Circular No. 47/2011/tt-Bgtvt: Regulations On Receiving, Transmitting And Processing Of Information On Maritime Security

Original Language Title: Thông tư 47/2011/TT-BGTVT: Quy định về tiếp nhận, truyền phát và xử lý thông tin an ninh 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;

Pursuant to decision No. 125/2004/QD-TTg dated 9 July 2004 by the Prime Minister on the announcement, receiving, transmitting and processing of information on maritime security;

Pursuant to decision No. 12/2009/QD-TTg dated 16 January 2009 of the Prime on the revision, addition of some articles of the decision No 125/2004/QD-TTg dated 9 July 2004 by the Prime Minister on the announcement, the receive and transmit handle maritime security information;

The Minister of transportation rules about receiving, transmitting and processing of information on maritime security as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates broadcasting and tv reception, processing information of maritime security under the provisions of the amendment and supplement of 2002 International Convention on safe human life at sea, 1974 (SOLAS 74 Convention for short) and the international code of ship and port security (ISPS Code).

Article 2. The object application this circular apply to: 1. The following types of vessels operating on international routes: a) ship;

b) cargo ships have a total capacity from 500 GT or over;

c) offshore mobile drilling rigs.

2. The port receiving ships operating on international routes specified in clause 1 of this article.

3. organizations and individuals of foreign exploitation and Vietnam ships on international routes specified in clause 1 of this article (hereafter called the company of the ship).

4. organizations and individuals of Vietnam and overseas management, harnessing the port specified in paragraph 2 of this Article (hereafter referred to as the port business).

5. organizations and individuals related to information management in maritime security.

Chapter II RECEIVING, TRANSMITTING and PROCESSING of MARINE SECURITY INFORMATION article 3. Receiving, transmitting and processing of information security of maritime security information center marine and maritime Port 1. The Center for maritime security information immediately after receiving the notice of the Police Bureau of security levels, the Centre for maritime security information to forward that information to the: a) Maritime Ports;

b) enterprise security officers, port to port sea;

c) ship company security officer, ship company;

d) agencies of foreign countries concerned, at the same time inform the Consular Bureau, Ministry of Foreign Affairs. In case of contact with the competent bodies of foreign countries that ship carried the flag of nationality, the Consular Bureau recommendation Center through the diplomatic route to inform the relevant authorities of foreign countries.

2. Maritime Ports immediately after receiving information of the Centre for maritime security information, Maritime Ports must inform: a) The vessel is expected to arrive or are active in the port in the area of his responsibility;

b) border guard the port gate.

Article 4. Receiving, transmitting, processing of marine security information of security officer companies Vietnam ship, ship security officer in the company and the relevant agencies 1. Immediately after receiving information of security information centre, maritime shipping companies, the company security officer is responsible for timely notification of information on maritime security level and change the level of maritime security for ship security officer I know of to apply to ships in the next scheduled trip.

2. On the basis of risk assessment can occur to people, property or the environment from the active communication between the ship and the port, ship security officer can request a port security officer or the competent authority in the foreign port security commitments signed in the following cases : a) the ship is operating at a higher security level than the port or another ship with which it is communicating;

b) Have committed security agreement between the Government of the Socialist Republic of Vietnam and the Government of the countries members of the SOLAS 74 Convention for some international routes or for some specific vessels operating on the routes;

c) are a security threat or a security incident involving the ship or the port;

d) ships are in port that this port is not required to have and implement a port security plan has been approved, e) ship to communicate with other ships ships that are not required to have and implement a ship security plan approved.

3. A security commitment stipulated in paragraph 2 of this Article to be kept on a ship with a minimal period of time the ship visit 10 next port since the signing of a commitment.

4. Before the ships passing through the area are warned there is a risk of security threats, the captain, the ship security officer must contact the notification Center to coordinate the prevention of piracy.

