Chapter II

SPECIFIC PROVISIONS

Clause 1

PROCEDURES FOR SHIPS ENTERING AND LEAVING THE SEAPORTS

 

            Article 4. Procedures for notification and confirmation report on ship’s arrival at and departure from the Seaports

            1. Foreign ships arriving at the Seaport must comply with the provisions of Clause 1, Chapter III of the Decree No. 71/2006/ND-CP, Circular No. 10/2007/TT-BGTVT and relevant laws and regulations.

            2. The notification and confirmation on ship’s arrival at the Seaports must comply with Article 24 and Article 25 of the Decree No. 71/2006/ND-CP and related stipulations under the Circular No. 10/2007/TT-BGTVT.

            3. Ship or boat passing the waters of the Seaports, without stop, at least 30 minutes before entering the waters must notify the Maritime Administration on VHF or other appropriate communication means on the ship’s name, length, draft, gross ton, dangerous cargo (if carried on board) and the expected itinerary during the passage.

 

            Article 5. Mobilizing ship to the port

1. Ship mobilization to berth or anchor in the Seaport waters area shall be directed by the Director of the Maritime Administration pursuant to the Article 26 of the Decree No. 71/2006/ND-CP, the Decision No. 46/2007/QD – BGTVT, the Circular No. 10/2007/TT-BGTVT and other relevant laws and regulations.

            2. Inland-water-going means shall be mobilized to anchor at designated anchoring location as directed by the Maritime Administration.

 

            Article 6. Handling procedures for ship’s arrival at and departure from Seaports

            1. The handling of procedures for ship’s arrival at and departure from the Seaports must comply with Articles 27, 29, 30, 32, 33, 34 of the Decree No. 71/2006/ND-CP, Circular No. 10/2007/TT-BGTVT and other relevant laws and regulations.

            2. Except for cases the procedures are carried out as per Articles 27 and 29 of the Decree No. 71/2006/ND-CP, the handling of procedures for ship’s arrival at and departure from the Seaports shall be carried out at the following venues:

            a) The Maritime Administration of Vung Tau: for ship or boat except those regulated in points b, c, d and e of this item.

            b) The Representative Office of the Maritime Administration of Vung Tau in Phu My: for domestically operating Vietnamese ship or boat to enter or leave berths on Thi Vai River in Ba Ria - Vung Tau Provinces;

            c) The Station of the Maritime Administration of Vung Tau in Con Dao: for ship or boat to enter or leave Ben Dam Fishery Harbour;    

            d) The Station of the Maritime Administration of Vung Tau in Phu Quy: for ship or boat to enter or leave Phu Quy Port;

            e) The Station of the Maritime Administration of Vung Tau in Phan Thiet: for ship or boat to enter or leave Phan Thiet Port.

Clause 2

COMMUNICATION AT THE SEAPORT

            Article 7. Using communication means

            1. Organizations, individual, domestic or foreign ship or boat shall communicate with the Maritime Administration at the address, telephone number, fax or email address provided in item 1, Article 3 of the Regulations. If necessary, the ship or boat may communicate through the coast communication stations.

            2. Using VHF channels for communication:

            - Listening watch channel: Channel 16;

            - Working channel: 8 or other designated channels.

            3. The name of the ship, call sign, organization, or individual must be mentioned no more than three times each call or response to the call. Calls and responses on listening watch channel must be made fast and shifted to working channels immediately once contacted.

            4. All the ship or boat, organizations and individuals must not interrupt communication by the Maritime Administration on channels 08 and 16. Normal call on channel 16 shall be strictly prohibited when there are emergency signals on the channel.

 

            Article 8. Confirmation report on ship’s mobilization

1. Upon completion of ship’s mobilization to berth, moor, or anchor at the regulated places in accordance with the approved plan, the shipmaster must report to the Maritime Administration the name of the ship, time of completion of ship’s mobilization and the current position of the ship.

