Chương I Nghị định 70/2016/NĐ-CP về điều kiện cung cấp dịch vụ bảo đảm an toàn hàng hải: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for conditions for provision of maritime safety services, consisting of:

a) Installation, operation and maintenance of aids to navigation, navigational channels and sea lanes;

b) Notices to mariners;

c) Survey activities in service of Notices to mariners;

d) Regulation of maritime safety assurance;

dd) Survey, preparation and issuance of nautical charts of seaport waters, navigational channels and sea lanes; formation and issuance of maritime safety publications and documents;

e) Electronic maritime information;

g) Maritime pilotage service;

h) Removal of obstructions to navigation;

i) Import of marine flares.

2. Other maritime safety services which are not prescribed in Clause 1 of this Article shall be governed by prevailing laws.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign organizations and individuals that get involved in maritime safety services in Vietnam.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Area where maritime pilotage is compulsory (hereinafter referred to as compulsory pilotage area) refers to a restricted area within a seaport waters area or an offshore oilfield, stretching from the area where a pilot boards or leaves a vessel to a wharf, harbor, anchoring area, transshipment area, storm shelter, shipbuilding and repairing plant or offshore petroleum depot and vice versa, where vessels must be steered by pilots in accordance with the Vietnam Maritime Code. A compulsory pilotage area includes one or several vessel navigation routes.

2. Vessel navigation route refers to the itinerary route of a vessel steered by a pilot from a pilot-receiving area to a wharf, harbor, anchoring area, transshipment area, storm shelter or shipbuilding and repairing plant of a seaport or an offshore oil depot within a compulsory pilotage area.

3. Electronic maritime information services include the construction, management and operation of maritime telecommunications network, and the provision of coastal information service and other communication and electronics services for the purpose of maintaining information regarding search and rescue activities, prevention of disasters, maritime safety and security, and protection of maritime environment.

4. Notice to mariners is a document providing information and instructions to seafarers and relevant entities for the purposes of ensuring the maritime safety and security, and preventing environmental pollution.

5. Marine flares are used in maritime safety, search and rescue activities, including handheld flares/torches and buoyant smoke signals which satisfy law regulations and relevant international treaties to which Vietnam is a signatory.

Article 4. Rules for provision of maritime safety services

1. Maritime safety service providers in Vietnam are allowed to carry out their operations only when they ensure the compliance with regulations in this Decree and other relevant law regulations.

2. Maritime safety services must be provided in conformity with law regulations, international treaties to which Vietnam is a signatory and actual condition of maritime operations in relevant regions.