Circular No. 54/2010/tt-Bgtvt: Rules Of Maritime Signalling And Notification Of Maritime

Original Language Title: Thông tư 54/2011/TT-BGTVT: Quy định về báo hiệu hàng hải và thông báo hàng hải

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The Vietnam maritime law base on June 14, 2005;

Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;

The Minister of transport of maritime signalling Regulations and marine notice as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular rules of construction, management, operation of maritime signalling and notification in the maritime waters of the port, maritime and flow the waters of Vietnam.

Article 2. The object that applies to this circular apply to organizations, individuals, Vietnam and foreign vessels operating in the waters of the port and the waters of Vietnam.

Article 3. Explanation of terms In this circular, the following words are interpreted as follows: 1. Vessels include ships, military ships, ship the service, fishing vessel, vehicle interior and seaplanes.

2. the maritime signalling equipment or buildings, boats used for maritime signaling is set up and operated on the water or on land to directions for sea navigation, determine the location of vessels, ensuring the safety, effectiveness.

3. Marine notice is notice to provide information for people and organizations, related personal aims to ensure safety of navigation by the written form or using electronic data method.

Chapter II CONSTRUCTION and OPERATIONAL MANAGEMENT of MARITIME SIGNALLING 1. INVESTING in the CONSTRUCTION of MARITIME SIGNALLING article 4. Principles of construction of maritime signal 1. The construction of maritime signalling must conform with the development planning of maritime signalling systems are the Minister of transport for approval, the provisions of this circular and the law on investment, construction.

2. Vietnam Maritime Bureau made the State management of investment and construction of maritime signalling according to the approved plan.

Article 5. Development planning of maritime signalling system 1. The Minister of transport approved development plan the maritime signalling systems.

2. Vietnam Maritime Bureau hosted, in cooperation with the Corporation, maritime security and relevant organisations to build development planning of maritime signalling system, the Minister of transport for approval and the governing the implementation according to the master plan after approval.

Article 6. Construction of maritime signal 1. Based on the scale, nature and characteristics of the investment project of maritime signalling from the State capital, the Minister of transport to review, or decentralized investment decisions, authorizations for Vietnam Maritime Bureau or the security company.

2. In addition to the provisions in clause 1 of this the Corporation's maritime safety assurance is responsible for setting the signal the irregular maritime maritime safety.

3. organizations, individual mining management port branch stream flow and use, use the following waters: a) The geological exploration drilling, oil, gas exploitation;

b) The catch, aquaculture and seafood;

c) Department works under construction;

d) The most recent cable or pipe, tube, underground structures, devices that affect maritime activities;

The military rehearsal) rehearse, search and rescue, fire prevention, rehearsal, rehearsal rescue remedy oil spills;

e) The latest data collection system of Hai Duong;

g) Department of recreation, tourism, are obliged to set up the maritime signalling on the stream and the water.

4. The owner of the construction works to pass marine flow is obliged to establish the maritime signalling information about boat and not for static structures.

Article 7. The procedure of putting the maritime signalling on use 1. Investors sent records suggest the maritime signalling in use to competent organization announced the marine notice stipulated in article 14 of this circular. The records include: a) text recommended by the owner according to the form prescribed in annex XIa of this circular;

b) design techniques that are approved by the authority;

the completed drawing c);

d) testing delivered thereon;

DD) map of your survey and marine flow obstacles scan for maritime signaling is set on the online streaming of maritime new construction.

2. Within 5 (five) working days from the date of application specified in clause 1 of this article, the competent organization announced responsible marine notice announces marine notice. The case is not yet eligible to be published text answers for investors and stating the reason.

3. With regard to the maritime signalling was unexpectedly set forth in paragraph 2 of article 6 of this circular, the Corporation ensures the maritime safety of conducting marine notice announced immediately after Setup.

Section 2 MANAGEMENT of the MARITIME SIGNALLING and article 8. Responsible for managing maritime signal 1. Vietnam Maritime Bureau made the governance of maritime signalling within the country.

2. Maritime Port is responsible for inspection and monitoring activities of the maritime signalling systems in the port and regional water management.

3. The Corporation ensure maritime safety management directly, and is responsible for the operation of the maritime signalling in the area assigned.

