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 Seaports 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 Circular No. 10/2007/TT-BGTVT.

    3. The confirmation report on ship’s departure from the Seaport must comply with Article 28, Decree No. 71/2006/ND-CP.   

Article 5. Mobilizing ship to the Seaports    
    Ship mobilization to berth or anchor in the Seaport waters area shall be directed by the Director of the Seaport Authority pursuant to the Article 26 of Decree No. 71/2006/ND-CP, the Decision No. 09/2007/QD-BGTVT, Circular No. 10/2007/TT-BGTVT and other relevant laws and regulations.
       

Article 6. Handling procedures for ship’s arrival at and 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 Decree No. 71/2006/ND-CP, the Circular No. 10/2007/TT-BGTVT and other relevant regulations.

    2. Except for cases the procedures are carried out as per item 4 Article 58 of Decree No. 71/2006/ND-CP, the handling of procedures for ship’s arrival at and departure from the Seaport shall be carried out at:
    a) Seaports in Da Nang: Maritime Administration of Da Nang
    b) Ky Ha Seaport: Office of Maritime Administration of Da Nang in Ky Ha Clause 2
COMMUNICATION AT THE SEAPORTS   

Article 7: Using communication means
    1. Organizations, individuals, domestic or foreign ships shall communicate with the Seaport Authority at the address, telephone number, fax or email address provided in Article 3 of the Regulations.

    2. Using VHF channels for communication:
    - Contacting on the listening watch channel: Channel 16;
    - Working channels: 13 or other designated channels.
    3. The name of the ship, organization, or individual must be mentioned no more than three times each call or response. Calls and responses on listening watch channel must be carried out fast and shifted to working channels immediately once contacted.

    4. All the ship, organizations and individuals must not interrupt communication by the Maritime Administration on channels 13 or 16. Ships operating in the Seaport waters shall be strictly prohibited from using channels 13 or 16 for private communications.

    5. If necessary, the ships may communicate through the coast communication stations.
   

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.
   

Clause 3
ACTIVITIES OF SHIPS 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:
    - The ship’s mobilizing plan (to the pilot organization and port business);
    - Permit to leave the port (to the ship or boat);
    - Ship-mobilizing order directly on VHF; on telephone in case of emergency or if necessary.

    2. Upon receiving such an order, if unable to carry out 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 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 incurring accidents, breakdown occurrences and require cargo clearance from board to minimize loss or damage.
    - At the request or order of the authorized state agencies. 
    b) Other priority rights:
    - Ship or boat carrying cargo or passenger on fixed, periodical and port-indicated routes.
    - Ship or boat having demurrage and bonus contract for handling cargo with port business and at the request of the port business. In case there are more than one contracting ships, the value of the contract shall decide the order of priority.
    - When there are valid reasons for port business’s quick handling of legal cargo source or boarding or unboarding passengers, the Maritime Administration shall decide upon a written proposal from the port business.
   

Article 11. Itinerary of ship or boat in the Seaport waters   
    Ships 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 Ministry of Transport and other relevant regulations and the following requirements:

    1. Must strictly and timely abide by the mobilizing order of the Director of the Maritime Administration; if unable to carry out the order immediately, must timely inform the Maritime Administration for instructions.

    2. Ship and/or boat sailing in the same direction must not proceed near or in parallel with each other and must always keep a safe distance from ship and/or boat in front and behind.

    3. When sailing on notified channels, ship or boat must operate at reasonable speed for safety reason, with careful attention to narrow channels, turning locations, and areas with under water activities, construction, dredging activities, signal buoy floating, rescue and salvage, cargo loading or unloading, mooring and ship-mobilizing activities of other ships or boats; Ship or boat going to cross channels must give way to other ships and/or boats on the channels. Ship or boat with LOA of 80 meters or more shall not be allowed to pass each other in the same direction on the channel to Song Han Port, X.50 and Ky Ha Port.

    4. Ship or boat shall not be allowed to anchor or stop on channels, above the underwater pipes and constructions, under high-voltage power transmission lines, bridges, maritime signals or areas with other restrictions, except for cases of accident or breakdown occurrence to the ship or boat. In such cases, the maters must take all appropriate actions to ensure safety for the ship and other ships or boats and quickly apply measures to bring the ships to safe anchoring places as regulated.

    5. Sea-going ships shall only mobilize through areas where there are cross-over works (the Bridges Thuan Phuoc and Song Han) if having the reasonable height and a consent from the Maritime Administration. In case the ship or boat having excessive height enters the ports upstream of the Song Han Bridge later than 16.00 each day, the Maritime Administration shall manage for the ship or boat to anchor in Han River in the section downstream of the Song Han Bridge to wait before entering the ports. Ship or boat going through Song Han Bridge on the returning voyage will be served in the first-out-last-in basis.

