety of the maritime safety guarantee.

b) The profile of the protection of the maritime safety guarantee includes:

-The proposed text approx the maritime safety guarantee by Form 19 of this decree;

-A copy of the decision-making investment.

-A copy of the building's overall layout.

-The main method of securing maritime safety.

c) self-recipient and case processing:

-The regional maritime port receives the case, check the suitcases suitcases, record receipt of records, and date the result of the results (if you receive a live profile);

-The case case is not aligned by the specified location at this point b, which is 3 days behind the date of adoption, the Port Authority Maritime Port Authority.

-At least 7 days of work since the date of receiving the full record by regulation, the Regional Maritime Port must have a written approach to ensuring the safety of the maritime safety and to send it directly or through the postal system to the investment owner.

6. Before approving a maritime safety guarantee, the Regional Maritime Port Authority took the initiative of its maritime safety guarantee, maritime navigants and other agencies, other units involved; maritime safety guarantee units carrying out the method of navigation, navigation, navigation, and safety. Maritime safety guarantees have been approved by the decision of the investment owner.

7. Vietnam Maritime Service directed, instructs the Maritime Port Authority to oversee the implementation of the approved maritime safety guarantee.

Item 2

THE OPEN, CLOSED SEA PORT, HARBOUR, PORT BRIDGE AND THE WATERS, WATERS

What? 15. The conditions announced the opening of seaports, docks, port bridges, buoys and water areas, waters

1. The seaport, the harbour, the port bridge and the waters, the waters have been recused to take into the prescribed use.

2. The investment owner has full profile, prescribed papers at Article 17 and Article 18 of this decree.

What? 16. Authority to open, close seaports, docks, port bridges and water districts, waters.

1. The Minister of Transport for Transport opened, closing the seaport.

2. Vietnam ' s Department of Maritime Affairs announced the opening, closing of the harbour, the port bridge, the buoy, and the waters, the waters.

What? 17. The procedure of opening the seaport

1. The owner of the direct deposit or through the postal system to the Vietnam Maritime Service, the Ministry of Maritime Affairs, announced the opening of the seaport, including the following papers:

a) The proposed text opens the sea port by Form 20 of this decree;

b) The completion of the completed seaport for the sea port completed the construction of the construction included with a full-face, vertical projection, and a cross-section of the port process; for outdoor oil ports, not requiring a vertical and cross-section of the surface. At the port side;

c) The editorial recording between the investment owner and the agencies or organizations has jurisdiction over the results of the obstacle survey at the bottom of the waters before the port bridge and the seaport, except for offshore oil ports;

d) Maritime notification of seaports and waters in front of the port bridge accompanying the container; for offshore oil ports, maritime notification of the safe zone of offshore oil ports;

) The audit text, confirmation of the contents of the report and the request of the decision to approve the environmental impact assessment report;

e) The experimental text of the fire department and fire extinguiking.

2. The opening of the sea port is as follows:

a) The Vietnam Maritime Service receives the profile, checks the suitcases ' suitcases, receipt of receipt and date of a result of the result (if receiving a direct filing) and the prescribed fee; the owner announces the name in the case of an unsuitable seaport name. regulation;

b) At least 7 working days, since the date of a valid filing, the Vietnam Maritime Service is responsible for the opinion of the Provincial People's Committee, which has a port and has a written proposal for the Department of Transportation to announce the port of the sea with the prescribed records at Clause 1. This.

c) At least 03 working days, since the date received the proposal text of the Vietnam Maritime Service, the Department of Transport announced the opening of the seaport by Form 28 of this decree and sent to the owner of the investment through the postal system or investor to take online. It ' s at the Ministry of Transportation.

What? 18. The procedure announced the opening of the harbour, the port bridge and the waters, the waters

1. After the completion of the construction of the harbour, the port bridge, the waters, the waters, the owner of the direct payment or sent through the postal system to the Vietnam Maritime Service, the Vietnam Maritime Service recommended the opening of the harbour, the port bridge, the waters, the waters.

2. The proposed filing opens the harbour, the port bridge and the waters, the waters include:

a) The text of the proposal published under Form 21 of this decree;

b) The record receipt for bringing the completed construction to the use was accompanied by a fully completed drawing, vertical projection, and a cross-section of the harbour work, port bridge, and water, water;

c) Maritime notification accompanied by the vessel of the seaport branch to the ship, departing the harbour, the port bridge and the waters, the waters; the receipt of the results between the investment and the agency, the organization with authority on the results of the water bottom survey results before the dock. the port, the port bridge and the waters, the waters;

d) The audit text, validation of the contents of the report and the request of the decision to approve the environmental impact assessment report;

The text of the fire and the fire;

e) A copy of a document that recognizes the harbor security as prescribed.

3. Preprocessor and Case processing:

a) The Vietnam Maritime Service receives records, checks the suitcases suitcases, record receipt of records, date of return returns (if receiving direct records) and regulatory fees;

b) The case case is unsuitable, the slowest of 3 working days, since the date of the filing, the Vietnamese Maritime Service instructs the completion of the prescribed profile at Clause 2.

4. At least 03 days of work, since the date received the prescribed record at clause 2 This, the Vietnam Maritime Service announced the opening of the harbour, the port bridge, the waters, the waters under Model 29 of this decree and sent to the owner through the postal system or owner. A direct visit to the Vietnam Maritime Service.

What? 19. The notification takes another building into use

1. After the completion of the construction of another construction in the regulatory seaport waters at Article 12 of this Decree, the owner of the investment is responsible for submitting directly or sent through the postal system to the Maritime Port and the Marine Safety Security unit in the area. where the construction site for the construction of the 1-order profile that brings the work into use includes the following papers:

a) The notification text takes the work into use by Type 22 of this Decree;

b) The receipt of the delivery or copy of the decision taken or the decision taken by the agency with the authority on the use of the work.

2. The investment owner is responsible for announcing the information about bringing the process into the use of the regulation at Clause 1 Article on the mass information of the three consecutive times.

What? 20. Marine closure.

1. The Port of the Sea is considered to be closed in the following cases:

a) For the reason for defense of defense, security or other special reasons;

b) The port is no longer qualified by regulation;

c) Other cases on the recommendation of the investment owner.

2. The procedure of closing the seaport:

a) The procedure of closing the seaport at the point of paragraph 1 This Article:

-In case of emergency, the Department of Transportation decided to close the port on Form 30 of this decree and report the Prime Minister;

-Other cases, the five-day delay of work, the Department of Transport held the opinion of the authorities on the closure of the seaport and the publication of the seaport by Type 30 of this decree; the case did not agree to specify the reason.

b) The procedure for the construction of the specified sea port at point b and Point 1 This Article:

-The offer to submit directly or send through the postal system to the Ministry of Transportation in accordance with Form 23 of this decree proposes to the publication of the port of the sea.

-Profile and file processing:

+ The transport ministry receives text, checks the suitcases of the text, receipt of receipt and date of the resulting return date (if the file is directly received);

+ The case of text is not suitable, at least 01 working days, since the date of the adoption, the Ministry of Transport provides the complete file for the completion of the prescribed profile.

+ At least 05 working days, since the date received the recommended text, the Department of Transport held the opinion of the visible bodies of the seaport and the publication of the seaport under Form 30 of this decree and sent the proposal to close the port at sea. through the postal system or the proposal to close the seaport to receive directly at the Department of Transport; the case does not agree to specify a reason.

What? 21. The announced closure of the harbour, port bridge, pontoon and water area, waters

1. The harbour, port bridge, marina and water area, the waters in the seaport waters are considered, announced closed in the following cases:

a) The harbour, the port bridge, the buoy, the water zone, the water zone no longer exists or is not eligible to operate on the recommendation of the investment owner or the Port Authority of the Regional Maritime Service;

b) The harbour, the port bridge, the buoy and the water area, the operating waters are not effective, at the recommendation of the investment owner.

2. The procedure of closing the harbour, port bridge, floats and water areas, waters:

a) The investment owner or Port Authority of the Regional Maritime Service filed directly at the Vietnam Maritime Service or sent through the postal system 01 text that offers to close the port, port bridge, buoy, water zone, water area under Form 23 of this Decree.

b) Identification and case processing:

-Vietnam Maritime Service receives text, checks the suitcases of the text, receipt of receipt and date of the resulting return date (if receiving live records);

-Case of unsuitable filing, 1 day delay of work, since the date of the filing, the Vietnam Maritime Service instructs the completion of the prescribed record at the Point of Point.

-At least 7 working days, since the date received the recommended text, the Vietnam Maritime Service organizes the opinion of the visible bodies (if necessary), the decision to close the harbour, the port bridge, the buoy, and the waters, the waters under Form 31 of this decree and send the person to the offer via the postal system or the recommended person to receive directly at the Vietnam Maritime Service.

What? 22. temporarily do not allow boats to enter, leave the harbour, port bridge, floats and waters, waters.

1. In case for reasons of ensuring maritime safety, maritime security, environmental protection or other emergency reasons, the Director of Maritime Port decided not to allow ships to enter, leave port, harbour, port bridges, floats, and waters, waters.

2. When the reason not for the ship to enter, leaving has been recoverable, the Director of the Maritime Port decided to cancel without allowing the ship to enter, leaving the seaport, the harbour, the port bridge, the buoy, and the waters, the waters.

3. Shortly after the decision not to allow the ship to enter, leave the seaport or cancel the decision not to allow the ship to enter, leave the port, director of the Maritime Port Authority must report the Vietnam Maritime Service; at the same time, inform the ship owner or agent. of the ship's owners and specialized state administration agencies at the seaport.

What? 23. Public port waters and the management area of the Maritime Port Authority

1. Vietnam Maritime Service organizes a profile to present the Department of Transportation review, which announces the seaport waters and the management area of the Maritime Port Authority, which includes:

a) The proposed text of the waters of the waters of the sea;

b) The written opinion of the Provincial People ' s Committee is relevant;

c) The ship defines the limits of seaport waters and the management area of the Maritime Port Authority.

2. The specified profile base at Clause 1 This article, the Ministry of Transport considers, announces the seaport waters and the management area of the Maritime Port Authority.

What? 24. Ship operations management at port, inland marina and fishing port in the waters of the sea port.