4. organizations and individuals directly managed operations and responsible for the operation of the maritime signalling by the Organization, that individual construction.

Article 9. The unit's responsibility to manage the maritime signalling operation 1. Periodic planning for repair, renovate, upgrade the maritime signalling the approval authority.

2. Regular maintenance, the maintenance of maritime signalling to the specifications of the signal is always consistent with the maritime notifications were published.

3. When the maritime signalling is damaged, lost or stray must urgently proceed with repairs, timely remedy.

4. Timely file determines the extent of the damage, loss or distortions of the maritime signals sent to the relevant authorities for investigation, handling.

5. Quarterly report written by the active status of the maritime signalling on the Vietnam Maritime Bureau according to the form prescribed in annex XII of this circular.

6. When there is a change in the character of the maritime signalling versus marine notices announced, must inform the competent organization to publish timely shipping notification.

Article 10. Protect the maritime signal 1. Every organization or individual has a responsibility to protect the maritime signalling.

2. organizations, individual acts of vandalism, theft or damaging the maritime signal being processed under the provisions of the law.

3. organizations, individual achievement in protecting the maritime signalling is rewarded according to the regulations.

Chapter III MARITIME NOTIFICATION article 11. The principle of publication of maritime notification 1. Marine notice must be competent organization of timely disclosure to the Agency, related organizations.

2. maritime notifications were simultaneously broadcast on the coastal information system and on other appropriate media.

Article 12. The maritime message classification based on the purpose of use, marine notices are categorized as follows: 1. the maritime notifications about activity of the maritime signalling: a) the maritime notifications on the new set of maritime signalling: The maritime signalling Visual, audio, radio, after being set must be announced location marine notices , the effect of the activity properties, signaling it as stipulated in annex I of this circular;

b) maritime notifications about the change of the characteristic activities of the maritime signalling: When the maritime signalling was altered activity characteristics compared to the characteristics have been notified they must publish the notice about the maritime changes according to the form prescribed in annex II of this circular;

c) maritime notifications on the inactivation of the maritime signalling: When the maritime signalling no longer capable of functioning according to the specification have been notified they must publish notice of marine work suspended operation of the maritime signalling that according to the form prescribed in Appendix III of this circular;

d) informed about the restoration of the maritime activities of the maritime signalling: after you have finished repairing the problem of maritime signalling must then publish notice of maritime activity recovery of maritime signalling that according to the form prescribed in annex IV of this circular;

Marine notice) on the termination of the activities of the maritime signalling: after the maritime signalling no longer works, are recovered, they must publish notice of the maritime activities of the maritime signalling that according to the form prescribed in annex V of this circular.

2. reporting about the marine specifications of the stream, the stream tributary ports, anchoring zone, zone transfer, to avoid the storm, the ship returned, the pick-up charged, the quarantine: a) the maritime message about marine flow, the anchor, the ship returned, the pick-up charged Navigator the quarantine zone, avoiding the storms are announced periodically. The Ministry of transport announced the list of periodic surveys of the Marine Department and the flow, the area above to publish notice of the proposed maritime Corporation maritime security;

b) port branch, water Flow before the Harbour Bridge, the transfer must be periodic depth surveys at least once a year to proclaim marine notice;

c) maritime, branch flow Flow ports and regions, the area prescribed in this paragraph, after construction or dredging, maintain, renovate, upgrade must be surveyed depth of your scan and obstacles to announce maritime notifications;

d) The security company responsible for maritime survey the depth of your scan and obstacles in maritime inflows, the anchor, the back, the pick-up charged, quarantine areas, avoiding the storms to marine notice published;

DD) survey the depth of your scan and obstacles of the waters before the Harbour Bridge, the stream tributary ports, the transfer may be by measuring function survey done. Competent organization announced the maritime responsibility message verify survey results before the announced marine notice;

e) marine notices prescribed in this paragraph according to the form prescribed in annex VIa and VIb of this circular.


3. maritime notifications about new dangerous obstacles detection: When there are accidents, maritime incidents causing sunken ship or when there are obstacles that cause loss of maritime safety must then publish notice of maritime about the obstacles that according to the form prescribed in annex VII of this circular.

