Chương VI: Hoạt động của cảng, bến thuỷ nội địa, cảng vụ và hoa tiêu đường thuỷ nội địa

Chapter VI

ACTIVITIES OF INLAND WATERWAY PORTS, LANDING STAGES, PORT AUTHORITIES AND INLAND WATERWAY PILOTS

Article 69.- Management of activities of inland waterway ports and landing stages

1. Inland waterway ports and landing stages may operate when they ensure the prescribed criteria and are so permitted by competent authorities.

2. Investors of inland waterway ports or landing stages shall directly operate them, or lease their operation.

3. Cargo loading and unloading as well as passenger service businesses at inland waterway ports or landing stages are conditional businesses.

4. The Transport Minister shall prescribe the management of activities of inland waterway ports and landing stages and decentralize such management, except for the case prescribed in Clause 5 of this Article.

5. The Defense Minister, the Public Security Minister and the Fisheries Minister shall, within the scope of their respective tasks and powers, prescribe the management of activities of inland waterway ports and landing stages engaged on defense and security tasks, fishing ports and wharves.

6. The provincial-level People's Committee presidents shall organize the management of activities of cross-river passenger landing stages as well as inland waterway ports and landing stages decentralized to them for management.

Article 70.- Operations of vessels, sea-going ships at inland waterway ports, landing stages

1. Captains or steersmen may only steer their vessels or sea-going ships into inland waterway ports or landing stages permitted to operate; when entering, leaving or anchoring at inland waterway ports or landing stages, they must complete all procedures prescribed by the Transport Minister.

2. Crewmen and steersmen of vessels or sea-going ships operating within inland waterway ports or landing stages must observe law provisions and regulations of such inland waterway ports or landing stages.

Article 71.- Inland waterway port authorities

1. Inland waterway port authorities are agencies performing the function of specialized State management over inland waterway navigation and transport at inland waterway ports and landing stages in order to ensure the observance of law provisions on inland waterway navigation order and safety and prevention of environmental pollution.

2. The Transport Minister shall prescribe the organization, activities and scope of activity of inland waterway port authorities.

Article 72.- Tasks, powers of inland waterway port authorities

1. To prescribe the berths of vessels and sea-going ships in the waters of inland waterway ports and landing stages.

2. To inspect the observance of law provisions on navigation safety and environmental protection by vessels and sea-going ships; check the professional diplomas and certificates of crewmen and steersmen; grant permits for vessels and sea-going ships to enter and leave inland waterway ports or landing stages.

3. To ban vessels and sea-going ships from entering or leaving inland waterway ports or landing stages when such inland waterway ports, landing stages or vessels fail to ensure safety conditions or inland waterway ports or landing stages fail to meet law-prescribed conditions on their activities.

4. To notify the situation of channels to vessels and sea-going ships entering and leaving inland waterway ports or landing stages.

5. To inspect the safety conditions of docks, landing stages, channels, signals and other relevant facilities in the areas of inland waterway ports and landing stages; when detecting unsafe signs, to notify them to responsible organizations or individuals for timely handling.

6. To supervise the operation and use of docks and landing stages in order to ensure safety; to request organizations and individuals operating inland waterway ports or landing stages to suspend the operation of docks or landing stages when deeming that such operation may affect the safety of people, vessels or facilities.

7. To organize the search and rescue of people, cargoes, vessels and sea-going ships in distress in the waters of inland waterway ports or landing stages.

8. To mobilize vessels, equipment and manpower in the areas of inland waterway ports or landing stages to participate in rescuing people, cargoes, vessels and sea-going ships in emergency cases and handle environmental pollution within the areas of inland waterway ports or landing stages.

9. To participate in making written records and conclusions on the causes of accidents or incidents having happened in the areas of inland waterway ports or landing stages; to request the involved parties to remedy accident consequences.

10. To sanction administrative violations, seize means; to collect charges and fees according to law provisions.

11. To assume the prime responsibility for, and coordinate with other State management agencies at inland waterway ports or landing stages in, receiving foreign vessels and sea-going ships.

Article 73.- Inland waterway pilotage

1. Foreign vessels and sea-going ships, when operating on inland waterways, must comply with the compulsory pilotage regime. Vietnamese vessels and sea-going ships may request pilotage when deeming it necessary.

2. The use of pilots shall not exempt or reduce the command responsibility of captains, including the case where the use of pilots is compulsory.

Captains are entitled to select pilots or request replacement of pilots.

3. The Transport Minister shall prescribe the organization and activities of pilots, their criteria and professional certificates.

Article 74.- Tasks of pilots

1. When leading vessels or sea-going ships, pilots shall submit to the command of captains. A pilot's tasks shall be deemed to complete only after the vessels or sea-going ships have safely anchored or arrived at the docks or reached the agreed places. Pilots cannot leave vessels without permission of captains.

2. Pilots shall be obliged to inform captains of the situation of channels in the areas where they pilot vessels or sea-going means; warn captains about acts against regulations on assurance of inland waterway navigation safety and other law provisions.

When captains deliberately refuse to follow reasonable instructions or warnings of pilots, pilots may refuse to pilot vessels or sea-going ships to the witness of third persons.

3. Pilots shall be obliged to inform the directors of inland water port authorities of channel changes they detect when piloting vessels or sea-going ships.

Article 75.- Responsibilities of captains during the time of hiring pilots

1. Captains shall have to inform pilots of the properties and characteristics of vessels or sea-gong ships; ensure safety for pilots when they get on board or leave vessels or sea-going ships; provide pilots with working and living conditions when they stay on board vessels or sea-going ships.

2. After accomplishing their duties, if pilots cannot leave vessels or sea-going ships at the agreed places, captains must seek measures to let pilots leave vessels or sea-going ships and bear all expenses for pilots to return to the pilot-receiving places.

3. Captains shall have to pay pilotage according to law provisions.

Article 76.- Responsibilities of vessel owners and pilots when damage is inflicted

When damage is inflicted due to the pilots' fault, the vessel owners shall have to compensate for such damage like damage due to crewmen' fault; pilots shall be exempt from compensating for material damage but must bear administrative or penal liability according to law provisions.