            2. Latest before the ship’s unberthing or leaving the approved anchoring position, the shipmaster must confirm the maritime Administration the name of the ship and the exact time the ship’s mobilization begins.

            3. Shipmaster of the piloted ship may authorize the assisting pilot to carry out requirements in items 1 and 2 of this Article.

           

Clause 3

ACTIVITIES OF SHIP OR BOAT AT THE SEAPORTS

            Article 9. Ship-mobilizing order by the Director of the Maritime Administration

            1. The ship-mobilizing order by the Director of the Maritime Administration may be in one of the following forms:

            a) The ship’s mobilizing plan (to the pilot organization and port business);

            b) Ship-mobilizing order (to the ship);

            c) Permit to leave the port (to the ship);

            d) Ship-mobilizing order directly on VHF, on telephone in cases of emergency or if necessary.

            2. Upon receiving such an order, if unable to implement immediately, the shipmaster or organization, individual shall have the responsibility to timely inform the Maritime Administration in written form (faxed or delivered in person), by telephone, or on VHF for further instructions.

 

            Article 10: Principles of mobilizing ship or boat to berth or moor at floating platform

            1. Ship or boat shall be mobilized to berth or moor at floating platform on the first come first serve principle, except for cases stipulated in the item 2 of this Article:

            2. The order of priority for ship or boat to berth or moor at floating platform is as follows:

            a) Special priority:

            - Ship damaged from accidents or breakdowns and requiring cargo or passenger clearance from board to minimize loss or damage:

            - At the request or order of the authorized state agencies.

            b) Other priority:

            - Ship carrying passenger of cargo on fixed route.

            - At port business’s request for valid reasons concerning cargo source, contract obligations, or planned cargo handling or passenger transport.

 

            Article 11. Itinerary of ship or boat in the Seaport waters

            Ship or boat sailing in the Seaport waters must comply with the Regulations on prevention of ship and/or boat collision issued under the Decision No. 49/2005/QD-BGTVT of 04 October 2005 by the Minister of the Ministry of Transport and other relevant regulations and the following requirements:

            1. Except for shipboard-tow, ship or boat sailing in the same direction must not proceed in parallel with each other.

            2. Except for trying to avoid an immediate danger of collision or unless otherwise regulated, in normal technical conditions, ship or boat must sail at speed specified as follows:

            a) On Channels: Dinh River, Phu Quy, Ben Dam-Con Dao fishery harbour: speed of the ship or boat must not be higher then 8 miles per hour.

            b) On Channels: Vung tau - Sai Gon (From Buoy ”0” to Buoy ”8”), Thi Vai (From Buoy “1A” to Buoy ”29”) speed of ship or boat must not exceed 10 miles/hour.

            3. Speed limitation as per item 1 of this Article shall not apply for public service ships on mission, hydrofoil catamaran or other types of catamaran equipped with wave-making resisting devices.  

            4. Ship or boat must slow down and carefully manoeuvre while passing the following areas:

            a) On the channel in or out of Vung Tau Anchoring Area.

            b) Dinh River Channel section from Buoy “7” to port of Truong Sa Marine Products Company.

            c) Thi Vai River Channel section from Buoy “9” to Buoy “17”; and section from Buoy “21” to from Buoy “29”.

            d) When approaching areas where there are under water activities, dredging operation, salvage or rescue, exercises, inspection and measurement, construction or other restriction.

            5. Ship or boat must not anchor or let float in anchoring area, on channel or areas with pipelines, under water works except for ship or boat damaged as a result of accident or breakdown. In such circumstances, the masters must take all appropriate actions to ensuresafely for the ship, maritime works and other ships or boats and quickly apply measures to bring the ship to safe anchoring places as regulated.

            6. Ship or boat crossing channel must give way to ships and/or boats proceeding on channel.

            7. In case of oil spill, ship or boat shall be prohibited from sailing in the spilling oil-slicks; ship or boat must slow down to the lowest-possible speed just to keep the steering wheel controllable when having to pass or sail near the areas where oil spill prevention activities are carried out.

