Chapter II
SPECIFIC PROVISIONS

Clause 1
PROCEDURES FOR SHIPS ENTERING AND LEAVING THE SEAPORTS

Article 4: General requirement for ship or boat arriving at the Seaports

1.    Foreign  ship or boat arriving at the Seaports must comply with stipulations of Clause 1, Chapter III of the Decree No. 71/2006/ND-CP, Circurar  No. 10/2007/TT-BGTVT and other relevant laws and regulations.

2.     In addition to stipulation of item 1, this Article, Vietnamese and foreign ship or boat arriving at Ho Chi Minh City’s  Seaports must not be more than 230 meters on LOA, and must be of suitable draft, gross ton, and other particulars to the physical conditions of channels berth, floating platform, anchoring area ragulated by the authorized agencies; in case LOA, gross ton and/ or draft exeed the physical conditions of channel, berth, floating platform, or anchoring area, must transship cargo as Director of the Maritime Administration in the department in the transhipment area or must gain permission from Vietnam Maritime Administration before proceeding

Article 5: Procedures for notification and confirmation report on ship’s arrival at and departure from the Seaports

1.    The notification anf 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 of the Circular No 10/200/TT-BGTVT

2.    The confirmation report on ship’s departure from the seaports must comply with Article 28, Decree No. 71/2006/ND-CP and related stipulations of the Circular No 10/200/TT-BGTVT

3.    Ship or boat passing the waters of the seaports without stop latest before entering the seaport waters must notify the Maritime Administration on VHF or other approprite communication means of the ship’s name, length, draft, gross ton, dangerous cargo (if carried on board) and the expected intierary during the passage.

4.    For Vietnamese inland-water-going means, the notifycation and confirmation report on arriival at or depature from the Seaports must be done together with the procedures for ship’s arrival at or departure from the Seaports

Article 6: Mobilizing ship to the Seaports

1.    Ship mobilization to berth or anchor in the Seaport waters shall be directed by the Director of the Maritime Administration pursuant to the Article 26 of Decree No. 71/2006/ND-CP, Decision No. 49/2007/QD-BGTVT, the Circular No 10/200/TT-BGTVT and other ralevant laws and regulations.

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

Article 7: Handling procedures for ship’s arrival at anf departure from the Seaports

1.    The handling of procedures for ship’s arrival at and departure from the seaports must comply with Articles 27,29,33,34 of Decreee No 71/2006/ND-CP, Circular No 10/200/TT-BGTVT and other ralevant laws and regulations.

2.    Inland-water-going means and Vietnamese fishery ship shall carry out procedures for entering of leaving the seaport once at the Head- Office of Maritime Administration together with procedures for ship to berth or board ship-to-ship. The means must leave the seaports at timely as indicates in the departing permit. In case of changes of time for leaving the Seaports or of crew members or safety conditions of the means, the owner of the means must notify the Maritime Administration or carry out relevant procedures to leave the Seaports

3.    Procedural documents for entering and leaving the Seaports of inland-water-going means and Vietnamese fishery ships shall be handled as regulated in the Decree No. 132/2006/ND-CP of October 27,2006 by the Vietnamese Government regulating aquaculture activitives of Vietnamese organizations or individuals on the sea , section VI of the Circular No. 10/2007/TT-BGTVT, the Decision No. 07/2005/QD-BGTVT of January 7, 2005 by the Ministry of Transport stipulating the Management Regulations of Seaport and Inland-water Port

Clause 2
COMUCICATION AT THE SEAPORTS

Article 8: Using communication means

1.    Organizations, individuals, domestic or foreign ship or boat shall communicate with the Maritime Administration at the address, telephone number, fax or email address provided in Artiicle 3 of the Regulations

2.    Using VHF channels for communicaton:

a)    Vietnamese and foreign ship or boat when arriving, stopping by the departing from the seaports must maintain contact with the Maritime Administration an designated VHF channels; without designation, must maintain  contact on the following channels;
-    The listening watch channel: Channel 16.
-    Working channel: 9 or 77 and other designated channels once contacted

