Chương III Nghị định 58/2017/NĐ-CP: Quản lý báo hiệu hàng hải và thông báo hàng hải

Chapter III

MANAGEMENT OF AIDS TO NAVIGATION AND NOTICES TO MARINERS

Section 1. AIDS TO NAVIGATION

Article 38. General regulations on aids to navigation

1. The investment and construction of aids to navigation must comply with regulations of this Decree and the law on investment and construction. The aids to navigation shall be arranged at necessary locations to ensure the maritime safety.

2. The Ministry of Transport shall organize state management of aids to navigation.

3. Every local port authority shall inspect the operations of the aids to navigation within seaport waters and areas under its management.

4. Maritime safety enterprises shall be assigned to manage and operate and take responsibility for operational safety of the aids to navigation.

5. An organization or individual that manages and operates public navigational channel, specialized navigational channel, area of water facing against the wharf or conducts survey, constructs and operates the structures within seaport waters and Vietnamese territorial waters should establish, manage, operate and take responsibility for operational safety of the aids to navigation on such channel and waters according to the announced technical standards and regulations.

6. The Minister of Transport shall elaborate the management and operations of aids to navigation system; and issue national technical regulations on aids to navigation.

Article 39. Investment in and construction of aids to navigation  

1. Based on the scale, nature and features of state-funded investment project on aids to navigation, the Minister of Transport shall consider making decision on investment or authorize the Director General of the Vietnam Maritime Administration to consider making decision on investment.

2. The maritime safety enterprises shall establish the aids to navigation for irregular maritime safety services and immediately report such to the Vietnam Maritime Administration and the local port authority.

3. Organizations and individuals have an obligation to establish the aids to navigation upon management and operation of specialized navigational channels or utilization of the following areas:

a) Areas where boring geology investigations, and oil and gas extraction are carried out;

b) Fishing and aquaculture areas;

c) Construction and salvage areas;

d) Areas where cables or underground pipes, underground structures and equipment are installed and affect maritime operations;

dd) Areas where military exercise, search and rescue, fire, and oil spill response drills are carried out;

e) Areas where oceanographical data collection system is installed;

g) Areas where entertainment, tourism and sports activities are carried out.

4. Organizations and individuals when building structures that pass the navigational channels or that affects maritime operations, such as: bridges, power lines, cable cars, underground structures, and other similar structures, drilling rig, wind power, hydropower, thermal power and other similar structures shall establish the aids to navigation to ensure maritime safety.

5. Before establishing the aids to navigation, the organizations and individuals specified in Clause 3 of this Article must obtain the consent of the Vietnam Maritime Administration to the location, scale and type of aids to navigation as prescribed in Article 40 of this Decree.

6. The establishment of aids to navigation must comply with the national technical regulations on aids to navigation.

Article 40. Procedures for granting permission for establishment of aids to navigation

1. An organization or individual shall submit 01 application, directly or in other appropriate forms, to the Vietnam Maritime Administration. The application includes:

a) A written form made using the Form No. 15 provided in the Appendix enclosed herewith;

b) Technical design of the maritime signaling devices;

c) Chart and coordinates of the aids to navigation.

2. The Vietnam Maritime Administration shall receive the application. If the application is invalid, within 02 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed in this Decree. If the application is valid, within 05 working days from the day on which such application is received, the Vietnam Maritime Administration shall grant a written permission to the establishment of aids to navigation. In case of rejection, explanation shall be provided in writing.

Article 41. Procedures for putting aids to navigation into operation

1. The investor shall submit 01 application, directly or in other appropriate forms, to the Vietnam Maritime Administration. The application includes:

a) A written request putting the aids to navigation into operation according to the Form No. 16 provided in the Appendix enclosed herewith;

b) Record on commissioning and transfer;

c) A contour map of obstacles found on the newly constructed navigational channel route that is carried out by a unit licensed to measure and survey. Such unit and the investor shall be responsible for the legality of the survey document;

d) Notice to mariners about the establishment of new aids to navigation.

2. The Vietnam Maritime Administration shall receive the application. If the application is invalid, within 02 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed in this Decree. If the application is valid, within 05 working days from the day on which such application is received, the Vietnam Maritime Administration shall issue the decision to put aids to navigation into operation. In case of rejection, explanation shall be provided in writing.

Article 42. Responsibilities of the unit charged with managing and operating aids to navigation

1. Prepare a plan for periodic repair, improvement and upgrade of aids to navigation and submit it to a competent authority.