1. The port, inland marina in the seaport waters is only allowed to take on the Vietnamese boat operating inland.

2. The agency has the authority to organize the investment management of the port construction, inland marina, fishing port in the waters of the seaport under the provisions of the relevant legislation; before responding to the investment in terms of the agreement allowing the investment to build port, marina. Inland, the fishing port in the seaport waters must take a written opinion of the Regional Maritime Port Authority.

3. The Minister of Transport regulates the management of ships ' operations at port, inland marina, and fishing port in the waters of the seaport.

What? 25. Maritime port list, seaport watermap and maritime flow.

1. Ministry of Transport for the construction of the Maritime Seaport and Maritime Navigation Service for the Protection of Maritime Safety at the recommendation of the Director of the Bureau of Maritime Affairs of Vietnam.

2. Vietnam Maritime Bureau built, announced and regularly updated the port list and maritime flow.

3. The cost of building seaport lists, maritime flows and construction, the release of seaport waters, navigation flows from state budgets and other legal sources of funding.

What? 26. Maritime Intelligence

1. Maritime announcements include announcements on the safety of safety of the seaport, offshore oil and gas ports, maritime flows, maritime signaling, dangerous obstacles, marine construction sites, sea zones limiting maritime activities, maritime activities, and other areas of the sea. information about security, meteorological conditions, hydrology, earthquakes, tsunamis, epidemics, search, rescue and other necessary maritime instructions.

2. The Minister of Transport provides detailed regulation of maritime announcements regarding the safe guarantee conditions of the seaport, offshore oil and gas ports, maritime flows, maritime signals, dangerous obstacles, marine construction sites, marine parks, and other areas of the sea. The waters restricted navigation, search, rescue, and other necessary maritime instructions; the organization built and announced maritime intelligence in the following principle:

a) The Vietnam Maritime Service carried out the state management of the publication of maritime notification by regulation;

b) Maritime safety guarantee units announced maritime notification for information related to navigation management and maritime signaling, seaport mining, offshore oil port, harbour, port bridge, marina, anchorage, anchorage, and port. the transfer area, the storm zone, the return zone, the navigable zone, the inspection zone, the seaport branch;

c) Maritime service currently announces maritime notification for transmission information, maritime guidance information related to maritime operation such as information on seaport waters, a limited area of marine activity, shipwrecked property, and maritime operations. in the sea, safe, security, meteorological conditions, hydrology, earthquakes, tsunamis, epidemics, search, rescue and other maritime announcements, except for the maritime announcements specified at this point b.

3. The ministries, the relevant sector within the functional range, are responsible for the specific regulatory responsibility of the establishment and the publication of announcements, security information, meteorological conditions, hydrology, earthquakes, tsunami, medical, epidemics, and specialist information. The other sector is related to human activity and ship ships in the waters of the seaport and in the waters of Vietnam.

4. Vietnam Maritime Electronic Information Company performs the transmission of notifications, maritime information by regulation.

What? 27. Maritime Report

1. Maritime signaling includes visual recognition signals, light, sound, and radio signals set up to guide the operation of the ocean liner.

2. The investment of the maritime signaling construction is carried out by regulation at this Decree and other provisions relevant to the law.

3. Maritime safety guarantee units are responsible:

a) The management of maritime signaling is delivered by regulation;

b) The temporary setup of maritime signage signals was delivered.

4. The organization, the individual who manages the exploitation of seaport branches, dedicated streams, waters before the port bridge or conducting surveys, construction, extraction of the work for seaport waters and Vietnamese waters is obliged to establish maritime signaling on the islands. the flow and the water in the standard, the technical standard has been published.

5. Managing responsibility, operating maritime signaling:

a) The Vietnam Maritime Service organizes the implementation of the state administration of maritime signaling;

b) The maritime safety guarantee organization manages, operates and is responsible for the operational safety of the maritime signaling system assigned;

c) The organization, the individual managed, operates and is responsible for the operational safety of the maritime report by the organization, the individual established.

6. The Minister of Transport provides details on the operational management of the maritime signaling system, building, announcing the technical standard of maritime signaling.

What? 28. The procedure for shipping signs into use

1. The primary and directly sent or sent through the postal system to a regulatory authority stipulated at point b and Point 2 Article 26 This Protocol 1 sets the proposed navigation signal into use.

2. The proposed record for bringing the maritime signal to the use includes:

a) The text offer to give the navigation signal to the use by Type 32 of this decree;

b)

c) The survey map and navigation of the maritime flow obstacle to maritime signaling on newly built maritime streams due to unit measurements, the survey performed and together with the owner of the investment responsible for the validity of the survey records;

d) Technical design granted authority approval.

3. Preprocessor and Case processing:

a) The authority has the authority to take on the case, check the suitcases of the profile, the receipt of receipt and date of the resulting return date (if the file is directly received);

b) The case case is unsuitable, the slowest of 3 working days, since the date of the filing, the authority has the authority to guide the owner to complete the procedure in accordance with the provisions of this Article 2;

c) At the end of the five working days, since the date of receiving sufficient records in accordance with Article 2 of this Article, the authority has the authority to make decisions about the introduction of the maritime signal into use, published daily maritime notification, and sent directly or sent through the postal system. It's for the investment owner.

Section 3

MANAGEMENT, SEAPORT EXTRACTION AND MARITIME FLOW

What? 29. The principle of management, port mining

1. The management of seaport mining is carried out in accordance with the regulation of the law, ensuring effective investment and avoidance of escape, waste.

2. The investment builder of the seaport, the harbour, the port bridge that determines the form of management, mining the seaport, the harbour, that port bridge in the following principle:

a) The coastal seaport structure is invested with the state ' s capital being leased for partial or whole; the source from this leasing is the source of the state budget, which is used by the rule of law on state budgets and state budgets. It ' s a priority to invest in the development of seaport structures.

b) The port infrastructure structure is invested with other capital sources that are not defined at the point of this paragraph due to the self-determination formalism of management, exploitation in accordance with the rule of law;

c) The 5-year period of the organization that regulates the structural quality of the seaport infrastructure and the publication of maritime notification by regulation.

What? 30. Principles of Management, Use of Maritime Flow

1. The Ministry of Transport directed the Vietnam Maritime Service organizing state management of development planning, construction investment, which announced the use and management of maritime flow exploitation within the country.

2. Maritime safety guarantee units carry out the management of the transport of public maritime flows delivered.

3. Maritime goods used by the investment business organization using the use of management organization; the annual periodic survey of the case of the publication of the publication of the maritime daily notification; the case of a marine flow that specializes in turning into a public maritime flow. is considered to return a portion of the investment capital under the provisions of the Ministry of Finance.

What? 31. Investment Construction Construction Investment

1. The temporary seaport infrastructure that includes the buoy terminal, anchorage, transport area, which is set to operate at a certain time but maximum not more than 10 years.

2. The conditions of establishing a temporary seaport infrastructure:

a) The existing seaport infrastructure does not meet the urgent need in the region;

b) Serve the necessary, temporary requirements of a project, the relevant work.

3. Vietnam Maritime Service agreement on the investment of the construction of the temporary seaport infrastructure on the basis of the investment of the investment holder and the Port Authority of the Regional Maritime Service.

4. The procedure recommended establishing a temporary seaport infrastructure;

a) The owner of the direct or through postal system to the Vietnam Maritime Service of Vietnam Office proposed to establish a temporary seaport structure under Form 24 of this decree accompanied by a record of investment, exploitation of seaport infrastructure;

b) At least 05 working days, since the date received the recommended text, the Vietnam Maritime Service has a written approval to establish a temporary seaport infrastructure structure, the unapproved case must specify a reason and send the document to the owner through the postal system. It ' s the primary or the direct recipient of the Vietnam Maritime Service.

5. The investment of construction and bringing the temporary seaport infrastructure into use is made as specified in Section 1 and Section 2 of this Chapter.

What? 32. Product, maritime assurance utility service

1. Products, maritime assurance utility services include:

a) Products, services that guarantee maritime safety:

-Maritime signaling system.

-Operations of the public maritime flow system;

-Survey, publish maritime announcements for public maritime flows;

-Dredging, maintaining the flow of public navigation to ensure the depth of the flow in accordance with the design of the original design approved by the authority of the authority (not including the investment dredging work);

-Fix and upgrade the navigation system.

b) Products, services of navigable navigation;

c) Products, management utility services, shipping of coastal information systems;

d) Products, other maritime assurance utility services according to the rule of law.

2. The Department of Transport organizes the bidding, ordering, planning for the units to implement the product offering, the specified maritime guarantee service.

What? 33. Charge, Maritime Charge

1. Charge, fees associated with the management, exploitation of use of seaport and maritime flows are made in accordance with the provisions of the law of fees, fees.

2. The Ministry of Finance regulates the rate of maritime guarantee fees for the seaport by self-invested, mining to ensure maritime safety, maritime security and environmental pollution prevention after unification with the Ministry of Transport.

Section 4

THE MANAGEMENT EXPLOITATION OF THE HARBOR INFRASTRUCTURE, THE PORT BRIDGE IS INVESTED IN STATE CAPITAL.

What? 34. The principle of managing the mining infrastructure structure, port bridge

1. The port infrastructure structure, the state capital investment bridge is leased to each part or the whole.

2. The selection of the organization, the individual who employs the mining of the harbour infrastructure, the state capital investment bridge (later called the lease) is made in accordance with the following principle:

a) For the structural infrastructure of the harbour, the port bridge was entered into the exploitation, used before 1 September 2006 by the Prime Minister.

b) For the harbour infrastructure, the port of the port entered into the exploitation, used on 1 September 2006 to be made available for the statutory exploitation of this Decree and other provisions relevant to the law.

What? 35. The authority decides to lease down the harbor infrastructure, the port bridge.

The decision to invest in the construction of the seaport, the harbour, the port bridge is the authority of the authority to approve the lease of the exploitation and the option of the tenant to exploit the harbor infrastructure, the port bridge.

What? 36. The lease for the lease of the harbor infrastructure, the port bridge.

1. The lease is responsible for the planning of leasing the infrastructure of the harbour, the port bridge. The main content of the method includes:

a) The name of the organization for rent;

b) Category and property technical properties for rent;

c) Property value for rent;

d) The deadline for rent;

The lease for the harbor infrastructure, the port bridge has the authority to decide;

e) Conditions for rent;

g) the ability to recover investment;

h) the powers, obligations, and responsibilities of the tenant and the lease;

i) The form of the lease option;

) The form of contract;

l) The time for the choice of the tenant for the extraction.

