Chương XI Bộ luật hàng hải Việt Nam 2015: Hoa tiêu hàng hải

Chapter XI

MARINE PILOTAGE

Article 247. Provisions on use of marine pilotage in Vietnam

1. Use of marine pilotage in Vietnam is aimed at ensuring the maritime safety and security and environmental pollution prevention; playing a significant role in protecting sovereignty and exercising sovereignty right and jurisdiction of the Socialist Republic of Vietnam.

2. Vietnamese and overseas ships must use Vietnamese maritime pilots for maneuvering these ships and pay charges for pilotage services when operating within a Vietnamese region where marine pilotage is required.

3. Cases in which use of marine pilotage is not required include:

a) The region where marine pilotage is optional;

b) Vietnamese ships carrying below 1,000 GT of passengers, oil, liquefied gas, chemicals in bulk; other kinds of Vietnamese ship that has less than 2,000 GT in weight;

c) Overseas ship that has less than 10 GT in weight;

d) Any ship of which the master is a Vietnamese national who has achieved the certificate in pilotage service, certificate of marine pilotage operating zone conformable to specific types of ships and regulatory pilotage operating zone in which active ships are permitted to be navigated by itself.

4. The master of any ship referred to in paragraph 3 of this Article may require pilots to navigate such ship whenever necessary.

Article 248. Marine pilotage organization

A marine pilotage organization refers to an enterprise that provides the service of navigating ships to enter or leave ports and operates within the regulatory marine pilotage zone of Vietnam.

Article 249. Legal status of marine pilot

1. Marine pilot is a consultant to the master in navigation of a ship to meet marine conditions that exist at the ship piloting zone where a marine pilot is operating. Use of marine pilotage shall not discharge the master’s liability to command the ship.

2. During the duration of navigation of a ship, a marine pilot shall be put under the command of the master of the piloted ship.

3. The master shall be accorded the right to choose any marine pilot or decide to cease operations of any marine pilot and request a replacement pilot.

Article 250. Eligibility requirements for Practising of marine pilotage

1. Be a Vietnamese citizen.

2. Meet required health standards.

3. Hold the certificate in marine pilotage profession.

4. Only allow navigation of a ship within the marine pilotage operating zone which is conformable to the issued certificate of marine pilotage zone.

5. Be put under the management of a marine pilotage organization.

Article 251. Rights and obligations of a marine pilot during the process of ship navigation

1. A marine pilot shall be vested with the right to refuse to navigate any ship, and simultaneously notify the port authority and marine pilotage organization in a timely manner to the extent that the master intentionally fails to follow his proper instructions or warnings.

2. A marine pilot shall be obliged to regularly provide instructions on marine conditions that exist at the ship navigation zone for the master; warn the master of any act inconsistent with regulations on assurance of maritime safety, other relevant laws and regulations.

3. A marine pilot shall be obliged to notify the port authority of ship navigation performance and any dangerous change to marine operations that he has discovered during the ship navigation process.

4. A marine pilot must exercise due diligence in fulfilling his obligations. A marine pilot’s ship navigation shall be terminated after the ship anchors, arrives at the wharf and enters the agreed safe place or in the presence of a replacement pilot. A marine pilot shall not be permitted to leave a ship without the ship master’s consent.

Article 252. Obligations of the ship master and owner during use of marine pilotage

1. The ship master shall be obliged to accurately inform a marine pilot of particular functions and characteristics of the ship; ensure safety for a marine pilot when he getting onto and off the ship; provide a marine pilot with equipment used for work and human daily activities during the time when that marine pilot stays on board the ship.

2. In the case of any loss resulted from a marine pilot's fault for navigating a ship, the ship owner shall be held liable for compensation for such loss in the same manner as any loss resulted from a seafarer's fault.

3. Where a marine pilot is prevented from leaving the ship upon completion of his duties for reasons of safety assurance, the ship master must enter into the nearest port for the purpose of marine pilot disembarkation. The ship owner or operator shall be charged with liability to return a marine pilot to the place of pilot embarkation and pay any relevant cost.

Article 253. Liabilities of a marine pilot for any loss resulted from the ship navigation fault

A marine pilot shall be charged with administrative and criminal liabilities in accordance with laws and relieved of civil liabilities only if any loss is resulted from this marine pilot's fault in ship navigation.

Article 254. Detailed provisions on marine pilotage

The Minister of Transport shall adopt regulations on the regulatory marine pilotage zone; training standards for marine pilots; issue and revocation of the certificate in marine pilotage profession and the certificate of marine pilotage operating zone.

Article 255. Pilotage for public duty ship, fishing ship, inland watercraft, submarine, submersible, floating warehouse, movable platform and hydroplane and foreign military vessel

Provisions of this Chapter shall be applied to public duty ship, fishing ship, submarine, submersible, floating warehouse, movable platform and hydroplane and foreign military vessel entering into the territory of Vietnam.