Article 5. Receiving, transmitting, processing of marine security information of the ship and the bodies involved in the port call of the Sea 1. The case of a foreign ship to Vietnam seaports a) at the latest 24 hours before entering the territorial waters of the Socialist Republic Vietnam, Captain, owner or agent of the owner, agent of the exploitation of the ship must communicate directly with the Maritime Ports in the port where a ship is expected will come to :-information about the security levels are being maintained on board and other relevant information about the maritime security (according to the model in annex I of this circular);

-Receive notifications from Maritime Ports on the security level being applied at the port and need to apply security measures on ships at sea.

b) after receiving the relevant information about the security of the ship referred to in paragraph 1 of this article, a maritime Port must notify port security officer where the ship visit;

c) on the basis of risk assessment can occur to people, property or the environment from the active communication between the ship and the port, the port security officer must sign the pledge security with the ship. A security pledge is kept at the port;

d) When there is a change in the security level on ships at sea or in ports from the time was contacted previously, ship security officers and the port security officer must immediately notify each other know to promptly handle.

2. The case of Vietnam and foreign vessels to leave ports Vietnam when required, Maritime Ports where the harbour take notice of report security information related to maritime security officer of the ship before the ship departed Vietnam seaports to update information related to the trip.

Article 6. Report mode 1. An emergency report a) Slowly for 4 hours since getting the message level security of the marine police, the information center for maritime security must report the situation to the Vietnam Maritime Bureau and other agencies, the relevant unit as prescribed;

b) When received accurate information about the security incident of the ship and the port (check, verify), the Centre for maritime security information must notify the Agency, the relevant units to timely handling, settlement.

2. The report on Jan. 25 years ago, the Maritime Bureau annual Vietnam Vietnam register, General transportation Ministry report on the management of marine security information years ago.

3. The method of sending the report security report is sent by Fax, phone, email to ensure timely, then submit the written reports by mail.

Chapter III COORDINATION EXERCISES, PRACTICE CONNECTING MARITIME SECURITY INFORMATION article 7. Coordinating maritime security exercise 1. Responsibility of the Centre for maritime security information a) in collaboration with the agencies of the Ministry of defence, the Ministry of public security, port and business ship company in the maritime security exercise;

b) receiving, handling the rehearsal from the port business, shipping companies and ships;

c) to notify the authorities about the Organization of the rehearsal;

d) directly involved in the exercise of information security at the port enterprise, the company of the ship or vessel under the approved plan when the unit requires 2. The responsibility of the ship company, seaport business a) annually in cooperation with the information centre of maritime security exercise organization information security according to the approved security plan;

b) rehearsal time must inform the information centre and maritime security maritime port in the area before 10 days.

3. The liability of Maritime Ports in cooperation with the information centre for maritime security, port business, shipping companies and ships in the maritime security exercise scheduled to ship and port security are approved.

Article 8. Practice connecting maritime security information, confirm the connection results 1. Content internship a) operating the security alarm system on the ship;

b) operate contact information systems in the port;

c) receiving, transmitting, processing of marine security information.

2. Regulations on internships and internship results confirms the connection, handling a maritime security information) annual ship companies, port and shipping business are responsible for connection processing, practice information with the information centre of maritime security 1 and between 2 times not exceeding 18 months;

b) before making the right internship announcements and deals with the heart of maritime security information about the internship plan (according to the model in annex II);

c) Information Center for maritime security reception, processing information; certificate level internship results connect information for shipping companies, port business (according to the model in annex III);

d) time limit for granting confirmation of results to practice connecting maritime security information: the latest 5 working days from the end of the internship, the results achieved the Center must send confirmation for shipping companies and port business via Fax or mail or Email;


DD) confirmation results internship base information connection to Vietnam Maritime Bureau, the Vietnam register reviews security system certification to the certificate: the certificate of conformity of the seaport and the international certification of ship security.

Chapter IV IMPLEMENTATION article 9. Effective enforcement of this circular effect since January 9, 2011, replacing circular No. 25/2004/TT-BGTVT dated 13/10/2004 of the Minister of transport instructed the reception, transmitting and processing of information on maritime security for ships, ship company Enterprise, the port and the bodies involved in the port.

Article 10. Implementation 1. The Maritime Bureau, Vietnam Vietnam register, is responsible for implementation of this circular.

2. The Chief, Chief Inspector, Chief of the Service of the Ministry, heads of agencies, organizations and individuals concerned is responsible for implementation of this circular.

3. in the implementation process if there are obstacles, suggest the bodies, organizations and personal reflections in time with the Ministry of transport to consider, resolve./.