2. For the harbour infrastructure structure, the port bridge is being built on construction, before the input is used, the lease has to establish a lease.

What? 37. The rental price for mining infrastructure, port bridge

1. The lease for the lease of the harbour infrastructure, the port bridge is made in accordance with the regulation of the price law. The Minister of Finance decided to price the lease of the harbor infrastructure, the port bridge on the basis of the investment owner's recommendation or the approval agency for the lease of the harbor infrastructure, the port bridge.

2. The lease for the lease of the harbour infrastructure, the port bridge must be determined by the decision to invest in the port of the harbour, the harbour, that port approx, but is not lower than the price that was decided by the Minister of Finance.

3. The lease for the logging of the harbour infrastructure, the port bridge is defined on the basis of the following main content:

a) The fixed price is the price on the basis of the annual asset depreciation rate, loan repayment, and interest (if available), the cost of serving management management of the dock infrastructure, the rental port and the other costs under the regulation. The time of using the port infrastructure, the port bridge to charge for a maximum lease is 50 years. The rental price for the infrastructure of the infrastructure is not less than the fixed price.

b) The rate of change is the price the percentage (%) of the revenue of the annual rental property;

c) Property value for rent;

d) Property technical properties for rent;

) Conditions for rent;

e) The powers, obligations, and responsibilities of the parties;

g) Other necessary conditions.

4. The lease on the port floor structure, the port bridge is responsible for the decision to determine the port of the seaport, the harbour, the port bridge review, approx the price adjustments for rent in the following cases:

a) A five-year term;

b) When Vietnam ' s inflation rate is over 15% /year;

c) Other cases by the side of the lease or the proposed lease and are determined by the decision to invest in the investment.

What? 38. The option of selecting the tenant exploitation of the harbour infrastructure, the port bridge

The tenant exploited the harbor infrastructure, and the port bridge had to adequately respond to the following conditions:

1. There is legal status in accordance with the rule of law;

2. There is experience management experience at sea port;

3. With financial capacity;

4. There are sufficient manpower to manage the exploitation of the harbour infrastructure, the port bridge will rent;

5. There is a structural exploitation of the harbor infrastructure, the highest effective port bridge;

6. Has the highest rent and no less than the rental price in the rental rental plan, the port bridge has been approved.

What? 39. The option of the option of renting out the harbor infrastructure, the port bridge.

1. Form, sequence, procedure selection procedure implementation by regulation at this decree and the relevant regulations of the law on bidding.

2. The Ministry of Transport for Transport, in coordination with the agencies involved in construction, issued a sample of records of the lease for the lease of the harbour infrastructure, the port of which is invested in state capital.

What? 40. The lease for the lease of the harbor infrastructure, the port bridge

1. The leasing lease of the harbour infrastructure, the port bridge must be made under contract due to the two sides of the signing agreement. The lease for the lease of the harbour infrastructure, the port bridge must be built on the basis of the option of the lease on the lease which has been approved and in accordance with the relevant regulations of the law.

2. The lease includes the following main content:

a) Name, address, account number of the lease;

b) Name, address, bank account number;

c) The deadline for rent;

d) The price for rent and conditions, method of payment;

the right and the obligation of the side to rent and to hire;

e) Property portfolio;

g) The condition, the order to adjust the lease for lease;

) Resolve disputes.

What? 41. Use the rental source for mining infrastructure, port bridge.

1. The revenue source for the rental of the harbour infrastructure, the port bridge is preferred to use on the purposes, the following cost:

a) The maintenance of the harbor infrastructure, the port bridge is the lease of the lease.

b) Upgrade, renovation, expansion of seaport infrastructure;

c) Investment building new ports, bridges and other purposes for the development of the maritime industry;

d) The cost of the method and organization option organization;

The cost of the rental party in the management operation exploited the seaport infrastructure;

e) Other purposes and expenses.

2. The Ministry of Finance chaired, in collaboration with the Department of Transportation specifically provided by the financial mechanism, submitted and used the revenue source for the infrastructure of the harbour infrastructure, the port of which was invested in state capital.

What? 42. re-lease the harbor infrastructure, port bridge.

1. The lease has the right to the organization, the Vietnamese individual and the foreign country renting out a portion of the dock infrastructure, the port bridge that has been leased by regulation at this decree and must be approved by the text of the lease before the lease is done.

2. The lease of the harbor infrastructure, the port bridge is made through the contract. The contract for the lease of the harbour infrastructure, the port bridge must guarantee the principle of not contrary to the content of the lease signed by the lease.

3. The lease must take full responsibility in advance of the lease on its lease.

3. The lease to the harbour infrastructure, the port bridge is responsible for the management of the harbor, the port bridge under the rule of law, the lease and the uncontinued lease of the harbor infrastructure, the port bridge.

What? 43. The management organization exploits the harbor infrastructure, the port bridge.

1. The decision to invest in the construction of the seaport, the harbour, the port bridge is responsible for organizing the structural exploitation of the harbor infrastructure, the port bridge.

2. The agency, the organization that is entrusted with the exploitation management of the harbor infrastructure, the port bridge has the following functions, duties and powers:

a) Building a management mechanism that exploits the infrastructure of the harbor, the port bridge that decides to invest in approval and organization;

b) State property management and oversight of the mining operations of the harbour infrastructure, port bridge, and port.

c) Monitoring the implementation of the extraction lease;

d) The organization performed the inspection, monitoring of the structural exploitation of the harbour infrastructure, the regular and periodic port to ensure the use of the harbour infrastructure, the right harbour bridge, the specification of the regulations;

The organization for the lease of the harbor infrastructure, the port bridge.

e) The tenant adheres to the right to comply with the process of exploitation, maintenance, and use of the harbour infrastructure, the port bridge, the prescribed port; the tenant case does not comply, report the investment to resolve;

) Coordinated with the exploitation of cases of damage to the structural failure of the harbor infrastructure, the port bridge; the organization overseeing the repair, rectify the structural failure of the harbor infrastructure, the port bridge within the management range;

h) timely notice for the specialized state management agency when the detection of seaport depth, water before the port bridge, ship rotation, maritime signage system and other auxiliary works did not guarantee the technical design that was granted to the sea. the authority to approve;

i) Continue to propose and propose a design, construction, renovation, expansion, upgrade of the development of the harbour infrastructure, the port bridge when required by the tenant or at the recommendation of the specialized state governing body;

l) Monitoring the protection of the prevention, fire, explosions, environmental hygiene, security of order and safety of labor within the seaport, harbour, port bridge;

l) General of the exploitation of the harbor infrastructure, port bridge; periodic reporting of investment and regulatory agencies;

m) perform other tasks assigned.

Section 5

PROTECT THE SEAPORT AND MARITIME FLOW

What? 44. Protection of seaport and maritime flow

1. Protection of seaport works and navigation flows including safety assurance activities and longevity of seaport works, docks, harbors, buoys, transport zones, maritime flows, maritime signals, sea lamps, coastal information systems, and other areas of the sea. Other structures associated with management, exploitation of seaport infrastructure; prevention measures, prevention and disposal of structures that pose a danger to the lives of the people, damage state property and the people's property.

2. The scope for the protection of seaport and maritime flow includes: construction, construction, air, and ground protection, the lower part of the ground, the lower part of the water, which is related to the safety of the building and the safety of marine operations.

3. In addition to the protection of seaport and maritime flows, construction and all other activities are not affected by the safety of the seaport and maritime flow.

What? 45. The principle of protection of seaport work and maritime flow

1. The management, exploitation, repair and protection of the seaport works, the flow of navigation must follow the rule of law and the technical regulations have been enacted by the state authority, announced.

2. The agency, the management organization, the exploration of the seaport, the maritime flow is responsible for ensuring the technical safety of the building; the case of detection of a damaged site, which threatens maritime safety, maritime security, environmental protection, and security. There is a trial, timely correction; there is room, anti-natural disaster, to limit the damage to the building.

3. Building construction, use and extraction of space, land, water within the protection range of seaport and maritime flows or beyond the protection range of seaport and maritime flows but affect the safety of the work, security, and security. The entire maritime must be authorized by the state authority over the protection of seaport works and maritime flows permitted by law.

4. When the detection of seaport and shipping flows violated or is at risk of loss of safety, the person who found a responsibility to inform the Port of Maritime or local government, the unit management unit, the nearest known authority authority knows. For a timely trial.

What? 46. Responsible for protection of seaport and maritime flow

1. The Ministry of Transport is responsible for organising the protection of the seaport and maritime flow.

2. The ministries, the Provincial People ' s Committee, coordinated with the Department of Transport for the protection of the seaport, the local maritime flow.

3. Agency, organization, individual responsible for the approval of laws of the protection of seaports and maritime flows.

4. The Ministry of Transport presided over, in coordination with the ministries, the construction industry that protects the seaport and maritime flows, the Government considers, the decision.

What? 47. The banned acts in the protection of seaport and maritime flow

1. Destroy, dismantle, theft of components, accessories, supplies, building materials, coastal information systems, maritime signaling, other equipment of seaport works and maritime flow.

2. LIndia occupies the seaport and maritime flow protection range.

3. Waste of hazardous substances damaged, affecting the durability and longevity of seaport work and marine flow.

4. Implemendation of the acts that interfere with the management, exploitation, use, protection of seaport and maritime flow.

5. Train control and other means of regulation that affect the quality of seaport and maritime flow.

6. Other acts that affect safety in management, harnage of seaport work and maritime flow.

What? 48. Treatment of violations in seaport work protection and maritime flow.

1. All violations of seaport work and maritime flow are processed under the rule of law.

2. Organization, individuals who conduct a violation of the law on the protection of seaport and maritime flows, depending on the nature, level of violation and consequences that occur will be subject to administrative or criminal liability access: if causing damage, organization, and individual remains. You have to pay for damages in accordance with the law.

Chapter III

MANAGEMENT OF MARITIME OPERATIONS AT SEA PORT AND MARITIME FLOW

Item 1

SHIP THE BOAT ARRIVES AND LEAVES THE SEAPORT

What? 49. General requirements for ships entering sea port

1. All types of spacecraft that do not distinguish nationality, tonnage and purpose use are only allowed into the seaport when there is sufficient maritime safety, maritime security, environmental pollution prevention and other conditions under the rule of law.

2. All types of ships that have been operated only in seaports, harbors, ports have been announced to be used and suited to the capacity of seaport, harbour, and harbour.