 

            Article 12. Ship-to-ship boarding of ship or boat

            1. Except for public services ship on mission on in other emergency circumstances, ship or boat shall not board sip-to-ship without the Maritime Administration’s approval.

            2. Ship-to-ship boarding in the Seaport waters shall be carried out compliance with stipulations of Article 40 of the Decree 71/2006/ND-CP. For transshipment of oil or gasoline or other dangerous or hazardous cargo, ship or boat shall only board in one line and must navigate from the waiting area to the boarding location timely on the route as directed.

 

            Article 3. Activities at offshore gas and petroleum ports

            1. Ship or boat shall not enter the safely area of offshore gas and petroleum ports without permission from the Maritime Administration.

            2. Enterprises managing and exploiting gas and petroleum offshore must have a watch 24/24 hours at regulated at safely area to ensure order, maritime safely, maritime security and environmental protection.

            3. In addition to maintaining warning signals as regulated, the offshore gas and petroleum port must keep regular voices on VHF channel 16 in English and Vietnamese tonotify ship or boat operating in the area.

 

            Article 14. Inland-water-going means and fishery ships

            1. In safe conditions, inland-water-going means of less than 20 meter in length shall operate outside of the waters of sea-going ship’s channels. If necessary, the manes may cross the channel in the condition of not affecting or causing a danger of collision with other ship or boat.

            2. Light for decorative purpose on board of floating restaurant and passenger ship must be designed and used in the manner that must not result in misleading or affect the functions or lighting scope or the visibility of any maritime light or warning signal on board of the means as regulated.

 

            Article 15. Report on inland-water-going means’ itinerary

            1. Latest before the final day of each month, the owner of the inland-water-going means operating on fixed routes such as: hydrofoil catamaran, mobile floating restaurant or tourist ship etc... must report the Maritime Administration the next month’s operating schedule of the means; in case of changes, must timely report the Maritime Administration.

            2. The shipmaster of the means regulated in item 1 of this Article must timely report the Maritime Administration sudden changes concerning starting time of the means’ voyage an unusual incidents that may affect the operating schedule of the means.        

            3. The owner of the inland-water-going means for sports or tourist purposes when operating in the Seaport waters must inform means’ operating schedule to the Maritime Administration and only commence when the schedule is approved; in case of changes to approved schedule, must timely notify the Maritime Administration.

 

            Article 16. Ensuring safe maneuvering of ship or boat

            1. Ship or boat must not enter or pass the turning location when there are other ships or boats maneuvering.

            2. Ship or boat when making turn must watch carefully and use appropriate devices to notify other ships and/or boats approaching as well as immediately anticipate the ship or boat mobilization when the other ships and/or boats are still at safe distances.

            3. Ship or boat may manoeuvre back to the location for arrival at or departure from the berth or to the location for boarding or unboarding with other ship or boat in the condition of secure safely and not affecting itinerary, anchoring and mooring activities of other ships and/or boats.

 

            Article 17. Dredging activities and maritime works construction

            Before commencing any dredging activity in the waters on front of any berth, the port business must plan to ensure maritime safely during carrying out the wok and only commence dredging activity when approved by the Director of the Maritime Administration.

 

Clause 4

PILOTAGE SERVICE

            Article 18. Requirements for pilotage services

            Pilotage service provision in the Seaport waters must comply with Chapter IX of the Vietnam Maritime Code, Clause 3, Chapter III of the Decree No. 71/2006/ND-CP and other relevant laws and regulations.

 

            Article 19. Notification and confirmation report on piloting plan

            1. At 16.30 pm the latest each working day, maritime pilotage organization must report in written from to the Maritime Administration the plan of piloting ships of the following day. The plan must consist of: name of the ships, berths, anchoring area when the ships arrive or depart; expected time of pilot embarking, name and rank of the pilots going to lead the ships.