2. Regularly maintain the aids to navigation so that the technical specifications of aids to navigation are always consistent with the issued notices to mariners.

3. Repair the aids to navigation in a timely manner when the aids to navigation are damaged, lost or deviated.

4. Promptly compile a dossier on the extent of damage, loss or deviation of the aids to navigation and submit it to a relevant authority to for investigation and handling when necessary or at the request of the competent authorities.

5. Submit quarterly reports on actual operation of aids to navigation to the Vietnam Maritime Administration according to the Form No. 17 provided in the Appendix enclosed herewith.

6. Inform a competent organization upon change of features of aids to navigation compared with the issued notices to mariners to promptly issue notices to mariners.

Section 2. NOTICES TO MARINERS

Article 43. General regulations on issuance of notices to mariners

1. The Ministry of Transport shall perform the state management of notices to mariners as prescribed.

2. Ministries, central authorities and relevant organizations shall, within their competence, specify the establishment and disclosure of notices and information about security, meteorological and hydrological conditions, earthquake, tsunami, health, epidemics and other specialized information relating to the activities of people and ships within seaport waters and Vietnamese territorial waters.

3. The Vietnam Maritime Communication and Electronics Company shall transmit notices to mariners and maritime information as prescribed in Article 59 of this Decree.

4. Notices to mariners shall be promptly issued to relevant organizations by a competent organization.

5. Notices to mariners shall be simultaneously transmitted through the coastal communication system and other appropriate means of communication.

6. The issuance of notices to mariners shall comply with relevant regulations of law.

Article 44. Classification of notices to mariners

Based on their purposes, the notices to mariners are classified as follows:

1. The notices to mariners about operations of aids to navigation:

a) The notices to mariners about new establishment of aids to navigation: the location, effect and operational features of visual, audio and radio aids that are established must be included in the notices to mariners according to the Form No. 18 provided in the Appendix enclosed herewith;

b) The notices to mariners about change of operational features of aids to navigation: when the operational features of the aids to navigation are changed, such changes must be issued using the Form No. 19 provided in the Appendix enclosed herewith;

c) The notices to mariners about suspension of operations of aids to navigation: when the aids to navigation are no longer capable of operating in accordance with the announced features, the operational suspension of such aids to navigation must be issued using the Form No. 20 provided in the Appendix enclosed herewith;

d) The notices to mariners about restoration of operations of aids to navigation: after the breakdown of aids to navigation is completely handled, the restoration of such aids to navigation must be issued using the Form No. 21 provided in the Appendix enclosed herewith;

dd) The notices to mariners about cessation of operations of aids to navigation: after the aids to navigation are no longer effective and recovered, the notice to mariners about cessation of operations of such aids to navigation must be issued using the Form No. 22 provided in the Appendix enclosed herewith;

2. The notices to mariners about technical specifications of navigational channels, areas of water facing against wharves, berth pockets and water areas:

a) The navigational channels and areas of water facing against wharves and other berth pockets and water areas, after being constructed, dredged, maintained, improved and upgraded, must have their depth surveyed in order to issue the notices to mariners and periodically surveyed and included in the notices to mariners;

b) Maritime safety enterprises shall survey the depth of public navigational channels berth pockets and water areas (except for the specialized transshipment areas) to include it in the notices to mariners;

c) The survey of depth and scan of obstacles of the specialized navigational channels, areas of water facing against wharves and specialized transshipment area shall be carried out by the organizations licensed to carry out measurement and survey. The organization or individual that manages and operates a specialized navigational channel and within an area of water facing against the wharf and specialized transshipment area shall take responsibility for the accuracy of the measurement and survey data provided for issuance of notices to mariners and also take responsibility for losses related to the accuracy of such measurement and survey data;

d) The depth survey and obstacle scanning specified in Points b and c of this Clause must be carried out in line with the method and technical procedures specified by the Ministry of Transport.

dd) The notices to mariners specified in this Clause are made using the Forms No. 23 and No. 24 provided in the Appendix enclosed herewith.

3. The notices to mariners about newly-found dangerous obstacles: if there is any maritime accident or emergency resulting in ship sinking or obstacles threatening maritime safety are found, the notice to mariners about such obstacles shall be made using the Form No. 25 provided in the Appendix enclosed herewith.

4. The notices to mariners about construction sites at sea or on navigational channels: the construction sites at sea or on navigational channels affecting the maritime operations shall be included in the notice to mariners about such structures, made using the Form No. 26 provided in the Appendix enclosed herewith.