4. maritime notifications on construction area on the sea or on the maritime streams: construction area on the sea or marine flow affect maritime activities, must publish notice of marine work according to the form prescribed in annex VIII of this circular.

5. reporting of maritime the maritime traffic flow or circulation restriction, suspension of operation of the marine flow: in case of special need required boats, means of navigation from the cruise line, limited circulation or suspend operation of the maritime, streaming to announce maritime notifications of the maritime traffic flow , limited circulation or suspend operation of the maritime streaming according to the form prescribed in annex IX of this circular.

6. notice of marine sea area restricted or prohibited in maritime activities: in a case of sea area used for military exercise activities, waste dump areas, regional anchoring, search and rescue operations, search and rescue exercise, sporting activities, the area of the oil spill or hazardous materials the area of scientific research, land amphibious landings or other civil activities, due to the nature of the work can be dangerous for boats in the sea area, to announce the maritime message about the above mentioned area according to the form prescribed in annex X of this circular.

Article 13. The content and requirements of the maritime message 1. Content of marine notices must be clear, concise, easy to understand and reflects the full, correct the information provided.

2. The requirements of maritime notifications: a) positions in the maritime message was retrieved by the national geographic coordinate system Vietnam VN-2000, WGS-84 coordinate system and at the same time be calculated switch coordinate system uses the Mercator projection. Accurate to 1/10 seconds;

b) the depth of the marine notice is the depth of the shallow point in the area need to be informed, in meters to sea level "0 sea map" the accuracy to 1/10 meters;

c) places of maritime notifications were retrieved according to the landmarks have been recorded on the map or in the other maritime document was published. The case places not yet recorded in the aforementioned document, the use of local common names;

d) language used in the maritime message is Vietnamese. When played on the radio station information system Vietnam coast, must use both Vietnamese and English.

Article 14. The Authority announced the maritime message 1. Vietnam Maritime Bureau made the governance of maritime notification announcement.

2. The Corporation ensure maritime safety make the announcement of the maritime message specified in article 12 of this circular.

3. The information in the notifications valuable maritime from the time of publication of maritime notification and message value alternative maritime information.

4. When there are errors on the content of the notification, the competent organization announced the marine notice is promptly corrected and published the maritime message again.

Article 15. The procedure of publication of maritime notification 1. The procedure of publication of maritime notifications on new set of maritime signalling: the procedure of publication of maritime notifications about new maritime signaling setting made under the provisions of article 7 of this circular.

2. The procedure of publication of maritime notifications about activity of the maritime signalling Regulations in points b, c, d, e clause 1 article 12 as follows: a) the unit of management of maritime signalling send proposal announced the maritime message to competent organization announced the maritime message profile, including:-proposed text published maritime notifications about activity of the maritime signalling according to the form prescribed in annex XIb of this circular;

-Report on the status of maritime signalling.

b) at the latest 24 hours since getting the records specified in point a of this paragraph competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.

3. The procedure of publication of maritime notification prescribed in clause 2 of article 12 of this circular are as follows: a) for maritime notification about specifications of marine flow, the anchor, the ship returned, the pick-up charged, quarantine areas, avoid the storm published periodically, the profile includes :-the text suggested by the survey unit according to the form prescribed in annex XIb of this circular;

-Minutes of collecting survey results;

-The average depth of the survey map.

b) for notification about maritime port, branch flow of water before the Harbour Bridge, the transfer announced periodically, records include:-the text suggested by the owner or the person tapped according to the form prescribed in annex XIb of this circular;

-Minutes of collecting survey results;

-The average depth of the survey map.

c) for marine notices about the specifications of the stream flow, maritime ports and regions branch, the area prescribed in this paragraph, after construction is completed or dredging, maintain, renovate, upgrade, the records include:-the text suggested by the owner according to the form prescribed in annex XIb of this circular;

-A copy of the reply text the competent level of conformity with port planning;

-A copy of design techniques that are approved by the authority;

-A copy of the completed drawings capture;

-Minutes of collecting handed put to use;

-Minutes of collecting survey results;

-The average depth survey and map scan of your obstacles.

Within 5 (five) working days from the date of the records prescribed in this paragraph, the competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.