            2. At 8.30 am the latest, maritime pilotage organization must report in written from the updated plan of piloting ships as per item 1 of this Article if any change is made.

            3. In addition to items 1 and 2 of this Article, in any case that requires unplanned pilotage service or makes changes to the pilotage plan, the maritime pilotage organization must timely report such to the Maritime Administration

 

            Article 20. Requirements for pilot embarking and disembarking

            Ship or boat when approaching pilot’s boat must slow down to the reasonable speed for boarding and contact the pilot on the designated VHF channel and pilot ladder must be rigged as regulated at the ship’s board where wind is weaker or at the request of the pilot for safe embarking and disembarking. The pilot ladder must be lighted at night and life savingdevices must be equipped as regulated.

 

            Article 21. Responsibility of maritime pilot

            1. Pilot when performing pilotage duty must strictly comply with Chapter IX of the Vietnam Maritime Code, Clause 3, Chapter III of the Decree No. 71/2006/ND-CP and otherrelevant laws and regulations.

            2. Pilot must embark, disembark at pilot embarking/disembarking area as regulated. In case of piloting ship to enter or leave anchoring area, the pilot must embark or disembark the ship at the ship’s anchoring position.

            3. In addition to the item 1 of this Article, the pilot performing pilotage duty must report the Maritime Administration:

            a) When embarking or disembarking the piloted ship.

            b) When discovering changes to channel, maritime signal.

            c) When there are violations of maritime laws or regulations or accidents, breakdown occurrences to the ship the pilot is board, the pilot must immediately report such to the Maritime Administration; within 24 hours after disembarking the ship, the pilot must report in written from, which must be confirmed by the pilotage organization, on such occurrences. The report must clearly indicate the pilot name, developments of and measures that have been taken to solve consequences of the incidents, the results of applying such measures and proposals (if any).  

            d) When the pilot has any new ideas from observing accidents that have taken place or incidents that would potentially negatively affect maritime security and safety and environmental protection in the Seaport waters.

 

            Article 22. Duties of the shipmaster performing pilotage work by himself

            In case of pilot exemption as regulated in item 3, Article 35 of the Decree No. 71/2006/ND-CP, at least 02 hours before the ship’s mobilization, the shipmaster must notify the Maritime Administration on the piloting and produce the orginal Pilotage Exemption Certificate valid for the ship and for the pilotage area when requested.

 

            Article 23. Coordinating responsibility between pilot, shipmaster and port business

            Before the ship’s mobilization to berth or uneberth, the shipmaster or the pilot must contact tugboat’s shipmaster (for ship or boat assisted by tugboat) and port business to check the readiness of tugboat and berth. In case of unreadiness, the ship master or the pilot must report such to the maritime Administration to have immediate solutions.

 

Clause 5

TUGBOAT ASSISTANCE AT THE SEAPORTS

            Article 24. Using tugboat

            1. Ship or boat of from 80 meters and longer in length over all (LOA) when mobilizing to berth or unberth, manoeuvree, and/or navigate in the Seaport waters must use tugboat assistance in compliance with the following requirements:

            a) At offshore gas and petroleum port

            - Ship or boat of from 80 meters to less than 200 meters in LOA: use tugboat with total main engine power of at least 4000 horsepower.

            - Ship or boat of from 200 meters to less than 250 meters in LOA: use tugboats with total main engine power of at least 6000 horsepower.

            - Ship or boat of 250 meters or more in LOA: use tugboat with total total main engine power of at least 7000 horsepower.

            b) At other ports or floating platforms

            - Ship or boat of from 80 meters to less than 100 meters in LOA: use at least one tugboat with main engine power of at least 600 horsepower.  

           - Ship or boat of from 100 meters to less than 125 meters in LOA: use at least one tugboat with main engine power of at least 1200 horsepower or two tugboats of at least 1200

            - Ship or boat of from 125 meters to less than 150 meters in LOA: use at least two tugboats with main engine power of at least 1000 horsepower each or two tugboats of at least 2000 horsepower in total.  