3. The case of foreign ships operating in the waters of Vietnam is not part of the port waters, having to proceed to the harbour, entering and leaving the port at the Port Authority of the Maritime Service. The maritime port is responsible for overseeing the operation of ships ensuring maritime safety, maritime security and environmental pollution prevention.

What? 50. The procedure to the seaport for foreign ships performs special operations.

1. For foreign military vessels, foreign boats to Vietnam at the invitation of the Government of the Socialist Republic of Vietnam and ships engaged in search, rescue in Vietnamese waters, the procedure is carried out under the rule of the Republic of Vietnam. It's the law.

2. For foreign ships that have a motor powered by nuclear power or a radioactive transport vessel:

a) The person who does the procedure directly or sent through the postal system to the Ministry of Transport for Text Transport under Form 25 of this decree suggests allowing foreign ships to have a motor powered by nuclear power or a radioactive transport ship to the port. the sea, accompanied by a copy of the ship's registration certificate and a copy of the safety of marine safety, maritime security and pollution of the ship's environment;

b) In the 10-day period of work, since the date of receiving valid paperwork, the Department of Transport reports the Prime Minister review, approv. and has a return text on allowing foreign ships to have a motor powered by nuclear power or transport vessels. Transfer of radioactive material to the seaport.

3. The foreign vessel to the port to carry out activities on scientific research, fishery, rescue, salvage of the sinking property, cross-breeding support in the seaport waters, training, culture, sports, construction of marine construction, exploration, exploration, mining, exploration and exploration. Resources and other environmental activities in the Vietnam Sea are required by the approval of the competent authorities of Vietnam.

The unauthorised case or the approved document of the competent authority does follow the following procedure:

a) The person who does the procedure to send directly or through the postal system to the Vietnam Maritime Service 1 case:

-Text on Form 26 of this decree offering to grant permits or approval for foreign ships begging to sea port;

-The copy of the documents, documents related to the purpose, boat time to the seaport.

b) The Vietnam Maritime Service received and examined the suitcases of the profile, the notice of returning the case in the unsuitable case of the content, procedure; writing papers in the case directly receiving the case;

c) The delay of 7 working days from the date of receiving a valid profile, the Vietnam Maritime Service has an answer, directly or through the postal system to the person as the procedure, after the following opinion of the following agencies:

-The Ministry of Agriculture and Rural Development for foreign ships performs the fishery operation;

-The Ministry of Natural Resources and Environment for foreign ships carrying out surveys, exploration, resource extraction and environmental protection;

-Ministry of Culture, Sports and Tourism for foreign ships that carry out cultural, sports, tourism, and cultural activities.

-The Ministry of Science and Technology for foreign ships performs scientific research.

What? 51.

1. Before the boat was expected to arrive at the port, the officer was required to send the Maritime Port Authority where the ship arrived to the port by Type 01 of this decree and the Periodic Cargo of the Protocol was issued at the 6th Form of the Decree to grant customs to the port customs. For foreign ships to the seaport to perform a specific operation stipulated at Article 50 of this Agreement must be published or approved by the authorities of the competent authorities of Vietnam.

2. Time of message:

a) For all types of ships: the slog of eight hours before the train is expected to arrive at sea port, except for the ship specified at this point b;

b) For military ships, ships with nuclear power powered by nuclear power, ships carrying radiation, ships arriving at the invitation of the Government of the Socialist Republic of Vietnam: 24 hours of delay before arrival at sea port.

3. The cargo ship has a total capacity of 500 GT or more, passenger ships and mobile platforms off the international route that must send the Maritime Port Security Service to a sample at the No. 02 pattern slog 24 hours before the arrival is expected to port. Sea.

4. The announcement of the boat to the seaport stipulated at Section 1 This is exempt from the following ships:

a) The inland waterway, the service ship, the fishing vessel and the military ship of Vietnam;

b) The other boat to the seaport in the following cases:

-Emergency crew, passengers on board.

-Out of the storm.

-Deliver him, the property, the ship that was saved in the sea.

-Overcome the incident, the maritime accident;

-Other levels of urgency.

c) For cases of regulation at this point b, the captain must inform the Port of Maritime Affairs in the area of knowledge of the cause, the purpose of sailing to the seaport.

What? 52. The wreck of the boat to the seaport.

1. At least 2 hours before the train is expected to arrive at the target destination, the carrier must report to the Port of the Maritime Service which is exactly the time of the arrival of the train. In the case of the sick, the dead, the rescuer is either on the sea or someone hiding on the ship, in the last report the owner must notice the name, age, nationality, condition of disease, the cause of death and other related inquiries.

2. For the entry boat entry, after receiving the confirmation of the procedure as the procedure, the Maritime Port Authority is required to inform the other specialized state governing bodies to coordinate.

3. The identification of boats to the specified sea port at Clause 1 and Clause 2 This does not apply to the following ships:

a) inland waterway, ship of service, fishing and military vessels Vietnam;

b) The other boat to the port in the following cases:

-Emergency crew, passengers on board.

-Out of the storm.

-Deliver him, the property, the ship that was saved in the sea.

-Overcome the incident, the maritime accident;

-Other levels of urgency.

What? 53. The ship is sailing into the seaport.

1. The director of the Maritime Port Authority is responsible for the designation of anchorage for ships in the waters of the port waters at 02:00 hours, since the arrival of the ship's body has arrived at the target. In case of entry boat entry, soon after deciding to drive the ship into port, the Maritime Port Authority must notify other specialized state management agencies about the time and location designated for ships docked at sea ports.

2. Director of the Port Authority based on the type of ship, ship size, type of cargo, port bridge and the port plan of the port, the navigable ship plan designated for the ship's designation for the anchorage to be loaded, unloading cargo, and passengers. The replacement of the ship's anchorage was decided by the Director of the Maritime Port Authority on the basis of the ship's captain's recommendation.

3. The navigation of the boat into the seaport is carried out under the daily ship ' s navigation plan of the Maritime Port Authority. The navigation of the ship in the waters of the harbour was carried out by the Order of the Order of the 13 Decree. In case of emergency, the Director of the Maritime Port Authority has the power to run boats with VHF, telephone or other suitable communications facilities and must be responsible for its operations.

What? 54. Location, deadline and profile, paperwork as boat procedure into sea port.

1. Vietnam boat operating inland:

a) Location as the procedure: the headquarters or the Office of the Representative of the Port of Maritime Affairs;

b) The duration of the procedure as the procedure as the procedure: the slog is at 02:00, since the ship had docked at the port bridge or 04 hours since the ship had docked at other positions in the port waters;

c) The deadline for navigation of the Maritime Port:

-For the ocean liner: 1 hour delay, since the procedure as the procedure has submitted, the publication of all the prescribed papers below:

+ The papers must submit included (main version):

* 01 Common (Form 3);

* 01 List of crew (Model 04);

* 01 List of passengers (if available-Form 05);

* Port permit.

+ The papers must be published included (main version):

* Ship registration certificate;

* The ship's technical safety certificates are prescribed;

* List of boats;

* Certificate of the crew by regulations.

-For other types of ships, the papers must submit included and appear in accordance with the relevant law regulation.

d) The employment of the port for the Vietnamese ship operates the domestic route stipulated by the Maritime Port Authority. Other specialized state management agencies at the port of the sea do not carry out this procedure.

2. Vietnam boat and foreign boat entry:

a) Location as a procedure: a headquarters or a representative office of the Port Authority of Maritime Affairs, except for the specified cases at this point b.

b) In the cases where the procedure is done at the ship by the following prescribed procedure, specialized state management agencies are concerned to inform the Port of Maritime and the Chief Minister to know:

-The procedure for passenger ships;

-The case has sufficient basis to doubt the authenticity of the ship ' s declaration of testing of ships or boats coming from areas of disease-related disease, animals or plants, specialized state management agencies that are involved in the development of the ship. The procedure is customary in the censure zone.

c) The duration of the procedure as the procedure for the procedure: a delay of 2 hours, since the ship was docked safely at the designated position of the Director of Maritime Port.

d) The procedure for the procedure of specialized state management agencies: no more than 01 hours, since the procedure as the procedure was submitted, published enough papers by the following regulations:

-The papers must submit included (the main version):

+ 03 Joint affidavit (Model 03) filed Maritime Port, Border Patrol, Port Customs;

+ 03 list of crew (Model 04) for Maritime Port, Border Patrol, Port Customs;

+ 01 passenger list (if available-Form 05) file Border Patrol;

+ 01 copies of the cargo (Form 06) submitted to the store customs;

+ 03 The exploit of dangerous goods (if available-Form 07) filed with the Maritime Port Authority and Port Authority;

+ 01 The ship's reserve record (Model 08) filed for the store;

+ 01 The copy of the boat baggage (Form 09) filed with the store customs;

+ 01 Maritime Health Report (Form No. 10) filed for international medical examination;

+ 01 copies of plant translation (if available-Form 11) file a plant-control organ;

+ 01 copies of animal testing (if available-Form 12) file for animal testing;

+ Permission to leave port for Maritime Port.

+ Records of maritime security by regulation at Form 02 (Maritime Service Port);

-The papers must be published included (the main version):

+ Ship registration certificate (Maritime Port Authority);

+ Certificate of the ship's technical safety by regulation (Maritime Port Authority);

+ Certificate of qualified crew (Maritime Port Authority);

+ Pasship passports or documents with equal value (window editor);

+ List of ships or papers with equal value (Maritime Port Authority);

+ The international vaccination of the boat (the medical test agency);

+ The papers are related to the cargo on the train (the port customs vessel);

+ Certificate of medical examination (medical examination body);

+ A certificate of plant-based testing, if any (plant testing authority);

+ Certificate of animal testing of the export water (animal testing agency);

+ The owner's civilian responsibility for environmental responsibility for environmental pollution, if it is an oil transport vessel, petroleum product, or other dangerous goods (Maritime Port Authority);

+ The passport, the international vaccination of the passenger (if any, when the state governing body is specialized in the required sector);

+ Maritime ship security certification (Maritime Port Authority);

For ships with a total tonnage of 200 DWT or less, the national flag of the country has a common border with Vietnam, when it comes to the seaport in Vietnam ' s border area with that country being exempt from records, papers in accordance with its own regulations. Secretary of Transportation.