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

c)    All ship or boat, orgnizations and individuals must nor interrupt communication by the Maritime Administratioon on channels 9 and 77. Ship or boat operating in the Seaport waters shall be strictly prohibited from using channel 16 for non- emergency communication purpose when there is an emergency signal on the channel

3.    If necessary, the ship or boat may communicate through the coast communication stations in the region

Article 9: Comfirmation report on Vietnamese or foreign 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 Vietnamese of foreign shipmaster must confirm the Maritime Administration the name of the ship and the exact time the ship’s mobilization begins

3.    Shipmaster of pilot ship may authorize the ship- leading pilot to the impliment requirements as per items 1 and 2 of this Article

Clause 3:
ACTIVITIVES OF SHIP OR BOAT AT THE SEAPORTS

Article 10: 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:
-    The ship’s mobilizing plan;
-    Ship- mobilizing  order;
-    Permit to leave the port ;
-    Ship- mobilizing order directly on VHF, on telephone in case 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 futher instructions

Article 11: Itinerary of ship or boat in the Seaport water

1.    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 4 October 2005 by the Minister of the Minitry of Transport and other relevant laws and regulations

2.    In addtion to the item 1 of this Article, ship or boat operating in the Seaport waters must adhere to the following regulations:
a)    In restricted conditions, to ensure safety, the ship or boat must proceed as close to the channel’s right edge as possible. Gradually crossing the channel shall be prohibitied
b)    Small ship or boat, if able to safety navigate on the outsite waters of the channel must proceed as close to the river banks as possible and must not affect the itinerary of large ship or boat that shall only be safety sailing in the channel waters

3.    At narrow channel section and sudden- turn locations, sea- going ship of 1000 GT or more must not pass from front or behind the other ship or boat, ecspecially in the areas: My Canh turning location, channel section from Wharf K14 to K51C- Ben Nghe, and turning sections Den Do Cape, Da Han, coude the L’est and An Thanh Cape

4.    Ships and/ or boats sailing in the same direction must not proceed in parallel with each other and muast always keep a safe distance from ship and/ or boat in front and behind

Article 12 : Speed of ship or boat on channel

1.    Ship or boat navigating on channel must adjust and maintain safe based in the physical conditiions of the seaports, especially must consider the traffic density, effects of waves caused by the navigating ship or boat to anchoring ship or boat, berth, ferry platform, pier and small inland-water-going means proceeding and works on river, onshore and at waterfront

2.    Expect for case of trying to avoid an immediate danger of collision, ship or boat of allowed teachnical particulars in normal weather conditions must proceed at the speed as raguleted as follows:
a)    From the three –way intersection Binh Khanh to the three-way intersection Ong Nhieu: the speed must not exceed 10 miles per hour
b)    From  Den Do Cape to downstream of Wharf K15C of Ben Nghe Port : the speed must not exeed 6 mile/hour
c)    From Wharf K15c of Ben Nghe Port to Sai Gon Port: speed must not exeed 5 mile/ hour

3.    Speed limits as per item 2 of this Article shall not apply for public service ship, fire -fighting  ships, recue ship in mission, hydrofoil catamaran and other catamaran dasigned to rasit wave – making

4.    Ship or boat must slow down and carefully manoeuvre when passing by or near:
a)    Docks, ferry terminal or passengership pier
b)    Areas where divers are working , or where dredging or other under water activitives carried our
c)    Small ship or boat, sailboats
d)    Salvage ship in operation
e)    Other areas of restriction as notified by the Maritime Administration

Article 13: Ship- to ship boarding of ship or boat

1.    Sea- going ships before carrying our ship –to-ship boarding operation must gain approval of the Maritime Administration as per Article 40 Clause 4 Chapter III of the Decree No. 71/2006/ND-CP in form of mobilizing order