5. The notices to mariners about underground structures or structures passing the navigational channels:

a) The location, depth of and other safety conditions for underground structures passing the navigational channels must be included in the notices to mariners;

b) The navigational space and clearance of and other safety conditions for structures passing the navigational channel must be included in the notices to mariners.

The notices to mariners specified in this Clause are made using the Form No. 27 provided in the Appendix enclosed herewith.

6. The notices to mariners about the traffic separation, restrictions or suspension of navigational channels: in special case, ships and vehicles must change their route, be restricted or operations of navigational must shall be suspended, a notice to mariners about the traffic separation, restrictions or suspension of navigational channels shall be made using the Form No. 28 provided in the Appendix enclosed herewith.

7. The notices to mariners about sea areas where maritime operations are restricted or prohibited: in case a sea area is used for, military exercise waste dumping area, prohibited anchorage, search and rescue drill area, areas where oil or toxic substance spills occur, land dumping area, scientific research area, fishery, aquaculture, entertainment, tourism and sports area, area with installation of oceanographical data collection system or other civil activities that, by nature, may endanger ships in such sea area. Therefore, those areas must be included in the notice to mariners, which is made using Form No. 29 provided in the Appendix enclosed herewith.

8. The notices to mariners about retransmitted information and maritime instructions relating to the maritime operations: information about security, meteorological and hydrological conditions, earthquake, tsunami, health, epidemics and other specialized information relating to the activities of people and ships within seaport waters and Vietnamese territorial waters.

9. The notices to mariners about announcement of maritime route and traffic separation within Vietnamese territorial waters: upon announcement of maritime route and traffic separation within Vietnamese territorial waters, the notice to mariners shall be issued using the Form No. 30 provided in the Appendix enclosed herewith.

Article 45. Power to issue notices to mariners

1. Every maritime safety enterprises shall issue the notices to mariners specified in Clauses 1, 2, 3, 4 and 5, Article 44 of this Decree.

2. Every port authority shall issue the notices to mariners specified in Clauses 6, 7 and 8, Article 44 of this Decree.

3. The Vietnam Maritime Administration shall issue the notices to mariners specified in Clause 9 Article 44 of this Decree.

Article 46. Contents and requirements of notices to mariners

1. The contents of notices to mariners must be clear, concise, easy to understand and fully and correctly reflect the required information.

2. Requirements of notices to mariners

a) The location specified in a notice to mariners is taken according to the VN-2000 and WGS-84 coordinate system with 1/10-second accuracy;

b) The depth specified in a notice to mariners is the depth of the shallowest point in the area to be announced and is calculated in meter up to the water level “Chart datum” with 1/10-meter accuracy;

c) The geographical name specified in a notice to mariners is taken by the geographical name specified in the nautical chart or in other published nautical materials. In case the geographical name has not been specified in the abovementioned documents, the local common name shall be used;

d) The language used in the notice to mariners is the Vietnamese; it may be translated into English when necessary;

dd) Effective and expiry date of a notice to mariners (if any).

Article 47. Responsibilities of organizations for issuance of notices to mariners

1. The Vietnam Maritime Administration shall inspect and supervise the issuance of notices to mariners.

2. Responsibilities of the issuing organization:

a) Publish the required information in an adequate, accurate and timely manner;

b) Promptly correct and re-issue the notices to mariners upon detection of errors or change of contents.

3. The data and information provider shall be responsible to law for the accuracy of the provided data and information.

Article 48. Procedures for issuance of notices to mariners about the establishment of new aids to navigation

1. The investor or operator shall submit an application for issuance of the notice to mariners, directly or in other appropriate forms, to the issuing organization as prescribed in Article 45 of this Decree. The application includes:

a) A written form made using the Form No. 31 provided in the Appendix enclosed herewith;

b) A copy of a competent authority’s written consent to the establishment of aids to navigation;

c) A copy of technical design;

d) Record on commissioning and transfer of the structure.

2. Procedures for receipt and processing of applications:

a) If the application is invalid, within 02 working days from the day on which such application is received, the competent authority shall provide guidance on the completion of the application as prescribed in this Decree;

b) If the application is valid, within 05 working days from the day on which such application is received, the competent authority shall examine the application and issue the notice to mariners. In case of rejection, a written response specifying reasons thereof shall be given.

Article 49. Procedures for issuance of notices to mariners about change of features, suspension, restoration and cessation of operations of aids to navigation

1. The unit charged with managing and operating aids to navigation shall submit 01 application for issuance of the notice to mariners, directly or in other appropriate forms, to the issuing organization according to regulations. The application includes:

a) A written form for issuance of the notice to mariners about operations of aids to navigation, made using the Form No. 31 provided in the Appendix enclosed herewith;

b) A record on condition of aids to navigation.