            - Ship or boat of from 150 meters to less than 175 meters in LOA: use at least two tugboats with main engine power of at least 1200 horsepower each or two tugboats of at least 2400 horsepower in total.  

            - Ship or boat of from 175 meters to less than 200 meters in LOA: use at least two tugboats with main engine power of at least 1200 horsepower and 2400 horsepower respectively.

            - Ship or boat of from 200 meters to less than 225 meters in LOA: use at least two tugboats with main engine power of at least 2000 horsepower each.

            - Ship or boat of from 225 meters to less than 250 meters in LOA: use at least two tugboats with main engine power of at least 2400 horsepower each.

            - Ship or boat of 250 meters or more in LOA: use tugboats with total main engine power of at least 6000 horsepower.

            2. In addition to the stipulations of the item 1 of this Article, one the following case-by-case basis, the Director of the maritime Administration shall decide the number and power of tugboats:

            a) Ship or boat with specialized mobilization-assisting devices equipped on board;

            b) Ship or boat with length and/or gross ton exceeding the publicized physical restrictions of the berth and/or floating quay;

            c) In other necessary circumstances.

            3. Ship or boat moving alongside of the berth with the assistance of the winch may not use tugboat.

            4. Shipmaster of ship or boat of less than 80 meters in length may request tugboat assistance if necessary.

 

            Article 25. General requirements for tugboat provision

            Tugboat allowed to serve in the Seaport waters must fulfill the following requirements:

            1. Tugboat must has onboard valid certificate, documents and qualified and sufficient crew as regulated.

            2. Tugboat’s equipment and technical conditions must be in conditions that ensure safety.

            3. Tugboat’s owner must fulfill requirements for provision of pilotage service as regulated in the Decree No. 115/2007/ND-CP of July 05, 2007 by the Government.

            4. Under permission of the Maritime Administration.

 

            Article 26. Responsibilities of tugboat owner and master

            1. Fully comply with stipulations of Chapter X, Vietnam’s Maritime Code and other relevant laws and regulations.

            2. Latest at 16.30 pm, tugboat owner must report by Fax the pilotage plan for the following day (the report must consist of: tugboat name, power; name of assisted ship or boat; expected piloting time). In case of changes, the owner must timely send supplemental report on such changes within 02 hours after receiving tugboat assistance order or cancellation.

            3. When performing tugboat assistance to sea-going ship to berth or unberth, make turn or manoeuvre to other anchoring locations in the Seaport waters, the master of the tugboat must be ready to meet demands from the assisted shipmaster or pilot.       

            4. The master or pilot on board of the assisted ship must timely report the Maritime Administration the delay and/or the shortage in number and/or total pulling power of the tugboats compared to that as regulated.

 

Clause 6

ENSURING MARITIME SAFETY, SECURITY,

ORDER AND SANITATION AT THE SEAPORTS

 

            Article 27. Ensuring safety for ship or boat operating in the Seaports

            Ship or boat operating at the Seaports must strictly comply with regulations on ensuring safety as stipulated in Articles 45, 46, 47 and 51 of the Decree No. 71/2006/ND-CP, other relevant laws and regulations and following requirements:

            1. The anchoring, berthing or boarding of ship or boat in the Seaport waters must comply with safety rules and regulations.

            2. When navigating, mobilizing, arriving at or departing from berth, floating quay, anchoring area, ship or boat must properly operate the engine, avoid affecting other maritime works, ships and/or boats.

            3. Ship or boat in the Seaport waters on trial run, to adjust compass or other navigator devices must notify the Maritime Administration in advance and only commence when approved.

            4. When building new, repairing or upgrading berths or other works in the Seaport waters, the investor must place efficient warning signal day and night in the constructing areas in compliance with relevant laws and regulations. Anchoring of ship or boat supporting construction must not affect traffic on channel.  