4. The procedure of publication of maritime notifications about new dangerous obstacles detection: immediately after receiving information that the maritime incident, accidents causing sunken ship or when there are obstacles that cause loss of maritime safety, the competent organization announced the maritime responsibility message check , survey and publication of maritime notifications about new dangerous obstacles.

5. The procedure of publication of marine notices about the construction on the sea or on the flow of navigation, records include: a) text recommended by the owner according to the form prescribed in annex XIb of this circular;

b) copies the design techniques that are approved by the authority;

c) copies the text approved allowing the construction activities of the authority;

d) copies the diagram or drawing using the execution;

DD) copy of the capture methods ensuring traffic safety are approved by the authority;

e) The specifications of the vehicles.

Within 5 (five) working days from the date of the records prescribed in this paragraph, the competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.

6. procedure of maritime notification publication of the maritime traffic flow or circulation restriction, suspension of operation of the maritime streaming: immediately after receipt of the decision in maritime traffic or traffic restrictions to traffic, suspend the operation of the online streaming of maritime Director maritime Port in the area or of the competent authorities Competent organization, published the announcement of responsible marine announced the marine notices.

7. The procedure of publication of maritime notifications about activity limitations sea areas or prohibiting marine activities, profiles include: a) text proposed by the Agency, the unit that needs about limited sea areas of operation, all activities according to the form prescribed in annex XIb of this circular , accompanied by the necessary information relating to the marine sector of activity limitation or prohibition of activity;

b) map or diagram of the active restrictions or bans on maritime activities;

c) A photocopy of approval the Director of Maritime Ports in the area or of the competent authorities under the provisions of the law.

In 3 (three) working days from the date of the records prescribed in this paragraph competent organization announced responsible marine notice announces marine notice. The case is not yet published, eligible to answer in writing and stating the reason.

Article 16. Transmitting maritime notifications 1. Marine notice after being announced to send immediately to the Ministry of transport, Vietnam Maritime Bureau, Maritime Ports in the region, the Organization of maritime navigation in the region, limited liability company, a member of the Vietnam maritime electronics information and organizations individuals involved in writing or by electronic methods accordingly.

2. Limited liability company a member of the Vietnam maritime electronics information are responsible for transmitting the information system on Vietnam's coastal marine notices by Vietnamese and English under the method of appropriate information. Transmission of maritime notification according to the model a cell regulation in annex XIII of this circular.

3. the number of times the transmitting maritime notifications made under the regulations are as follows: a) the maritime message specified in the paragraph 1, 2, 4 and 5 article 12 of this circular was a minimum of 2 (two) times a day and played in 3 (three) consecutive days;

b) marine notice prescribed in clause 3 and clause 6 of article 12 of this circular are continuous 4 (four) times a day until the new marine notice replaces notices that marine.

4. authorized organization announced the maritime message limited liability company and a member of the Vietnam maritime electronics information are responsible for bringing the text of the message content on maritime electronic information page of the unit.

5. Funding to make announcement and broadcasting maritime notifications were used from the funding agency's annual activities, the unit.

Article 17. Provide marine notice information


1. Subject to the provisions in article 2 of this circular was required to provide notice of rights of navigation.

2. organizations and individuals operating in the waters of the port, the flow of waters and maritime Vietnam is obliged to provide timely, accurate for the authorized organization announced the marine notices the following information, if the findings are: a) the location of or characteristic of the maritime signalling activity compared with the content of marine notices have been published;

b) discovered new obstacles have not yet been published or announcements not yet marked on the chart;

c) other information relevant to maritime safety.

3. The competent organization announced the maritime message is responsible for collecting the data, the information to publish notice of the prescribed maritime.

Chapter IV the TERMS OF IMPLEMENTATION of Article 18. Effect 1. This circular has the effect after 45 days from the date of signing.

2. Attached to this Circular 15 Appendix.

3. Annuls decision No 53/2005/QĐ-BGTVT dated 27 October 2005 of the Minister of transport regarding the maritime signalling.

Article 19. Implementation 1. Vietnam Maritime Bureau Chief, General Manager of the Corporation, maritime safety is responsible for implementation of this circular.

2. The Chief, Chief Inspector, Chief of the Service of the Ministry, Vietnam Maritime Bureau Chief, General Manager of the Corporation, maritime safety, heads of organizations and individuals concerned is responsible for the implementation of this circular.