3. The specialized state governing bodies are only required by the owner of the ship, the publishing of the records, documents that are related to the management function of the body under regulation at Clause 1 and Clause 2 This; after the completion of the procedure must be notified immediately. for the Port of the Maritime Service, which has not yet completed the procedure to inform and specify the reason, the way it works.

4. The ship has been the procedure for entry in a Vietnamese seaport then to the other seaport as provided for its entry under the provisions of Article 2 of this. The port of the Mediterranean Sea where the ship arrived at the Port Authority's licence to leave port, the port of the ship, where she left port, issued a joint statement to decide on the ship's operations in port; other specialized state administration agencies base port records (if possible). has) due to the relevant agency where the ship left the port previously provided to carry out his management career under the rule of law.

What? 55.

1. Slowly 2 hours before the ship leaves the harbour, the crew must inform the Port of the Maritime Service and the time the ship is expected to leave the harbour.

2. For the arrival ship, shortly after receiving the notification's notification content, the Port Authority notified the authorities of the specialized state management agencies to be aware of the procedure.

What? 56. Location, deadline and file, paper as the boat procedure leaves the seaport.

1. Vietnam boat operating inland:

a) Location as the procedure: the headquarters or the representative office of the Maritime Port;

b) The duration of the procedure as the procedure as the procedure: 2 hours delay before the ship leaves port;

c) The procedure as the procedure for the Maritime Port: at least 01 hours, since the procedure as the procedure has submitted, the publication of all the papers under the following rules:

-Papers must submit: 01 Copy.

-Papers must be included (main version):

+ The ship's certificate and certificate's expertise is changed from the arrival of the ship.

+ Articles related to the confirmation of the charge, fee, fines, or payment of debts by law.

d) The practice of leaving port for the Vietnamese ship operates domestic regulations in this section due to the Port of the Maritime Service. Other specialized state management agencies at the port of the sea do not carry out this procedure.

2. Submarine:

a) Location as a procedure: a headquarters or a representative office of the Maritime Port; individually for passenger ships, at the request of the specialized state governing body, the location as the procedure possible by that agency;

b) The duration of the procedure as the procedure for the procedure: it was delayed until 2 hours before the ship left port; the passenger ship and the carrier alone, the slog, just before the time the ship was expected to leave port;

c) The procedure for the procedure of specialized state management agencies: at least 01 hours, since the procedure as the procedure has submitted, the publication of sufficient papers by the following regulations:

-The papers must submit included (the main version):

+ 03 overall, filed for Maritime Port, port border, port customs;

+ 03 list of boats if change compared to when arrive, submit to the Maritime Port Authority, port border, port customs;

+ 01 passenger lists if changed from when to arrive, submit to the store border;

+ 01 copies of the ship's reserve to the store customs;

+ 01 copies of goods if carrying goods, submit to the store customs;

+ 01 copies of the passenger baggage (if any) submit to the store customs; individually for the luggage of passengers on foreign passenger ships to the port and then leave the port on the same trip, without adopting the customs declaration procedure;

+ The papers provided by the specialized state regulatory agencies have granted ships, boats and passengers for recovery.

-The papers must be published included (the main version):

+ Ship certificates if change is compared to arrival, Maritime Port Authority;

+ Certificate of expertise in the ship if it changes in comparison to arrival, Maritime Port Authority;

+ Guardians of the boat or paper with equal value, the passport of the passenger, the window editor;

+ The international vaccination of the boat, the passenger if changed compared to the arrival, the health testing agency;

+ Certificate of medical examination (if any), the plant-based testing authority;

+ Certificate of animal testing (if any), animal testing agency;

+ The documents related to the cargo on the train, the port customs department;

+ Articles related to the confirmation of the charge, fee, fines or payment of debts (if any) pursuits to the provisions of the law, the Port Authority or the relevant agency.

What? 57. Location, deadline and profile, paperwork as the procedure for the entry boat entry at the offshore oil port.

1. Location, profile, papers are made as prescribed at Article 54 and Article 56 of this Protocol. The procedure for the arrival of the ship, entry in the offshore oil port is considered to be the end when the ship's agent gives the state management agencies full of records, prescribed papers at the headquarters of the Maritime Port Authority.

2. Records, papers to submit and publish the regulation at paragraph 1 This is done according to the following sequence:

a) The person who does the procedure sent through the Fax machine or email to the Port Authority of the following papers:

-1 in general;

-1 list of crew members;

-01 certification of the ship's civil liability insurance on the prescribed oil pollution.

b) The Port Authority Maritime Port Authority leaves the port for the procedure as the procedure after receiving sufficient paperwork at the point of a clause.

c) At the end of 24 hours, after returning to shore, the officer was responsible for submitting the full copies of the papers submitted, the copy of the license to leave the harbour and the papers required to have a signature signature of the ship's captain and seal.

3. The provisions of this Article are also applicable to foreign ships as the craft of navigation, offshore entry in Vietnamese waters to carry out regulatory activities at Section 3 Article 50 of this Protocol.

What? 58. Free regulation, reduced procedure, leaving the seaport for special cases.

1. The service ship is carrying out the mission, the shuttle, the carrier, the dedicated vessel carrying out search, rescue, marine safety assurance, fire prevention, explosion, oil spill prevention or execution of other emergency missions that are exempt from the actions. The ship's captain leaves the port at this decree, but the captain of the ship must inform the Port of the Maritime Service in writing or by other means of information.

2. The ship into the harbour for delivery of people, property, boats rescued at sea and only to sea port for a period of no more than 12 hours is made for the procedure, departing the port once and for the Port of the Maritime Affairs of the following types of papers:

a)

b) List of members;

c) List of passengers (if available).

3. The sailing ship, the sport boat, the individual cruise ship of the individual to be exempt or exempt from the records, the papers stipulated at Article 54 and Article 56 of this decree if the ship nation carries a non-rule flag must have a profile, that paper.

4. Profile, paperwork must be submitted and published to the military ship, ship of service, fishing vessel, domestic vehicle, seaplanes of Vietnam when arriving and leaving the seaport made by the following regulations:

a) The local aquatic means by law of the inland waterways;

b) The fishing vessel is in accordance with the regulation of the law of fisheries;

c) Military vessels, ship ships, seaplanes, and other waterways follow the provisions of the laws of maritime and other provisions relevant to the law.

What? 59. The ship condition leaves the seaport

1. The ship was only allowed to leave the port after having completed the procedure at this decree and was cleared of port by the Director of the Port Authority, except for the specified cases at Clause 2 and Clause 3 This.

2. The boat is not allowed to leave port in the following circumstances:

a) The spacecraft did not have enough of the ship ' s papers and documents on maritime safety, maritime security and the prevention of environmental pollution according to the regulation;

b) The actual water is higher than the chumbo limit allows or ships to tilt more than 8 degrees in the free float state or the shell that is actually not watertight;

c) The cargo boat leaves, grain or superschool, supergravity, dangerous goods, land-based goods without sufficient precautions necessary, in accordance with the principle of transport of those types;

d) The ship has not been repaired, supplematuation of maritime safety, maritime security, environmental pollution prevention at the request of the Maritime Port Authority, maritime inspectors or requests, the other reasonable offer of specialist state administration agencies, and the United States. It's relevant;

There is another risk of threatening the safety of ships, people, goods on ships and marine environments;

e) There has been a warrant for the arrest, to hold the vessel on the decision of the court or the competent authority under the rule of law.

3. The ship ' s case was granted permission to leave the harbour that remained in port for more than 24 hours from the time of receiving the permit to leave port, that ship had to redo the procedure to leave the port under regulation at Article 56 of this decree.

4. The case of boat ships entering the harbour and only reentering the port for no more than 12 hours, the captain must inform the Port of the Maritime Service to coordinate with other specialized state management agencies that are involved as the procedures for the ship. In, out of the harbor at the same time.

What? 60. The water boat out of sight

1. The procedure for permission, notice, confirm:

a) Permission procedure:

-At least 12 hours, since the time the ship was expected to arrive at the anchorage waiting for transit, the officer was sent to the Port Authority of the Mediterranean Sea.

-At 02:00, since receiving transit notice, the Maritime Port must inform the transit ship; the case does not approve, there must be an answer and specify a reason.

b) The announcement, the confirmation is carried out as specified in Articles 51, 52, and 55 Decree.

2. Location, deadline and paper as the procedure:

a) The location, the statute of limitations is carried out by regulation at Article 54 and Article 56 of this Protocol.

b) The delay of 2 hours, before the transit ship, the officer must submit and submit to the Port Authority of the Regional Maritime Service of the following papers:

-The papers must submit included (the main version):

+ 01 copies in general;

+ 01 list of crew members;

+ 01 passenger list (if available);

+ 01 copies of goods (if available).

-The papers must be published included (the main version):

+ Permission to leave the port or equivalent paper provided by the competent authority;

+ Ship registration certificate;

+ Certificate of the ship's technical safety by regulations;

+ A certificate for the ability of the ship to be prescribed;

+ Pasship passports, notebooks or papers with equal value;

+ The ship's civilian responsibility for environmental responsibility for environmental pollution, if it is an oil transport vessel, petroleum products or other dangerous goods;

+ The passport of the passenger (if any).

3. Shortly after the licensing of the transit license under Form 15 of this Decree, the Maritime Port Authority must notify the relevant specialized state management agencies on the transit line to coordinate the transit management of that ship.

What? 61. Time as a procedure

Specialized state administration agencies at the port of the sea usually live 24 hours a day, including holidays and holidays to service the ship's operations, leaving the seaport, transit.

What? 62. The sequence and the form declare the boat procedure into, leaving and operating at sea port.

The deposit, the ship's papers for the specialized state management agency at the seaport can be made with Fax, electronic declaration, direct or through postal systems. Case case, boat paper issued in the form of electronic data or other forms of text according to the rule of law, the person who procedures must only submit a copy of the file, that paper, and provide the agency's electronic information page address. has the authority to grant that certificate to verify when necessary.

What? 63. The general procedure used for ships entering, leaving port, transit and operation at the Vietnam Sea port.

1. The Ministry of Transport is responsible for issuing joint procedure procedures and types of records, manifold to declare when ships enter, leave port, transit and operate at sea port in accordance with the regulation of Vietnamese law, the international treaty that the Republic of Korea has. The Socialist Republic of Vietnam was a member; applying the pilot to the ship's electronic procedure, leaving port, transit, and operations in the port of Vietnam.