2.    Public service ship, pilot ship shall be permitted to board ship-to-ship to implement their duties as regulated

3.    Inland-water-going means when boarding ship-to-ship must comply with:
a)    Inland-water-going means board ship-to-ship with sea-going ships or berth as directedby the Maritime Asministration as said in the departing permit. Without such permission, inland-water-going means shall not berth or board ship-to-ship with other ship or boat in the Seaport waters, except those areas as regulated in item 2, Article 6 of this Regulations
b)    When the approved berthing or ship-to-ship boarding period expires, the means must sail to the designated locations or leave the Seaport waters
c)    When boarding ship –to-ship to handle cargo, inland-water-going means must not anchor in more than 2 lines side-by-side with other means of 200 tons or more and more than 3 lines side-by-side with other means of less than 200 tons
d)    When boarding ship-to-ship with other ship or boat that sre berthing at Wharfs M1,M2,K12B  of sai gon port and Wharf K14,K15 Ben Nghe Port or to supply fuel, tranship gasoline or petroleum or other dangerour cargo, the means shall only board in maximum one line

4.    Inland- water-going means shall anchor at designated anchoring areas in compliance with the following requirement:
a)    When mooring at floating platform, the means shall only board in maximum 5 lines and must apply measures to prevent to means form turing or occupying channel
b)    Means shall not be allowed to moor to wait for handling cargo at the floating Wharf B21A, B25

Article 14: Anchoring of ship or boat:

1.    Before moving from the designated anchoring location, the shipmaster must inform the Marritime Administration and shall only commence mobilizing to new location when approved, expect for case of trying to prevent an immedicate danger of collision

2.    Upon anchoring, the shipmaster must determine the exect anchoring location and inform the Maritime Administration of such location

3.    Ship or boat shall not be allowed to anchor on channel, turning locations (except when anchoring for turning purpose), ferry pier, passenger plattform, underwater works, under high- voltage power transmission lines, cross- over bridges, oe near maritime signals or other restricted areas, except for force majeure circumstances or when trying to avoid an immediate danger of collision. In all case, the shipmaster civil liability shall not be waived if there are losses of life or properties, damage to environment as a re sult of the anchoring

Article 15: Ensuring safe mobilization of ship or boat

1.    Ship or boat must not enter or pass the turning location when are other sea-going ships maneuvering  and if the action deems to effect such maneuvering

2.    Sea- going ship when making turn must watch carefully and use appropriate devices to notify other ships and/or boats mobilization before proceeding and when the other  ships and/ or boats are still ar safe distances

3.    The following waters areas shall be designated turing locations for sea- going ships
a)    My Canh turning location
b)    Three- way intersection Kenh Te
c)    Cat Lai turning location
d)    Hiep Phuoc turning location

4.    In impossible mobilizing conditions, ship or bost may maneuver back to location for arrival at or departure from the berth or to the location for boarding or unboarding the order ship in the condition of secure safete and not affecting itinerary. Anchoring and mooring activitives of othe ships and/or boats

Article 16: Operation of inland-water-going means of less them 10 meterrs in length ad passengers carrier

1.    Inland-water-going means of less than 10 meters in length (including sailboats) shall not be allowded  to dperate in the waters of sea- going ship’s channels and affect the itinerary of the ships oe boats  that only safely navigate on the channels. In case of crossing the channel, the means shall have to take the ghortest- possible   navigating distance not to affect or cause a danger of collision with other  ship or boat

2.    Passengers carrying means over river must sail on ragulated routes and in all circumstances must give way to sea- going ship on the channels

Article 17: 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: inter-provincal passenger ship, hydrofoil catamaran, mobile floating restaurants or tourist ship, and other passenger  carrying means excluding ferry and passenger boats operating to/from ferry pier or to/from over-river passenger platforms: Must report the Maritime Administration the next month’s operating schedule of the means; in case of changes, must timely report the reschedule. The schedule must consist of: name of the means, type, length, time and operating routes

2.    The shipmaster od the means regulated in item 1 of this Article must timely report the Maritime Administration sudden changes concerning staring time of the means’ voyage and unsual incidents that may affect the schedule of the means