            5. Ship or boat must not operate outside the waters area designated based on classification by Registration Agency; must not transport more than the ship or boat’s regulated capacity, or transport animal or dangerous or hazardous cargo together with passenger.

 

            Article 28. Maritime search and rescue    

            Organization and/or individual operating at the Seaports must strictly adhere to rules and regulations of search and rescue as stipulated in Article 43 of the Decree No. 71/2006/ND-CP, other relevant laws and regulations and the requirements as follows:

            1. Strictly abide by the request by the Director of the Maritime Administration on cooperation in search and rescue in the Seaport waters.

            2. Prohibit using communicating means on board of the ship or other equipment or tools to send out false maritime distress signal. In case of sending false distress signals by accident by communication means such as EPIRB buoy, HF, VHF ect., the shipmaster must immediately report such to the Maritime Administration and timely apply measure to inform the cancellation of the distress signals.  

 

            Article 29. Dealing with maritime accidents

1. Organization or individual operating at the Seaports must strictly adhere to the Article 44 of the Decree No. 71/2006/ND-CP and other rules and regulations.

            2. When accidents or breakdowns occurs, the shipmaster must:

            a) Seek all possible ways to ensure safety of life and the ship and immediately organize search and rescue activities in accordance with relevant regulations.

            b) Inform the Maritime Administration right away on VHF channel 16 or other available communication means.    

            c) Send the Maritime Administration a report as stipulated in the Decision No. 48/2005/QD-BGTVT dated 30 September 2005 by the Minister of the Ministry of Transport on reporting regime and maritime accident investigation.

 

Article 30. Aquaculture in the Seaport waters

            1. Organization, individual shall only place fish trap, weir or other immobile means to catch or grow fish in the Seaport waters under the permission of the Maritime Administration and authorized local agencies. Fish trap and other immobile means to catch fish must fulfill the following requirements:  

            a) The traps must be placed at time and location as approved in the written permit.

            b) Fish trap and other immobile means to catch and grow fish must be equipped with signal light or sign in accordance with the relevant laws and regulations.

            c) Traps must not be placed in zigzag shape or in parallel with each other in river.

            2. Mobile fish traps or weirs, trawl nets or bottom trawling nets or other means to catch or grow fish and other aquatic species shall be prohibited if such means affect the operation of ships and/or boats.

            3. Immobile fish traps or other immobile means to catch or grow aquatic species as well as remaining of such means or activities must be clearly removed when the traps or means are no longer used or operated.

 

            Article 31. Military exercises, sports and recreational activities in the Seaport

            The organization of military exercises, sports and recreational activities and other similar activities in the Seaport waters must adhere to Article 49 of the Decree No. 71/2006/ND-CP, other relevant laws and regulations and the following requirements:

            1. Such carrying-outs must not interrupt in maritime activities in the area.

            2. Latest 7 days before planning the organization of the activities as per the item1 of this Article, the organizing unit must send a written request, which is attached with a plan to ensure maritime safety, to the Maritime Administration and shall commence only with a consent.

 

            Article 32. Management and operation of maritime channel

            The unit managing or operating maritime channels in the Seaport waters must comply with stipulations of Article 27 of the Decision 53/2005/QD-BGTVT dated October 27, 2005 by the Minister of the Ministry of Transport, other relevant laws and regulations and the following requirements:

            1. Ensure technical conditions of the maritime channels as regulated.

            2. Timely report the Maritime Administration:

            a) When discovering blocking objects on channels, or maritime warning signals’ breakdowns or loss or malfunction.

            b) Before and after fixing or improving maritime warning signals.