2. The agencies, organizations, individuals involved with the responsibility to apply information technology to service electronic declaration as ship procedures enter, leave port, transit, and operate in the Vietnamese seaport.

3. establish investment funding, operating management of information technology technology systems serving seaport management and maritime operations used by state capital and other legal capital sources.

Item 2

MARINE NAVIGATION SERVICE

What? 64. navigable navigable mode

1. The following types of boats are required to use marine navigation services when entering, leaving the seaport or when moving in the waters of Vietnam ' s seaport:

a) The foreign boat has a total capacity of 100 GT or more;

b) The Vietnamese boat carrying passengers, carrying oil, carrying liquid gas, carrying bucking of substance with total capacity from 1,000 GT or more;

c) Other types of ships of Vietnam do not specify at the point b This clause has a total capacity of 2,000 GT or more.

2. The cases are exempt from the use of marine navigation services:

a) The foreign boat has a total capacity of less than 100 GT;

b) The Vietnamese boat carrying passengers, oil tankers, liquefied gas, carrying bucking of substance with a total capacity of less than 1,000 GT; other Vietnamese boats with total capacity under 2,000 GT;

c) The ship with the captain is a Vietnamese citizen who has been granted the ability to specialize in maritime navigability, the certificate of maritime navigable zone suitable for the type of boat and the obligate maritime navigable navigable zone that the ship operates. Permission to guide the ship, but must inform the Port of the Maritime Service.

3. Captain of the prescribed boat at Clause 2 This may require navigable flowers if necessary.

What? 65. Maritime navigation service

1. The person who did the procedure to provide a navigable service to the target of the navigable target 06 hours before the expected time to pick up the flowers on board; the emergency case for the prevention of maritime accidents, the deadline for the request may be earlier.

2. The case of change of navigable hours or cancelation requires a navigable service; the chief officer must inform the organization of the flowers at least 3 hours before the expected time to pick up the ship.

3. The Organization of the American Organization is responsible for a daily train plan on the basis of a requirement for the provision of specified navigable navigation at Clause 1 and Clause 2 This. Daily navigation plans include the following: name, nationality, basic specification of the ship, anchorage position, navigable navigation, port bridge, port bridge or anchorage position, navigable navigable navigable, and other necessary content.

4. Slowly ahead of 16 hours daily, the navigable flower must submit the next day 's ship' s flagship plan for the Port of the Maritime Service plan to enter, leave the port, transit or move in the seaport waters; the case whether changes or requests arise. You must inform the Port of the Maritime Service to promptly adjust the course of the ship's navigation plan. The Port of the Maritime Service and the ship's plans for navigation, the port business by 17 hours per day.

5. Organization of navigation, port business, captain, navigable navigable and organization, other related individuals are responsible for implementing the ship's plan for navigation of the Port Authority.

6. The navigable carrier has a responsibility for waiting at the destination for the flowers to pick up the ship; the waiting time is not more than 04 hours from the expected time to pick up the ship, except for the case of the procedure as the procedure for changing the ship's time and the Port Authority. approved; overstated above, the requirement for the supply of navigation services is cancelled and the requirement that the navigable service provider must pay the pending pending payment.

7. At 0:01, since getting the ship 's ship' s plan for navigation, the navigable navigable flower organization must reconfirm the operator of the site and the time it is expected to target the ship; if the flowers spend on board slowly compared with time or wrong location. It has been reported that the boat has to wait or move to another location, the navigable flower must pay the wait of the ship by regulation; the officer immediately announces the Port Authority and the navigable flower organization to take a timely settlement. According to the rules.

What? 66. The responsibility of navigable navigation

1. The ship is responsible for:

a) Practice of the right, the statutory obligation at the Ministry of Maritime Code of Vietnam and other regulations that are associated with the law;

b) Strict approval of the Maritime Port ' s plan of navigation; the case refused to lead the ship to notify the Port of Maritime and the maritime navigation organization.

c) While taking the ship, if the accident or discovery occurred, the maritime incident, the deployment of the hybrid ship and the safe conditions, left the port bridge, the change in the condition of the maritime signal, the safety conditions on the maritime flow and other unprotected incidents. It's safe to inform the Port of the Maritime.

d) Recommend the captain to perform the correct implementation of the law on maritime safety assurance, maritime security and environmental pollution prevention; the case of the captain does not execute the recommendation, having to promptly inform the Maritime Port and the organization. The flower knows.

2. Organization of navigable navigable navigable navigable navigable flowers in accordance with the ability of the navigable flower to be granted specialized certification by law.

Section 3

SHIP OPERATIONS MANAGER

What? 67. Request for cruise ship operation

1. The ship is only allowed to be operated, berthed, and navigation in the waters of the seaport and maritime flow when ordered by the Director of the Port Authority of the Maritime Service. The navigation command of the Maritime Port Director must be carried out in time, precisely and fully; the case is not eligible for execution, the captain is responsible for reporting the Maritime Port Authority for disposal.

2. When operating in the waters of the waters of Vietnam and the waters of Vietnam, all boats must accept the Code of Stabbing on the Sea by statute; at the same time, the captain must carry out the following regulations:

a) To maintain contact with the Port Authority via VHF on the channel has been notified or other communications equipment;

b) The maintenance of the activity of the automatic identification device by regulation;

c) Full conduct of the regulations on the speed of journey on the flow, warning signs, landscape mode, and other regulations; must actively move at a safe speed while passing through areas of underwater activity, flow dredging activity, drop-out. floatbelt, salvage, rescue, fishery operation or when passing through the area with other boats moored, operating in that area;

d) Do not allow ships to pass through the spheres of bridge, the line crossed through the flow at which the altitude of the ship over the altitude is not allowed. The cruise ship ' s journey on the narrow stream is carried out by the regulation of the Maritime Port Authority; the anchor and other similar equipment of the ship must always be in a state of readiness to be able to make quick payment of the order. of the captain.

Not to ship the ship to anchor, pull the underwater anchorage while operating in the flow, canal, except for the mandatory case to be made to prevent possible maritime accidents;

e) Use a hybrid ship to support ships in the waters of the seaport under the provisions of the Maritime Port Authority;

g) Only to conduct dive operations or underwater work after being approved by the Port Authority. The procedure for execution is as follows:

-The person who does the procedure to send directly or through the postal system to the Port of Maritime Service proposed by Form 27 of this decree;

-At least 4 hours of work, since receiving the recommended text, the Maritime Port has an answer, the case does not approve of the reason.

3. In addition to the implementation of the regulations at this, the captain or the commander of the ship ' s navigable navigation vessel, the dedicated boat dredging the flow, sand or crane extraction and other construction equipment must ask for the Port of the Port. The coast of the Sea before its operations in the waters of the seaport. The procedure for execution is as follows:

a) The person who does the procedure to send directly or through the postal system to the Port of the Maritime Service is recommended by Form 27 of this decree.

b) Slow by 4 hours of work, since receiving the recommended text, the Port Authority has an answer; the case does not approve of the reason.

4. When the ship has not completed the entry procedure or after having completed the procedure, it is strictly forbidden those who are on the train train with other people not in the boat, except for navigable navigable flowers, seaboat dealerships and job staff. The mission on the ship.

What? 68. Request for the anchorage of boats

1. When the ship has docked safely at the designated location, the ship ' s main machine must be maintained in a state of readiness to operate when it is needed; must be illuminated at night, when visibility is limited and maintain sufficient signals, warning signs according to the report. regulation.

2. When the ship is adrift, the captain must conduct appropriate treatment measures to prevent accidents, maritime incidents, and inform the Port of the Maritime Service.

3. A primitive, non-self-free vehicle is only docked at the designated area by the Director of the Maritime Port Authority; in the course of the anchorage there must be enough people and means of adequate support to be ready to be prepared when needed.

What? 69. The Port Enterprise Accountability

1. The location of the ship ' s location in the anchorage or displacement. Before 16 hours on the day it had to announce plans for the ship to enter, leaving port for the Maritime Port to establish and deploy the ship plan; the case was changed, having to inform the Port of the Maritime Service to adjust the ship's plan. day.

2. After the Maritime Port Authority 's announcement of the ship' s plan for navigation, the port business must make the following requirements:

a) The port layout has enough length and other necessary conditions under the guarantee of ensuring the safety of the boat is safe; the port bridge must have enough light, no obstacles on the sphere that can be impediable, endangering the anchorage or other facilities. The other normal activity of the boat and the passengers;

b) A skilled worker ' s layout to serve the forcing, unwinding of the boat when entering, leaving the port bridge; the spades must be prepared to be ready for the forced, quick execution of the cord quickly and safely. In the positions of the force, the binding must maintain a suitable warning sign in accordance with the regulation;

c) Complete the preparation of the harbour for at least 01 hours before the train expected to sail from the sea to the harbour and 30 minutes if the boat moved, changing the location in the harbour waters;

d) Secure the orderly security conditions in the port area area where the shuttle is unloading or welcoming passengers;

) Equipped and maintained normal operation of communications to ensure transparency in exchange of information related to maritime operations at sea ports by regulation;

e) Mainer the state of the port, depot, landfill, vehicle, vehicle, equipment, water depth ahead of the port and other waters due to its regulatory use; the years of the organization's implementation of the survey and the publication of the publication of the country's maritime notification. before the port and other waters administered by itself. At least 05 years a time must organize the technical status of the harbour, the harbour, the harbour bridge, the buoy to ensure safety in the exploitation;

g) The organization implemented the regulation of the law on the safety of maritime safety, maritime security and environmental pollution prevention at sea port. In the event of accidents, maritime incidents, fires, explosions, environmental incidents, have to proceed immediately to appropriate prevention measures, inform the Port Authority of Maritime and Relevant Authorities.

What? 70.

1. Director of Maritime Port Authority on the conditions of ensuring maritime safety, the decision to allow the ships to be updated at the suggestion of the captains involved but must secure the following principles:

a) The marine ships with total capacity from 1,000 GT back to be updated two; other types of boats were updated three but were not hampered by normal operation in sea ports and waters before the port bridge;

b) The ship of larger size is not updated with the type of ship of smaller size from the outside;

c) Between the different types of boats bound to force the correct line and the layout of the cushion to fight the dam;

d) Only water-level boats, oil-grade, food-level, equipment, equipment, and storage facilities, ships, fire-boats, fire ships, passenger transports from passenger ships or other similar service boats were updated to the passenger ship.

