Chapter IX
PILOTAGE
Article 153
1. Pilot is a adviser who renders to the master assistance and advice in navigating the vessel in respect of navigational conditions on waters on which the pilot performs his service. The employment of pilots does not relieve the master of responsibility for the navigation of the vessel, even when pilotage is compulsory according to existing regulations.
2. The shipmaster has the right to choose a pilot or to refuse the pilots services and request his substitute.
Article 154
1. The pilot, while piloting the vessel, remains under the command of the master of the piloted vessel.
2. The pilot is bound to furnish the master with all information concerning the navigational conditions in the area of piloting and to recommend him on activities not in conformity with regulations on marine navigation safety and other relevant regulations.
3. When a master does not follow his instructions or reasonable recommendation intentionally, the pilot has the right to declare in the presence of a third party that he ceases to bear responsibility for the further steering of the vessel.
4. The pilot must notify the Director of port authority of the steering of the vessel and dangerous navigational changes which he has seen while piloting the vessel.
5. The pilot must exercise diligently his obligations.
Article 155
The shipmaster is obliged to furnish the pilot with all information relevant to the navigational characteristics and specificities of the piloted vessel; to ensure the pilots safety when boarding and leaving the vessel; to provide the pilot with working facilities, accommodation and maintenance, if required, during his stay on board the vessel.
Article 156
The pilots duties are deemed to be fulfilled when securing the vessel at anchor, mooring it or safely taking it to the agreed place, and or being relieved by another pilot. The pilot has not right to leave the vessel without the consent of the master.
For the safety reason, the pilot cannot depart from the vessel after he has fulfilled his duties, then the master must arrange the vessel to call at the nearest port for the pilots departure. The shipowner is bound to arrange for the pilots return to his place and bear all the expenses incurred.
Article 157
1. The shipowner is liable for damages done by the pilot while carrying out his services as for those done by a member of the vessels crew.
2. The pilot only bears an administrative or criminal responsibility where they have occurred as set out in item 1 of this Article.
Article 158
1. The Council of Ministers shall determine the Pilotage Tariff in Vietnam.
2. The Minister of Transport and Communications shall determine in detail the organization of pilotage, professional qualifications of pilots as well as the navigable areas of compulsory and non-compulsory pilotage in Vietnam.
Tìm kiếm
Luật hàng hải 1990 (Bản Word)