            3. Quarterly report in writing the physical condition of the channels and maritime warning signals.

 

            Article 33. Disposal of garbage, sewage and ballast water

            Ship or boat must strictly abide by the rules and regulations on disposal of garbage, sewage and ballast water in the Seaports as follows:

            a) Garbage must be categorized as regulated and contained in appropriate containers for the garbage collecting unit to collect when the ship arrives in port, and then twice a day for cargo carrier or once a day for passenger ship;

            b) Sewage, sludge, oil or compound chemicals of oil and other hazardous matters must be contained in specialized devices and moved to collecting means onshore.

            2. Port business or organization providing ship with hygienic services at port must prepare means capable of receiving waste, sewage from ship or boat and must comply with hygienic and environmental protection rules and regulations.

 

            Article 34. Maritime Security

            Ship or boat and the business must stringently adhere to the International Ship and Port Facility Security Code (ISPS Code) and other relevant laws and regulations.

 

Clause 7

PREVENTING AND FIGHTING AGAINST FIRE, EXPLOSION AND ENVIRONMENTAL POLLUTION

 

            Article 35. Preventing and fighting against fire and explosion

            Shipmaster, relevant enterprises must fully comply with regulations on the preventing and fighting against fire and explosion at the Seaports in conformity with Article 53, 54, 55 of the Decree No. 71/2006/ND-CP, relevant laws and regulations and the requirements as follows:  

            1. Enterprise shall only transship gasoline and petroleum or dangerous or hazardous cargo in the transshipment area when the ship’s technical particulars do not allow berthing or entering the channel.

            2. When fire or explosion takes place, shipmaster and related businesses must timely implement responsive measures and inform the maritime Administration immediately as regulated.

 

            Article 36. Prevention of environmental pollution

            Shipmaster, related enterprises must abide by the stipulations on prevention of environmental pollution at the Seaports as per Articles 47, 48, 51, 56, and 57 of the Decree No. 71/2006/ND-CP and other regulations as follows:

            1. Transshipment of gasoline or petroleum or other dangerous or hazardous cargo shall only be carried out at locations designated by the Maritime Administration in permitting weather conditions. When transshipping, there must be appropriate means or equipment available at the cargo handling location to cope with oil spill incidents or to prevent or fight against fire or explosion.

            2. Shipmaster, related businesses must implement responsive measures to the environmental polluting incidents at the request of the Director of the maritime Administration and authorized agencies as regulated.

 

Clause 8

PORT BUSINESS’S RESPONSIBILITIES

 

            Article 37. Notification and confirmation report on the Seaport’s exploitation plan

            Latest at 16.00 pm every working day, the port business must report in writing (faxed or delivered in person) the Maritime Administration the expected plan to receive or mobilize ship to enter or leave the port, or to move ship’s position in the Seaport in the next day and must confirm if there are changes to the report.

 

            Article 38. Other regulations

            In addition to organizing strict implementation of stipulations of Articles 39, 52 and 54 of the Decree No. 71/2006/ND-CP and other relevant laws and regulations, the port business must fulfill the following requirements:

            1. Organizing workers who have trained and been certified for mooring, handling of cargo and equipped with proper safety appliance.

            2. Preparing plan to prevent, fight against, search or rescue in the Seaport waters.

            3. Periodically inspecting and checking physical conditions of berths and timely report the inspection’s result to the Maritime Administration as regulated.

            4. In mobilizing the ship to berth or unberth and when there is no ship berthing, onshore cranes must not reach out to the water side. In case when such reaching-out is for repair or periodical guarantee, the business must notify in writing and only commence the work under the permission of the Maritime Administration; simultaneously, must apply appropriate measures to ensure safety as regulated.

            5. Requirements for business managing and operating gasoline and petroleum dedicated ports

            a) Have preventive plan, sufficient means, equipment and forces to prevent and effectively and timely cope with oil spill incidents in the Seaports.

            b) In limited conditions and capability, the business must contract with unit specialized in dealing with oil spill incidents to have support when the incidents take place.

            c) When there are cargo-handling activities at port, the business must prepare ship or boat with specialized equipment and devices to deal with oil spill when needed.