2. The captain must use the right type of straits when the ship is docked, forbidding the tie on the beams, frames or structures of the port structure, the prescribed places not to force the ship.

What? 71. Online when the boat works in port

1. During the time the ship operates at the seaport, the captain must watch the online boat, the considerate scene, ready to handle the drift, the anchor off, cut off the line, as the ship charges are too tense or too dangerous or the risk of loss of other safety. with ships, cargo and people on board; it must always maintain machinery, rescue equipment, fire, and backup facilities in a state of readiness.

2. When docked in the seaport waters, on board the ship has always maintained at least two-thirds the number of boats with suitable titles, including either captain or agent or machine or second machine to either ship the boat or handle the schools. It's an emergency.

3. Maritime Port Director is responsible for specific notice to the captain who knows the plan to avoid storm, storm zone, necessary navigation instructions, and precautions in the waters of the seaport and the management area in which the ship is in operation.

4. The case with a storm, the boat must quickly move to the storm zone under the command of the Maritime Port Authority.

What? 72. Procedulation procedure

1. Director of Maritime Port Authority decides to hold the vessel for the specified cases at Clause 1 Article 68 of the Vietnam Maritime Code. The decision to hold the ship by Type 16 of this decree was sent immediately to the ship's captain, the Vietnam Maritime Service, and the relevant state management agencies at the seaport.

2. When receiving a decision to hold the ship of the Port Authority of the Maritime Port, the captain or the ship owner, the operator of the ship must carry out the regulatory requirements at the decision to hold the ship.

3. After the reason the ship was temporarily suspended, the Maritime Port Director had to make a decision to end the regulation of the vessel by regulation at Prototype 17 of this decree and send the ship captain to be held, the Vietnam Maritime Service and the state governing bodies. Water at the seaport.

Section 4

SEARCH, RESCUE AND DISPOSAL OF MARITIME ACCIDENTS

What? 73.

1. Seaboard, military ship, service ship, domestic and hydroplane fishing boat when it is in danger of need for help to broadcast a prescribed emergency signal. When the accident or risk of an accident occurred, the person found to immediately broadcast a distress signal and proceed immediately to the emergency measures, the appropriate precautions to save lives, property, and prevent or limit the damage to the lowest level.

2. The rescue of the victim is mandatory for all organizations, individuals, ships, and other vehicles while operating in the waters of the waters and waters of Vietnam. Boat boat when detected or receiving a distress signal of people or other boats encountered at sea or in the waters of the seaport, if the actual conditions allow and does not pose a serious danger to humans and ships must be equal to everything. The way to go to the rescue of the victim, including having to deviate, deviate from the specified journey, and promptly inform the organization, the relevant individual knows. The ship suffered a lighter damage to the ship's aid, despite the loss of the ship's failure, the incident which was not the ship's ship.

3. Maritime Port Director has the right to mobilize every force, equipment of the port, ship and other vehicles currently available in the seaport area for search, rescue of people and vehicle vehicles; all of the subjects mobilized meant to be in the area. The Director of the Port Authority's executive order. For maritime accidents occurring in the waters of the seaport that affected maritime activity on navigation, the Director of the Maritime Port Authority presided over, in coordination with the maritime safety guarantee unit in the area to promptly conduct the scene, installing it. Maritime signal and maritime intelligence to ensure maritime security, maritime security and environmental pollution prevention.

4. The search coordination agency, marine rescue, must be ready to organize and coordinate search operation, timely rescue of people, vehicle encounters in the search area, save the victim due to his charge and the right to mobiles, engage in search and search. Swords, rescue.

5. The Ministry of Transport presided over, in coordination with the ministries, the associated construction of the search coordination, maritime rescue in the waters of the seaport and on the waters, the Prime Minister considers, the decision.

What? 74. The responsibility for reporting and investigating maritime accidents

1. The captain has an obligation to report to the Director of the Port Authority of the accident, the maritime incident that occurred to the ship or when the discovery of the accident, the maritime incident and the damage, the deviation of the maritime signaling system in the port waters. the sea and the waters of Vietnam; the requirements of the Director of the Port Authority and the authorities in the investigation of the maritime maritime accident at this decree and other provisions relevant to the law.

2. The Minister of Transport provides details of the report and investigation of maritime accidents.

Section 5

SECURE SECURITY, MARITIME SECURITY AND ORDER, SANITATION AT SEA PORT.

What? 75. Go to the boat.

The suspension of the boat ' s flag when operating at the seaport stipulated as follows:

1. The Vietnamese boat must fly the flag of the Socialist Republic of Vietnam from sunrise to sunset on top of the ship's steering column; foreign ships hang on top of the ship's highest point.

2. All anchored boats, parked in the seaport area must fly the flag at the direction of the Director of the Maritime Port Authority on the National Day of the Socialist Republic of Vietnam or when the head of State visits the port.

3. The boat carries the flag of foreign nationality when he wants to fly the flag, the flag of mourning, or tug the whistle on the occasion of the flag of the ship carrying the flag that must be announced in order to follow the instructions of the Maritime Port Authority.

4. Maritime Port Director may be reluctant to fly the national flag of Vietnam for some of the crude vehicles when operating in the seaport waters.

What? 76.

Stairway up, down the train must be illuminated and adjusted accordingly, ensuring the safety of the user; the area of the stairs regularly must have an online person and have a life-based emergency; the stairway must have a hand, the bottom line must have an insurance net.

What? 77. Safe, maritime security and order, sanitation on board ships.

1. All types of ships must be specified names or numbers, the IMO number (if available) and the port name registered as specified.

2. The captain is responsible for ensuring the safety, order and sanitation on board, in accordance with the provisions of the Vietnamese law. The ropes are required to have a prescribed mouse shield.

3. In addition to the boats of the boat and the passengers who follow the boats, only those with the authority to introduce new authorities are allowed to board boats anchored in the waters of the harbour waters; upon boarding the water boat. License by the Border Defence or Security Department, except for the cadres of the specialized state governing body that is working on the job. The captain is fully responsible for the absence of a mission to the ship.

4. The boat that is anchored in the seaport waters is not carried out the following acts:

a) Pull the whistle or use the loudspeaker for information, except for the case to broadcast a distress signal or pull the whistle on the orders of the Director of Maritime Port;

b) The smoke tube or the black smoke;

c) The skull wash or the deck side pollers the environment;

d) Drain the dirty water, dirt, waste, oil, or compound with oil and other toxic substances;

Dump, dump garbage or other items from the ship into the water or harbour bridge;

e) To indiscriminate equipment, property on the port side;

g) You knock, paint the ship with the environmental contamination;

h) conducting repairs, trials, trials without the approval of the Maritime Port;

i) Using the site of the rescue device-firefighting for unsuitable purposes;

n) Swimming or disorderly conduct in the harbour;

l) conduct disinfection, shun when uninformed and not following the guidance of the Maritime Port;

m) The organization of the fireworks of boats on the ceremonial occasions of the ship nation carrying flags is carried out in accordance with the provisions of the Minister of Culture, Sports and Tourism.

What? 78. Dumping, discharge of sewage and water ballast

1. The boat when operating in the seaport area must carry out the dumping regime, pumping out dirty water and water ballast by regulation and under the direction of the Maritime Port Authority.

2. The port or organization business, the fleet sanitation business unit at the port of the sea must provide a vehicle to take on the garbage, dirty water, water and other toxic liquids and other hazardous liquids from boats to handle or transfer to the functional body. handle and be charged with a statutory service by law.

3. The Ministry of Transport is unified with ministries, the relevant sector regulating the management of the collection and disposal of waste from ships in the waters of the seaport.

What? 79. Sports activity, search and rescue exercises, rescue and maritime security.

1. The organization of sports competitions in the waters of the seaport must follow the provisions of the law, prior to the conduct of the passage of the Maritime Port Authority.

2. The Ministry of Transport directed the Vietnam Maritime Service, coordinated with the agencies, the relevant unit that organizes the search and coordination of the search, maritime rescue, and exercises on maritime security in the waters of the seaport and on the waters of the Mediterranean Sea. Vietnam follows the rule of law.

What? 80. Transport, cargo and mining of minerals, fisheries operations in the waters of the waters of the sea

1. Transport, cargo, mining operations in the waters of the seaport must comply with the relevant regulations of the law; prior to the conduct of the Port Port Authority, it is announced.

2. The bottom of the bottom, fishing and aquacoship cultivation in seaport waters must be approved by the Director of the Port Authority for maritime safety, maritime security and environmental pollution prevention. The procedure is done as follows:

a) The offer to submit directly or through the postal system for the Port of Maritime Service by Form 27 of this decree;

b) At least 01 working days, since receiving the recommended text, the Port Authority has an answer, the case does not approve of the reason.

What? 81. The captain ' s responsibility to unload cargo, repair and sanitation vessels in the waters of the sea water

1. Before conducting operations to unload cargo, repair and sanitation, the captain is responsible for preparing the necessary conditions of ensuring maritime safety, protection of labor safety and to take strict approval of the relevant regulations that are required to protect the vessel. The law.

2. The captain is only allowed to close the shop cap or let the man down the cargo vault after having checked and secured for sure there is no inconvenience.

3. During the course of the ship's ship, if the sign is not safe, the captain or the operator operates, unloading the cargo, and unloading the cargo immediately.

4. When the labor accident on the ship, the captain must quickly organize the emergency of the victim, conduct the necessary measures to limit the next results and inform the Port of the Maritime Service; at the same time, carry out the declaration, which will continue. Torture, statistical, and reporting, and reporting on labor law.

What? 82. Make sure the order is safe in the harbor.

1. The Port Enterprise Director is responsible for organizing and operating the operation of the port protection force in accordance with the regulation of law and practical conditions at the port.

2. The specialized state governing bodies at the seaport are used in the port area to perform their duties after having a deal with the port business.

3. Organization, individuals and vehicles when operating in the port area must fully approve the relevant regulations of the law.

Section 6

ROOM, FIRE PREVENTION, EXPLOSION AND PREVENTION, ENVIRONMENTAL INCIDENT APPLICATION

What? 83. The responsibility of the port and boat business in defense, fire, explosions

1. The captain of the cruise ship operating at the seaport is obliged to carry out and inspect, oversee the implementation of room, fire, fire, and fire regulations.

2. The defense equipment, fire, explosion of the seaport and of the vessel must be placed in the right place and always in a functioning state of readiness.