3.    Light for decorative purpose (if any) on the means mentioned in item 1 of this Article  must be designed and used in the menner that must not result in misleading or affect the lighting scope or the visibility of any maritime light or warning signal on board of the means as regulated

4.    The owner of the inland-water-going means for sport of 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 the approved schedule, must timely nofity the Maritime Administration

Clause 4
PILOTAGE SERVICE

Article 18: Requirements for pilotage service

The 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, other ralevant laws and regulations and the following  requirements:

1.    At 16.30 pm the lastest each working day, maritime pilotage organization must report in written form 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 lastest, maritime pilotage organization must report in written form the upgraded plan of piloting ships as per item 1 of this Article if any change is made

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

4.    The pilot organization must timely inform the pilot assist a ship or boat of the expected mobilizing plan of the ship or boat that is provided by the Maritime Administration and related changes if any

Article 19: Requirements for pilot embarking and disembarking

Ship or boat when approaching pilots boat must slow down the resonable speed for boarding and contact the pilot in the designated VHF channel and pilot ladder must be rigged as regulated at ship’s board where wind is weaker or at the request of the pilot for the safe  embarking and disamberking. The pilot ladder must be lighted at night and life saving devices must be equipped as regulated

Article 20: 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. 71/200/ND-CP and other ralevant regulations

2.    In addition to the item 1 of this Article, the pilot performing pilotage duty must report the Maritime Administration:
a)    Time of embarking, time of staring and finishing  pilotage duty upon embarking and right before disembarking the ship
b)    The pilotage performance, changes that are dangerous and potentially affecting maritime safety, security, enviromental protection in the seaport waters and/or maritime acidents, incidents that occur to the piloted ship or are discovered by the pilot while performing the pilot duty

3.    In case of acident occurrence to the ship the pilot on board, the pilot must report such in writing to the Maritime Administration. The report must clearly indicate the pilot name, developments of and measures that have been taken to solve consequenes of the incidents, the results od the applying such measures and proposal (if any)

Article 21: 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 mibilization, the shipmaster must nofity the Maritime Administration on the piloting and produce the original pilotage exemption certificate valid for the ship and for the pilotage area when requesred

Clause 5
TUGBOAT ASSISTANCE AT THE SEAPORTS

Article 22: Using tugboat in normal maritime conditions In normal maritime conditions, Vietnamese or foreign ship or boat of 80 meters or more in LOA when mobilizing to berth or leave quy, floating platform or make turn, move anchoring possition in the seaport waters in front of berths, quay, floating platform must be assisted by tugboat as follows:

1.    Ship or boat of from 80 meters to less than 95 meters in LOA: use at least on tugboat with pulling power of at least 500 horsepower

2.    Ship or boat of from 95 meters to less than 120 meters in LOA : use at least two tugboats with pulling power of at the least 500 horsepower each 

3.    Ship or boat of from 120 meters to less than 145 meters in LOA : use at least two tugboats with pulling power of at the least 500 horsepower each  and 1000 horsepower respectively

4.    Ship or boat of from 145 meters to less than 160 meters in LOA : use at least two tugboats with pulling power of at the least 1000 horsepower

5.    Ship or boat of from 160 meters to less than 175 meters in LOA : use at least two tugboats with pulling power of at the least 1500 horsepower and 1000 horsepower respectively

6.    Ship or boat of from 175 meters to less than 190 meters in LOA : use at least two tugboats with pulling power of at the least 1500 horsepower each

7.    Ship or boat of from 190 meters to less than 205 meters in LOA : use at least two tugboats with pulling power of at the least 1500 horsepower and 2000 horsepower respectively

8.    Ship or boat of from 205 meters to or more in LOA : use at least two tugboats with pulling power of at the least 2000 horsepower each

9.    Ship or boat moving alongside of the berth with the assistance of the winch may not use tugboat. If necessary, such ship or boat or any other ship or boat of less than 80 meters in length may request tugboat assistance

Article 23: Using tugboat in abnormal maritime conditions

1.    In abnormal maritime conditions, the Director of the Maritime Administration  shall decide the number and power of tugboat assisting ship or boat mibilization to berth, unberth in consultation with the shipmaster and involving pilot organization

2.    For ship or boat equipped with mibolization assisting devices, the Director shall consider reducing the number of tugboat based on the capability of the devices, as well as in a written request by the shipmaster, a recommendation in writing by the piloting aboard and other conditions

Clause 6
ENSURING MARITIME SAFETY, SECURITY, ORDER AND SANITATION AT THE SEAPORTS

Article 24: Ensuring safety for ship or boat operating in the Seaports

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

1.    The anchoring, berthing or mooring 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, and avoid affecting thoer 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 in conformity aith relevant rales and regulations

4.    Ship or boat must pay careful attention to the air draft of river cross-over works as publiczed in the maritime Nofitycation. In any case, ship or boat must not pass under the works if the air draft of the ship exceeds the limit

Article 25. Maritime seach and rescue

Organization and/or individual operating at the seaports must strictly adhere to the stipulations on seach and rescue 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 resaue in the Seaport waters.
2.    Prohibit using communication means on board of the ship or other equipment or tools to dent out false maritime distress signal. In case of sending false distress signals by accident by communication means such as EPIRB buoy, HF, VHF etc.., the shipmaster must immedietely report such to the Maritime Administration and timely apply measures to inform the cancellation of the distress signals

Article 26. Dealing with maritime accidents

1.    Organization or individual operating at the seaports must strictly adhere to regulations on dealing with maritime acidents as stipulated in the Article 44 of the Decree No. 71/2006/ND-CP, other rules and regulations and item 2 of this Article

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

A)    Seek all possible ways to ensure sefety of life and the ship and immedistely organize search and rescue activitives in accordance with relevant ragulations
B)    Inform the Maritime Administration right away on VHF channel 16 or other available  communication means, and carry our measures to minimize possible damages and assist the other colliding ship or ships if such assistance does not affect the safety of his ship
C)    Send the Maritime Asministration 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 27: Aquaculture in the Seaport waters

1.    Organization, individual shall 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 fufill 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)    The trap must be placed far away from shipping channels, underwater works, maritime signal lights, light houses, floating platforms, maritime signals and other constructions as regulated
D)    Traps must 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 of grow fish and other aquatic species shall be probihited 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 remainings of such means or activitives must be clearly removed when the traps or means are no longer used or operated

4.    Placing fish trap or weir shall not be allowed in the following areas:
A)    Seaport channel, anchoring area, transhipment area, torm sheltering area, waterfront of berth, floating quay and turning locations
B)    Sai Gion River’s section from the three-way intersection Den Do to Saigon Bridge
C)    Dong Nai River’s section: from the three- way intersection Den Do to the three-way intersection Sau River
D)    Tac Dinh Cau Area

Article 28. Military excercises, sports and recreational activitives in the Seaports

1.    The organizing of military excercises, sports and recreational activitives and other similar activitives in the seaport waters must adhere to Article 49 of the Decree No. 71/2006/ND-CP, Section XIV of The Circular No. 10/2007/TT-BGTVT and other relevant laws and regulations

2.    Latest 15 days before planing the organization of the activitives as per the item 1 of this Article, the organizing unit must send a written request, which must be attached with a plan to ensure maritime safety, to the Maritime Administration and shall commence only with a consent

Article 29: Ensuring safety in towage and mouse and insect fumigation

1.    In pull-tow or push-tow or shipboard- tow operation that the tugboats and towed ship are not staunchly grouped, the maximum length of the towing team must:
a)    Not exceed 120 meters on the section from the three- way intersection Den Do to the downstream of Sai Gon Bridge’s safe corridor
b)    Not exceed 200 meters in other areas

2.    Ship or boat shall only fumigate mice and insects in the quarantine area as per the Decision No. 49/2007/QD-BGTVT or other areas designated by the Maritime Administration

Article 30: Maritime security

Ship or boat and the port 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 ENVIROMENTAL POLLUTION

Article 31: Preventing and fighting against fire and explosion

1.    Shipmaster, relevant enterprises must fully comply with regulations on preventing  and fighting against fire and explosion  at the seaports in confomity with Article 53,54,55 of the Decree No. 71/2006/ND-CP and relevant laws and regulations

2.    Ship or boat shall only repair main engine or carry out work that involves electric spark , rust removing, and painting of the ship at the seaports under permission by the Maritime Administration. When requesting such permission , the owner of the ship or boat must produce the following documents:
a)    Shipmaster’s request clearly stating: the items to be repaired and expected repair time duration, guaranteed application of measures to ensure labour safety, prevent and fight against fire and explosion and enviromental pollution in accordance with relevant laws and regulations
b)    Ship repairing contract, list of people involving in repair work and business registration certificate, expertise certificate of workers ( if hired for repair work)
c)    Options in writing of port business, where the ship to be repaired is anchoring, concerning the repair work’s possible effects in their business or oprations, and the port business’ plans to prevent and fight against fire and explosion and protect enviroment

3.    Ship or boat carrying crude oil or product processed from crude oil shall only handle cargo at specialized berth as regulated

4.    Ship and boat shall only transship gasonline and petroleum or other dangerous cargo in transhipment area designated by authorized agencies  and directed by the Dicrector of the Maritime Administration. The transhipment as stipulated in this item shall only be carried out when all requirements regarding maritime safety, enviromental ptotection, fire- fighting and explosion prevention are met

5.    On the case-by-case basis, the Director of the Maritime Administration shall have other requirements necessrary for the transshipment of other dangerous cargo in compliance with Vietnam’s laws and regulations and international conventions that Vietnam is member state of

Article 32: Prevention of enviromental pollution

1.    Shipmaster, ralated enterprises must abide by the stipultions on prevention of enviromental pollution at the Seaports as per Article 47,48,51,56,57 of the Decree No 71/2006/ND-CP and other related laws and regulations

2.    Shipmaster, related business must implement responsive measures to the enviroment- polluting incidents at the request of the Director of the Maritime Administration and authorized agencies as regulated
3.    Port business or orgtanization 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 enviromental protection rules and regulations

4.    Ship or boat disposing sewage, sludge, waste containing oil and other hazardous material to specialized processing means must inform in advance such to the maritime asministration and only commence when approved. When the disposal completes, the shipmaster must report the Maritime Administration for inspection. In case the shipmaster requests, the Maritime Administration shall substantiate the steps of disposing sludge or waste the ship has taken and what were written  in the Oil Diary or the ship

5.    The disposal mentioned in item 2 of this Article shall be compulsory for the ship or boat that has stayed in the seaports in more 15 days, except for ship or boat being repaired in workshop and ship that main engine and light engine stop working

6.    Garbage must be contained in specialized receptacles for collecting. Collection must be carried out twice day for cargo carrier or once a day for passenger ship except for ship equipped with waste burning receptacle on board. People and means collecting and transporting garbage or waste must adhere to regulations on hygienic and enviromental protection. Before collecting, the collecting unit must produce business registration certificate to the Maritime Administration

Clause 8
PORT BUSINESS’S RESPONSIBILITIES

Article 33: Port business’s responsibilities The port business must adhere to the

Articles 39 and 52 of the Decree No. 71/2006/ND-CP, relevant laws and regulations and the following requirements:
    1. Latest at 16.40 pm each working day, the business must report in writting( faxed or delivered in person) the Maritime Administration the following day working plan; an case of unexpected changes, such must be notified to the Maritime Administration in writing (faxed or delivered in person) or by telephone or on VHF for solutions

    2. Every 6 months, the port business, floating pier’s owner must measure the depth in front of berths, floating pier and must sent the result of the measurement to the Maritime Administration

    3. 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. An 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