2. Within 24 hours since receipt of the prescribed application, the issuing organization shall examine the application and issue the notice to mariners. In case of rejection, a written response specifying reasons thereof shall be given.

Article 50. Procedures for periodic issuance of the notices to mariners about technical specifications of navigational channels, areas of water facing against wharves, berth pockets and water areas

1. For the specialized navigational channels, areas of water facing against wharves and specialized transshipment areas that are specified in the periodic notice to mariners: the investor or operator shall submit 01 application for issuance of a notice to mariners, directly or by post or in other appropriate forms, to the issuing organization according to regulations. The application includes:

a) A written form made using the Form No. 31 provided in the Appendix enclosed herewith;

b) A record on commissioning of survey results;

c) A contour map of depth survey carried out within 15 days by the time the application is submitted, a survey report and other relevant documents collected at the site.

2. Procedures for receipt and processing of applications:

a) If the application is invalid, within 02 working days from the day on which such application is received, the competent authority shall provide guidance on the completion of the application as prescribed in this Decree;

b) Within 05 working days from the day on which a valid application is received, the competent authority shall examine the application and issue the notice to mariners, submit a written consent to the establishment of aids to navigation. In case of rejection, a written response specifying reasons thereof shall be given.

3. The notices to mariners about technical specifications of public navigational channels berth pockets and water areas (except for specialized transshipment areas) which are specified in the periodic notices to mariners by the issuing organization shall be issued after the record on commissioning of survey results, contour map of depth survey, survey report and other relevant documents collected at the site are received.

Article 51. Procedures for first issuance of the notices to mariners about technical specifications of navigational channels, areas of water facing against wharves, berth pockets and water areas after being built, dredged, maintained, improved and upgraded

1. The investor or operator shall submit an application for the issuance of notices to mariners, directly or in other appropriate forms, to the issuing organization according to regulations. The application includes:

a) A written form made using the Form No. 31 provided in the Appendix enclosed herewith;

b) A copy of a competent authority’s written response to the conformity to the master for seaport development;

c) A copy of the technical design approved by a competent authority;

d) A copy of as-built drawing;

dd) Record on commissioning and transfer of the structure;

e) Record on commissioning of results of the survey and obstacle scan;

g) A contour map of depth survey, which has to be carried out within 15 days before submission of the application, the survey report and other relevant documents collected at the site;

h) A contour map of the scanning route.

2. Procedures for receipt and processing of applications shall be completed as follows:

a) If the application is invalid, within 02 working days from the day on which such application is received, the competent authority shall provide guidance on the completion of the application as prescribed in this Decree;

b) If the application is valid, within 05 working days from the day on which such application is received, the competent authority shall examine the application and issue the notice to mariners. In case of rejection, explanation shall be provided in writing.

Article 52. Procedures for issuance of notices to mariners about the construction sites at sea or on navigational channels

1. The investor or operator shall submit an application, directly or in other appropriate forms, to the issuing organization according to regulations. The application includes:

a) A written form made using the Form No. 31 provided in the Appendix enclosed herewith;

b) A copy of the technical design approved by a competent authority;

c) A copy of a competent authority’s written consent to the construction;

d) A copy of construction plan or drawing;

dd) A copy of the traffic safety plan approved by a competent authority;

e) Main technical specifications of the construction equipment.

2. Procedures for receipt and processing of applications shall be completed as follows:

a) If the application is invalid, within 02 working days from the day on which such application is received, the competent authority shall provide guidance on the completion of the application as prescribed in this Decree;

b) If the application is valid, within 05 working days from the day on which such application is received, the competent authority shall examine the application and issue the notice to mariners. In case of rejection, a written response specifying reasons thereof shall be given.

Article 53. Procedures for issuance of the notices to mariners about underground structures or structures passing navigational channels

1. The investor or operator shall submit an application for the issuance of notices to mariners, directly or in other appropriate forms, to the issuing organization according to regulations. The application includes:

a) A written form made using the Form No. 31 provided in the Appendix enclosed herewith;

b) A copy of the technical design approved by a competent authority;

c) A copy of as-built drawing;

d) Records on commissioning and transfer of the structures;

dd) Records on commissioning of results of obstacle scan;

e) Main technical specifications of the structures.

2. Procedures for receipt and processing of applications shall be completed as follows:

a) If the application is invalid, within 02 working days from the day on which such application is received, the competent authority shall provide guidance on the completion of the application as prescribed in this Decree;

b) If the application is valid, within 05 working days from the day on which such application is received, the competent authority shall examine the application and issue the notice to mariners. In case of rejection, a written response specifying reasons thereof shall be given.

Article 54. Procedures for issuance of notices to mariners about the sea areas where maritime operations are restricted or prohibited

1. The investor or operator shall submit an application for the issuance of notices to mariners, directly or in other appropriate forms, to the issuing organization according to regulations. The application includes:

a) A written form made using the Form No. 31 provided in the Appendix enclosed herewith;

b) A contour map or nautical chart showing the sea areas where maritime operations are restricted or prohibited;

c) A copy of a competent authority’s written consent according to regulations of law (if any);

d) Necessary documents and information relating to the sea areas where maritime operations are restricted or prohibited (if any).

2. Procedures for receipt and processing of applications:

a) If the application is invalid, within 02 working days from the day on which such application is received, the issuing authority shall provide guidance on the completion of the application as prescribed in this Decree;

b) If the application is valid, within 03 working days from the day on which such application is received, the issuing authority shall examine the application and issue the notice to mariners. In case of rejection, a written response specifying reasons thereof shall be given.

Article 55. Issuance of notices to mariners about the newly-found dangerous obstacle

After receipt of information about a maritime accident or emergency resulting in ship sinking or upon detection of obstacles threatening maritime safety, the issuing organization shall immediately carry out inspection, survey and issue a notice to mariners about the newly-found dangerous obstacle.

Article 56. Issuance of notices to mariners about traffic separation, restrictions or suspension of navigational channels

After receipt of the decision on traffic separation, restrictions or suspension of navigational channels within its area, the issuing organization shall immediately issue a notice to mariners.

Article 57. Issuance of notices to mariners about retransmitted information and maritime instructions relating to the maritime operations

After receipt of the information about security, meteorological and hydrological conditions, earthquake, tsunami, health, epidemics and other specialized information relating to the activities of people and ships within seaport waters and Vietnamese territorial waters, port authorities shall issue notices to mariners about such information.

Article 58. Issuance of notices to mariners about announcement of maritime routes and traffic separation within Vietnamese territorial waters

After making a decision or receiving the decision on announcement of maritime routes and traffic separation within Vietnamese territorial waters, the issuing organization shall immediately issue a notice to mariners.

Article 59. Transmission of notices to mariners

1. After being issued, the physical or electronic notice to mariners must be immediately sent to the Vietnam Maritime Administration, the relevant port authorities, relevant pilotage service providers and the Vietnam Maritime Communication and Electronics LLC and other relevant organizations and individuals.

2. The Vietnam Maritime Communication and Electronics LLC shall transmit the notices to mariners through the Vietnamese coastal communication system in Vietnamese and English language by appropriate communication modes. The notices to mariners shall be transmitted using the Form No. 32 provided in the Appendix enclosed herewith.

3. The notices to mariners shall be transmitted as follows:

a) The notices to mariners specified in Clauses 1, 2, 4, 5 and 9, Article 44 of this Decree shall be transmitted at least 02 times a day and in 03 consecutive days;

b) The notices to mariners specified in Clauses 3, 6, 7 and 8, Article 44 of this Decree shall be transmitted 04 times a day in a row until a new notice to mariners is transmitted;

c) Based on the actual condition, the Vietnam Maritime Administration shall consider increasing or reducing frequency or stopping transmitting notices to mariners specified in Point b of this Clause at the request of the Vietnam Maritime Communication and Electronics LLC.

4. Issuing organizations and the Vietnam Maritime Communication and Electronics LLC shall publish all contents of notices to mariners on their websites.

5. Funding for announcement and transmission of notices to mariners are granted by the annual operational funding of authorities and units.

Article 60. Provision of information for notices to mariners         

1. Organizations and individuals have the right to request the provision of notices to mariners.

2. Organizations and individuals engaged in maritime operations within seaport waters, navigational channels and Vietnamese territorial waters shall promptly and accurately provide the issuing organizations with the following information if they discover:

a) Deviations from location or operational features of aids to navigation compared with the contents of announced notices to mariners;

b) New obstacles that are yet to be included in the notices to mariners or marked on the nautical chart;

c) Other information relating to maritime safety.

3. Issuing organizations shall receive and examine data and information specified in Clause 2 of this Article to issue notices to mariners.

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