3. At all the flammable, explosive or in other areas, locations in the port, on board the boat must have a warning sign or only follow the provisions of the law.

4. The people who work in the combustas, exploding on the boats, in the harbour must be trained proficiency in defensive, anti-fire, explosions.

5. Boat boat when receiving the fuel required:

a) Prepare to be ready for room, fire, fire, fire;

b) Close the port side at the fuel level;

c) Accept all processes, technical safety rules when receiving fuel;

d) The permanent human layout is on the deck and right at the fuel reception site.

6. Strict of the use of room equipment, fire, fire, and boat fire on other purposes.

7. Strict conduct of the work of the spark on the deck, in the cargo vault, under the engine chamber without receiving the approval of the Maritime Port Authority.

8. When you take over the fuel, do not proceed with the following:

a) For the other ships to be on the line;

b) Through tubes, taps or joints that do not guarantee technical standard.

9. Permission to carry out repair, boat hygiene or other navigation operations in the waters of the seaport if it can affect the prevention, fire, explosion, before decision, the Director of the Port Authority must take the opportunity of the body. No, no, no, no, no, no, no. The procedure for execution is as follows:

a) The person who does the procedure to send directly or through the postal system to the Port of 301 Maritime Case consists of the following papers:

-Text on Form 27 of this decree;

-A copy of the room, fire fire.

b) At the end of 2 working days, since receiving the recommended text, the Maritime Port Authority takes its opinion and has an answer text, the case does not approve of the reason.

What? 84. Coordination of fire prevention organization, explosion at sea port

1. The Maritime Port Director is responsible for coordinating with the defense, anti-fire, competent explosives in the area of its management, building defensive, anti-fire, explosions necessary for ships operating in that area according to the relevant regulation.

2. Maritime Port Director is responsible for the command of the fire rescue operation, exploding in the waters of the seaport until the commander has the authority of the anti-fire, anti-fire, explosive charge at the scene.

3. The Port Enterprise Director is responsible for the operational command of the fire incident, which occurred in the harbor area until the commander had the authority of the anti-fire, anti-fire, explosive charge at the scene.

What? 85. Request for other dangerous oil and cargo ships.

In addition to the relevant regulations of the environmental protection law, all other types of oil and other dangerous cargo ships operating at sea port are required to strictly accept the following requirements:

1. Prohibition of two ships from each other at the same time, unloading the flammable, explosive, subtracer cases, and receiving fuel or the transfer of oil between the two ships.

2. All types of tanker or other hazardous goods at sea port are only allowed to conduct, unloading cargo in separate areas which have been announced.

3. In the regulatory areas at paragraph 2 This must be equipped with room equipment, fire, explosions, and environmental incidents required by regulation; during the draw, unloading the goods, all of these equipment must be maintained at the same time. The state is ready for action.

4. The draw, unloading and preservation of other types of flammable, explosive or other hazardous goods must be made on the right process, the regulatory safety code rules.

5. When conducting assembly of oil, gasoline, oil, liquefied gas, fuel or other hazardous substances, the captain and the stakeholders must send representatives to inspect, monitor.

6. When the incident or accident involves pumping oil or the impultion of other dangerous goods, the captain must stop pumping oil or impulsating, unloading cargo and promptly applying effective prevention measures; at the same time, it must be reported immediately. for the Maritime Port Authority and relevant authorities to implement the coordination of the application.

What? 86. In terms of prevention, environmental incident application

1. All organizations, individuals, boats when operating at sea port are obliged to implement the regulation of the law on environmental protection.

2. In addition to the provisions in Clause 1 This, the boat when operating at the seaport must accept the following requirements:

a) All the valves and equipment of the ship that the hazardous substance can escape must be closed, put in a cease-functioning state, seal the lead clamp, and have to have sea notice; the removal of the seal or the injection of waste, It is only done with the consent of the Maritime Port Authority and there is direct surveillance of the Port Authority personnel. The procedure is done as follows:

-The person who conducts the procedure directly or sent through the postal system to the Port of the Maritime Service by Form 27 of this decree on offer of approval to proceed with the disposal of sealing or the injection of waste, water through the valves or equipment;

-At least four hours of work, since receiving the recommended text, the Maritime Port must have an answer, the case of not accepting the right to specify a reason; send a direct answer or send through the postal system to the procedure.

b) When conducting pumping of dirty water, wastewater with oil or other hazardous substances other than the pipe on the deck must seal off-deck drainage and have the tray in the joints of the pipe;

c) All activities related to the injection, discharge of oil or other hazardous substances must be specifically documented in the journal and are ready to appear for the competent authorities of Vietnam to check when necessary.

What? 87. Report of environmental pollution incidents at sea port

1. The report of the environmental pollution incident that occurred at the seaport must be carried out by the rule of law.

2. In addition to the provisions at Clause 1 This, the captain of the boats when operating at the seaport must perform the following requirements:

a) When the detection is at risk or an environmental pollutant must inform the Port of the Maritime Service; at the same time, specify the ship's log of time, location, and properties of that pollution incident;

b) If the incident caused the pollution of the environment to arise from the operation of the ship, it would have to be applied immediately and promptly inform the Port of the Maritime Service.

Chapter VI

CO-ORDINATION OF OPERATIONS BETWEEN THE SPECIALIZED STATE MANAGEMENT AGENCIES AT SEA PORT.

What? 88. The principle of coordination of management activity

1. The specialized state management agencies in the port of the sea perform the mandate to follow the regulations of the law, not disturbing, which affects the normal functioning of the port business, the owner, the owner, the boat and the organizations, the fish. Other personnel in the port area; the Maritime Port Authority is responsible for presiding, coordinating activities between specialized state management agencies in the seaport.

2. The specialized state governing bodies at the seaport have a responsibility to coordinate closely together when the mission is to facilitate the operation of port businesses, owners, ships, boats and other organizations, individuals involved, and the activities of the United States. Guaranteed safety and efficiency.

3. The contracting entanged with the function, the task of other specialized state governing bodies must all be given the unity to resolve in time; the case with the ununity, must promptly inform the Port of the Maritime Service. to solve the rules of the law.

4. When the procedure is made on the vessel by regulation at Point 2 Article 54, Point A 2 Article 56 This decree or in other special circumstances is decided by the Director of the Maritime Port and is responsible, the state regulator said. The industry was established as a crew member by the representatives of the Port Authority of the Marine Corps, and each state governing body of the state was a participant; privately to the passenger ship, to quickly resolve the procedure, the state governing bodies were specialized. the industry and customs union can send additional participants but the number must be approved by the Director of the Port Authority; if you see it. It is not necessary to board the ship, the specialized state governing bodies may not send men to participate in the procedure, but inform the Port of the Maritime Service to know the outcome of the procedure.

5. In the event of an entangrium beyond the jurisdiction of the professional state governing body, the agency must promptly report its superior regulatory authority to address it; when necessary, the ministries, the relevant sector have a relevant basis. Responsibility for coordinating with the Department of Transportation to resolve but the delay is after 04:00, since it is reported that the report must announce its decision to handle the relevant agency, organization, and individual.

6. During the course of its mission, specialized state management agencies have a responsibility to coordinate with the agencies, other relevant organizations in the region to organize a serious implementation of the laws of law on all activities, including the government of the United States. Seaport at the seaport.

What? 89. Managing responsibility for coordinating management

1. Maritime Port Authority responsible for coordinating coordination between the specialized state management agencies at the port of the sea, including:

a) The Chair, which runs the coordination of management activities between the specialized state management agencies at the seaport;

b) Organization and chairs of conferences, meetings with specialized state management agencies or with agencies, organizations, other related businesses in the port area for the exchange of unity of the settlement of the entanging in the operation. And the waters of the waters of the sea were in charge;

c) The requirements for other specialized state management agencies at the port of the sea announced in time of the procedure as a procedure and resolution of the problem of birth; requiring the port business, the ship owner, the captain of the boat and the agencies, the organization involved. other that provides data, information about maritime operations at sea port;

d) The petition with the Chairman of the Provincial People ' s Commission in the settlement area in time of the provincial or city jurisdiction is associated with the specialized state management activity at the seaport.

2. The other specialized state governing bodies at the seaport are responsible:

a) Coordinated to resolve in time, in accordance with the law of procedures involving ships, cargo, passengers and crew when operating at the seaport under regulation at this Decree;

b) timely notice for the Port of Maritime Service knowing the results of the procedure concerning ships, cargo, boats, passengers while operating at the seaport;

c) inform the Port of the Maritime Service to coordinate the settlement in time after receiving and handling information from the Maritime Port or the carrier.

What? 90. Ombudship, inspection, surveillance, specialist guardian at sea port

1. The inspection, inspection, supervision, guardianship of the state governing bodies on ships, cargo, passengers, boats, harbor infrastructure structures, port bridges and other subjects when operating at the seaport are carried out in accordance with the regulations. of this decree and the relevant other provisions of the law.

2. The monitoring, direct custody on the boats of the specialized state governing bodies is only carried out in the following cases:

a) The ship has a clear indication of the violation of the law;

b) The case is necessary to secure defense, order security, social security and prevention, prevention of disease.

3. Serious cadres, civil officials, abuse, abuse, harassment, harassment, and other negative expressions in the task of being delivered; all relevant violations are handled by law.

What? 91. The responsibility of the ministries, industry and local to the operation of the specialized state management agencies at the seaport.

1. The ministries, the departments and the People ' s Committee of the Provinces, the Central City-affiliated Central City, are responsible for the direction of, the operational guidance of specialized state management agencies that perform well in coordination of state management activities at home. Seaport.

2. Check, inspect, and conduct strict criminal misconduct by law.

3. The implementation of the application of information technology into the management operation ensures favorable and efficient conditions for maritime operations at sea ports and maritime flows.

Chapter V.

EXECUTION CLAUSE

What? 92.

1. This decree has the enforcement effect since 1 June 2012 and replaces the Protocol No. 1. 71 /2006/NĐ-CP July 25, 2006 of the Government on Port Authority and Maritime Flow.

2. issued by this decree 01 Exhibit for a number of copies of the declaration, decision, permit, and applications used in maritime operations.

What? 93.

1. The Minister of Transport is responsible for the presiding officer, in coordination with the ministries, the departments and the People's Committee of the provinces, the relevant Central City of the Central Committee to implement this Protocol.

2. The ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung