Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Law provides for inland waterway navigation activities; conditions to ensure safety for inland waterway navigation infrastructures, vessels and people participating in inland waterway navigation and transport.
Article 2.- Subjects of application
This Law applies to organizations and individuals involved in inland waterway navigation activities.
In cases where international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Law, the provisions of such international agreements shall apply.
Article 3.- Interpretation of terms
In this Law, the following terms are construed as follows:
1. Inland waterway navigation activities mean activities of people and vessels participating in inland waterway navigation or transport; planning of the development, building, operation and protection of inland waterway navigation infrastructures and State management over inland waterway navigation.
2. Navigable channel (hereinafter called channel) means a water area limited by the system of inland waterway signals, where vessels can navigate smoothly and safely;
3. Lock means a construction used exclusively for raising and lowering the water level to help vessels pass places with different water levels on inland waterways.
4. Inland waterways mean channels, locks or constructions to help vessels pass river dams or falls, canals, ditches or channels on lakes, marshes, lagoons, bays, gulfs, along the coastline, leading to islands or linking islands within the internal waters of the Socialist Republic of Vietnam, which are managed and exploited for navigation and transport.
5. Channel protection corridor means a delimited water area or land strips stretching along both sides of a channel for installation of signals, protection of the channel and assurance of navigation safety.
6. Clearance means the removal of obstructions on inland waterways.
7. Inland waterway vessel (hereinafter called vessel) means a ship, boat or another floating structure, motorized or non-motorized, operating exclusively on inland waterways.
8. Rudimentary vessel means a non-motorized vessel propelled only by manpower, wind power or water power.
9. Raft means a craft of bamboo, timber or other floating materials fastened together, which can sail or be used as a makeshift transport craft on inland waterways.
10. Vessel transformation means the change of the performance, structure and/or utility of a vessel.
11. Head-on vessels means two vessels proceeding in opposite directions from one of which one can see the bow of the other vessel straightly in front of the bow of one's vessel.
12. Tow convoy means a convoy of many vessels assembled together and moving thanks to a motorized vessel exclusively used for pulling, pushing or towing alongside.
13. Mixed tow convoy means a tow convoy assembled in lines propelled by at least two of three modes of pulling, pushing and towing alongside.
14. Gross tonnage of a vessel means the volume calculated in tons of cargo, fuel, lubricating oil, water in tanks, food, foodstuffs, passengers and their luggage, crew and their personal belongings.
15. Passenger capacity of a vessel means the maximum number of people a vessel is permitted to carry, excluding its crew and steersman and under-one children.
16. Safety waterline means a marking line painted on a vessel to limit the part of its body permitted to be submerged underwater when the vessel operates.
17. Windward side of a boat means the side from which the wind is blowing to the main sail.
18. Crew mean people working under the titles prescribed for non-motorized vessels with a gross tonnage of over 15 tons each or motorized vessels with total main engine capacity of over 15 horse powers each or vessels with a capacity of over 12 passengers each.
19. Captain means the title of the highest commander on board a non-motorized vessel with a gross tonnage of over 15 tons or a motorized vessel with total main engine capacity of over 15 horse powers or a vessel with a capacity of over 12 passengers.
20. Steersman means a person who personally steers a vessel with a gross tonnage of up to 15 tons or a motorized vessel with total main engine capacity of up to 15 horse powers or a vessel with a capacity of up to 12 passengers or a raft.
21. Inland waterway pilot (hereinafter called pilot) means an advisor who assists the captain in steering the vessel safely.
22. Carrier means an organization or individual using a vessel to transport people and/or cargoes on inland waterways.
23. Transport dealer means a carrier that enters into a passenger and/or cargo transport contract with a transport hirer in order to effect the transport of cargoes and/or passenger for freights or charges.
24. Transport hirer means an organization or individual that enters into a cargo and/or passenger transport contract with a transport dealer.
25. Goods consignee means an organization or individual named as goods consignee in the bill of lading.
26. Luggage means personal belongings and goods carried by passengers on their voyage, including hand-carried and consigned luggage.
27. Consigned baggage means goods sent on board any passenger vessel, with their consignors being not on board such vessel.
Article 4.- Principles for inland waterway navigation activities
1. Inland waterway navigation activities must be smooth and ensure order and safety for people, vessels, property as well as environmental protection; serve socio-economic development and contribute to preserving national defense and security and protecting national sovereignty and interests.
2. To ensure inland waterway navigation order and safety is the responsibility of the entire society, administrations at all levels, organizations and individuals that manage or directly participate in navigation; to take comprehensive measures regarding technical matters and safety of vessels as well as inland waterway navigation infrastructures; to provide training to raise professional and practical skills; to disseminate law and educate about the sense of law observance among people participating in inland waterway navigation; to strictly handle acts of violating the legislation on inland waterway navigation order and safety according to law provisions.
3. Development of inland waterway navigation must comply with plannings and plans and be synchronous.
4. Management of inland waterway navigation activities shall be performed uniformly on the basis of clear assignment and decentralization of responsibilities as well as powers and close coordination among ministries, branches and administrations at all levels.
Article 5.- Inland waterway navigation development policies
1. The State prioritizes investment in developing inland waterway navigation infrastructures on key inland waterway navigation routes, in key economic regions, deep-lying and remote areas with inland waterway navigation comparative advantages over other forms of communication.
2. The State encourages, and creates conditions for, Vietnamese and foreign organizations and individuals to invest in developing inland waterway navigation infrastructures, apply scientific and technological advances, train specialized human resources and invest in dealing in inland waterway transport in order to develop sustainable inland waterway navigation.
Article 6.- Dissemination, popularization of, and education about, the inland waterway navigation legislation
1. Organizations involved in inland waterway navigation shall have to disseminate, popularize and educate about the inland waterway navigation legislation among the people and public employees as well as laborers under their respective management.
2. Information and propaganda agencies shall have to organize the regular and widespread dissemination and popularization of the inland waterway navigation legislation among the entire population.
3. State management agencies in charge of education and training shall have to direct the education about the inland waterway navigation legislation at education establishments suitable to the characteristics of each region.
Article 7.- Responsibilities of organizations and individuals when accidents happen on inland waterways
1. Captains or steersmen and persons who are present at the places where inland waterway navigation accidents happen or detect persons and/or vessels in distress on inland waterways must take every measure to rescue in time persons, vessels and/or property in such accidents; protect traces, exhibits related to the accidents; inform such to the nearest police offices or People's Committees, and must turn up at the requests of competent investigating agencies.
2. The informed police offices or People's Committees must immediately send their officials to the scenes of accidents or the places where persons and/or vessels in distress are detected; shall be entitled to mobilize people and vessels to rescue and treat victims, protect property and vessels in distress, traces and exhibits related to the accidents; ensure navigation order, safety and uninteruptedness; where accidents or incidents cause harm to the environment, such must be immediately notified to the State management agencies in charge of environmental protection.
3. Police offices or other competent State agencies, when being informed of accidents on inland waterways, must conduct investigation in time and take handling measures according to law provisions.
4. People's Committees of the localities where accidents happen or accident victims are detected shall have to render help to the victims; where there are dead people in accidents and their burial has been agreed by competent investigating agencies but their identities remain unknown or their relatives are unable to bury them, they shall bury the victims according to law provisions.
Article 8.- Prohibited acts
1. Destroying inland waterway navigation works; erecting obstructions to impede inland waterway navigation.
2. Illegally opening inland waterway ports or landing stages; embarking and disembarking passengers or loading, unloading cargoes not at the prescribed places.
3. Illegally building houses, tents, stalls or other works on inland waterways in violation of the protection of inland waterway infrastructures.
4. Dumping soil, rocks, sand, gravels or other waste substances, illegally exploiting minerals within the areas of channels and channel protection corridors; putting fixed fishing gear, means of fishing or rearing aquatic resources on channels.
5. Putting in inland waterway navigation vessels which fail to meet the operating conditions prescribed in Article 24 of this Law; using vessels at variance with their utility or with operation areas stated in the technical safety and environmental protection certificates of registry offices.
6. Arranging fewer crewmen than the prescribed complement when putting vessels into operation; crewmen or steersmen working on board vessels without professional diplomas or certificates or with improper ones.
7. Carrying hazardous, inflammable and/or explosive cargoes, large animals together with passengers, carrying passengers in excess of the vessels' capacity or safety waterline.
8. Working on board the vessels when the alcoholic content in blood is higher than 80 milligrams per 100 milliliters of blood or there is more than 40 milligrams per 1 liter of breathed air or there are in blood other stimulants banned from use by law.
9. Escaping after causing accidents in order to shirk responsibility; infringing upon human life and/or property when vessels are in distress; taking advantage of accidents to cause disorder, thus hindering the handling of accidents.
10. Breaching the signal on wave-causing restriction or other ban signals.
11. Organizing illegal races or participating in illegal races of vessels on inland waterways; steering vessels in zigzag, causing danger to other vessels.
12. Abusing one's position and powers to harass for bribes while performing one's duties; committing, or permitting the commission of, acts of violating the legislation on inland waterway navigation.
13. Other acts of violating the legislation on inland waterway navigation.
Tìm kiếm
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