    6. In the 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 when passing or sailing near the areas where oil spill prevention activities are carried out.

Article 12: Berthing, mooring and boarding of ship or boat
    The berthing, mooring and boarding of ship or boat in the Seaport waters shall be carried out in compliance with Article 40 of the Decree 71/2006/ND-CP and the following requirements:

    1. At the Tien Sa port: Ship or boat shall be permitted to board in double lines.

    2. In the Song Han Seaport (from Berth 1 to Berth 5) and in the Ky Ha Seaport (except Elf Gas Ky Ha): ship or boat of from 1000 DWT to 2500 DWT shall be permitted to board in double lines, ship or boat of less than 1000 DWT permitted to board ship-to-ship triple lines.

    At Nguyen Van Troi Seaport: ship or boat of from 1000 DWT to 1500 DWT shall be permitted to board in double lines, ship or boat of less than 1000 DWT permitted to board
ship-to-ship in triple lines.

    4. In transshipment areas: Ship or boat shall be permitted to board ship-to-ship and
side-by-side in double lines with big ship or boat carrying dry cargo, and in single line side-by-side with big ship or boat carrying liquid cargo.

    5. Ship or boat shall be not permitted to berth or moor in the conditions of insecure maritime safety, maritime security environmental pollution prevention.

Article 13. Activities of domestic water-going means and fishery ships
    Inland-water-going means of less than 20 meter in length, sailboats and fishery ships shall not be allowed to operate in the waters of sea-going ship’s channel and affect the itinerary of the ships on the channel. In case of crossing the channel, the means have to take the shortest-possible navigating distance at the reasonable safe speed.

Article 14. Ensuring safe mobilization of ship or boat 
    1. Ship or boat must not enter or pass the turning location when there are other ships or boats maneuvering if the action deems to affect such 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. In restricted mobilizing conditions, ship or boat may manoeuvre back to the location for arrival at or departure from the berth or to the location for arrival at or departure from wharf in the condition of secure safety and not affecting itinerary, anchoring and mooring activities of other ships and/or boats.  

Article 15. Dredging activity and maritime works construction 

    1. Means before commencing dredging and constructing maritime works or other works in the Seaport waters must be approved by the Director of the Maritime Administration.

    2. Before commencing any dredging activity in the waters in front of any berth, the port business must plan to ensure maritime safety, publicize the Maritime Notification as regulated and only commence dredging activity when approved by the Director of the Maritime Administration.
       

Clause 4
PILOTAGE SERVICE    Article 16: Requirements for pilotage service 

    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 relevant laws and regulations and the following requirements:

    1. At 16.30 pm the latest 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; excepted time of pilot time of the pilot embarking, name and rank of the pilots going to lead the ships.

    2. At 08.30 am the latest, maritime pilotage organization must report in written form 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 to the Maritime Administration.

Article 17. Requirements for pilot embarking and disembarking      

    Ship or boat when approaching pilot’s must slow down to the reasonable speed for boarding and contact with 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 saving devices must be equipped as regulated.
   

Article 18. 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 other relevant regulations.

    2. In addition to the item 1 of this Article, the pilot performing pilotage duty must report the Maritime Administration:
    a) When discovering changes to maritime signals, channels, or maritime accidents, environmental pollution, the pilot must timely report on VHF such changes.
    b) When there are violations of maritime laws or regulations or accidents, breakdown occurrences to the ship the pilot is aboard, the pilot must immediately report on VHF to the Maritime Administration; within 24 hours after disembarking the ship, the pilot must report in written form, which must be confirmed by the pilotage organization, on such occurrences. The report must clearly define 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).
    c) 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 19: Report on the pilotage performance
 
    The pilotage reporting must comply with maritime laws and regulations and the following requirements:

    1. Before performing pilotage duty, pilot must report the Maritime Administration on VHF or telephone and only commence when approved by the Maritime Administration.

    2. When the ship moor or anchor at the notified location, the pilot must report the Maritime Administration the ship’s exact position and only disembark the ship when such ship’s position is approved by the Maritime Administration.

    3. When the ship arrives at disembarking position, before leaving the ship, the pilot must report the completion of the pilotage duty to the Maritime Administration.

Article 20. Duties of the shipmaster performing pilotage work by him self

    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 original Pilotage Exemption Certificate valid for the ship and for the pilotage area when requested.

Article 21. Coordinating responsibility between pilot, shipmaster and port business    

    Before the ship’s mobilization to berth or unberth, the shipmaster or the pilot must contact tugboat’s shipmaster and port business to check the readiness of tugboat and berth. In case of unreadiness, the shipmaster or the pilot must report such to the Maritime Administration to have immediate solutions.

Clause 5
TUGBOAT ASSISTANCE AT THE SEAPORTS    

Article 22. Using tugboat
    1. Ship or boat of from 80 meters and longer in length over all (LOA) when the mobilizing to berth or unberth, manoeuvre, and/or navigate in the Seaport waters must use tugboat as follows:
    a) Ship or boat entering Tien Sa Seaport:
    - At Berths Tien Sa 1 and Tien Sa 4:
    + Ship or boat of from 80 meters to less than 100 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.
    + Ship or boat of from 100 meters to less than 120 meters in LOA: use at least two tugboats with pulling power of at least 500 horsepower each.
    + Ship or boat of from 120 meters to less than 140 meters in LOA: use at least two tugboats with total pulling power of at least 1300 horsepower of which one with at least 800 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 140 meters to less than 170 meters in LOA: use at least two tugboats with total pulling power of at least 1700 horsepower of which one with at least 1200 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 170 meters to less than 250 meters in LOA: use at least three  tugboats with total pulling power of at least 3000 horsepower of which one with at least 1700 horsepower, another at least 800 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 250 meters or more in LOA: use at least three tugboats with total pulling power of at least 4100 horsepower, one with pulling power of at least 1700 horsepower and the others at least 1200 horsepower each.
    - At Berths Tien Sa 2, Tien Sa 3 and Tien Sa 5:
    + Ship or boat of from 80 meters to less than 100 meters in LOA: use at least one tugboat with pulling power of at least 800 horsepower.
    + Ship or boat of from 100 meters to less than 120 meters in LOA: use at least two tugboats with total pulling power of 1300 horsepower, of which, one with at least 800 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 120 meters to less than 140 meters in LOA: use at least two tugboats with total pulling power of at least 1700 horsepower of which one with at least 1200 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 140 meters to less than 170 meters in LOA: use at least two tugboats with total pulling power of at least 2000 horsepower of which one with at least 1200 horsepower and the other at least 800 horsepower.
    + Ship or boat of from 170 meters to less than 250 meters in LOA: use at least three tugboats with total pulling power of at least 3300 horsepower of which one with at least 1700 horsepower, the two others at least 800 horsepower each.
    + Ship or boat of from 250 meters or more in LOA: use at least four tugboats with total pulling power of at least 4600 horsepower, one with pulling power of at least 1700 horsepower, two at least 1200 horsepower each and the other  500 horsepower.
    b) Ship or boat leaving Tien Sa Seaport:
    - At Berths Tien Sa 1 and Tien Sa 4:
    + Ship or boat of from 80 meters to less than 100 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.
    + Ship or boat of from 100 meters to less than 120 meters in LOA: use at least one tugboat with pulling power of at least 800 horsepower.
    + Ship or boat of from 120 meters to less than 140 meters in LOA: use at least two tugboats with pulling power of at least 500 horsepower each.
    + Ship or boat of from 140 meters to less than 170 meters in LOA: use at least two tugboats with total pulling power of at least 1300 horsepower of which one with at least 800 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 170 meters to less than 250 meters in LOA: use at least 2.500 horsepower, of which one with at least 800 horsepower and the other at least 1700 horsepower.
    + Ship or boat of from 250 meters or more in LOA: use at least two tugboats with total pulling power of at least 2900 horsepower, one with pulling power of at least 1700 horsepower, two at least 1200 horsepower.
    - At Berths Tien Sa 2, Tien Sa 3 and Tien Sa 5:
    + Ship or boat of from 80 meters to less than 100 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.
    + Ship or boat of from 100 meters to less than 120 meters in LOA: use at least two tugboats with pulling power of at least 500 horsepower each.
    + Ship or boat of from 120 meters to less than 140 meters in LOA: use at least two tugboats with pulling power of at least 1300 horsepower of which one with at least 800 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 140 meters to less than 170 meters in LOA: use at least two tugboats with pulling power of at least 1700 horsepower of which one with at least 1200 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 170 meters to less than 250 meters in LOA: use at least two tugboats with pulling power of at least 2.500 horsepower of which one with at least 800 horsepower and the other at least 1700 horsepower.
    + Ship or boat of from 250 meters or more in LOA: use at least two tugboats with total pulling power of at least 2900 horsepower, one with pulling power of at least 1700 horsepower, two at least 1200 horsepower.
    c) Song Han Berth:
    + Ship or boat of from 80 meters to less than 110 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.
    d) Berth and floating platform in Lien Chieu and Berth X50:
    + Ship or boat of from 80 meters to less than 100 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.
    + Ship or boat of from 100 meters to less than 120 meters in LOA: use at least one tugboat with pulling power of at least 800 horsepower.
    c) Entering My Khe floating platform:
     + Ship or boat of from 80 meters to less than 110 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.
    + Ship or boat of from 110 meters to less than 140 meters in LOA: use at least two tugboats with pulling power of at least 1300 horsepower of which one with at least 800 horsepower and the other at least 500 horsepower.
    + Ship or boat of from 140 meters to less than 170 meters in LOA: use at least two tugboats with pulling power of at least 2000 horsepower of which one with at least 800 horsepower and the other at least 1200 horsepower.
    + Ship or boat of from 170 meters or more in LOA: use at least two tugboats with total pulling power of at least 2900 horsepower, one with pulling power of at least 1700 horsepower, and the other at least 1200 horsepower.
    f) Leaving My Khe floating platform:
    + Ship or boat of from 80 meters to less than 110 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.
    + Ship or boat of from 110 meters to less than 140 meters in LOA: use at least one tugboat with pulling power of at least 800 horsepower.
    + Ship or boat of from 140 meters to less than 170 meters in LOA: use at least one tugboat with pulling power of at least 1200 horsepower.
    + Ship or boat of 100 meters or more in LOA: use at least one tugboat with pulling power of at least 1700 horsepower.
    g) Ky Ha Seaport:
    + Ship or boat of from 80 meters to less than 110 meters in LOA: use at least one tugboat with pulling power of at least 500 horsepower.

    2. In addition to the stipulations of the item 1 of this Article, on the following case-by-case basic, the Director of the Maritime Administration shall decide the number and power of tugboats in order to ensure safe assistance as regulated:
    a) Ship or boat carrying explosive material, petroleum, liquefied gas, and hazardous chemicals;
    b) Ship or boat with specialized mobilization-assisting devices equipped on board;
    c) Ship or board with length and/or gross ton exceeding the publicized physical restrictions of the berth and/or floating quay;
    d) In other necessary circumstances to ensure maritime safety.
 

Article 23. Requirements for tugboat provision
    Tugboat allowed to serve in the Seaport waters must fulfill the following requirements:

    1. The tugboat must be registered, granted with valid registration certificate and in safe technical conditions as regulated.

    2. Qualified officers and crew aboard as regulated.

    3. Tugboat owner must be permitted to provide tugboat assistance service.

Article 24. Responsibilities of tugboat owner and master

    1. At 08.00 am each working day, the owner must report by Fax the tugboat assistance plan to the Maritime Administration (consisting of the tugboat name, pulling power, time of commencing tugboat assistance) and latest at 16.30 pm, must report on the plan for the following day. In case of changes, the owner must timely send supplemental report on such changes within 02 hours after receiving order for tugboat assistance.

    2. 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.

    3. The master or pilot on board of the assisted ship must timely report the Maritime Administration on the delay and/or the shortage in number and/or total pulling power of the tugboats compared to the regulated.
Clause 6 ENSURING MARITIME SAFETY, SECURITY,ORDER AND SANITATION AT THE SEAPORTS   

Article 25. Ensuring safety for ship or boat operating in the Seaports

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

Article 26. Maritime search and rescue

    Organization and/or individual operating at the Seaports must strictly adhere to rules 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 communicating means such as EPIRB buoy, HF, VHF etc…, the shipmaster must immediately report such to the Maritime Administration and timely apply measures to inform the cancellation of the distress signals.
   

Article 27. Dealing with maritime accidents and breakdowns

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

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

    a) Seek all possible ways to ensure safely 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 communicating means, and carry out measures to minimize possible damages and assist the other colliding ship or ships if such assistance does not affect the safely for his ship.

    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 28. Aquaculture in the Seaport waters     
    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 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) The trap must be placed far away from shipping channels, under water works, maritime signal lights, light house, floating platforms, maritime signals and other constructions as regulated.
    d) 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 29. Military exercises, sports and recreational activities in the Seaports
             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 15 days before planning the organization of the activities as per the item 1 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 30. Disposal of garbage, sewage and ballast water 
    Ship or boat and the relevant enterprises must strictly abide by the rules and regulations on disposal of garbage, sewage and ballast water in the Seaports in accordance with the Article 48 of the Decree No. 71/2006/ND-CP, relevant laws and regulations and:

    1. Ship or boat at the Seaports must comply with the following requirements:
    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 environment protection rules and regulations.

Article 31. Sand exploitation
    1. Sand exploitation must be permitted by the authorized agencies under the approval of the Director of the Maritime Administration.

    2. Sand exploitation and transportation must fulfill the following requirements:
    a) Must exploit at the time and location specified the permit and must report changes of locations if any to the Maritime Administration;
    b) Mooring and anchoring for the exploitation must be carried out in conformity with the Rules on prevention of ship and boat collision issued under the Decision No. 49/2005/QD-BGTVT dated October 04, 2005 by the Minister of the Ministry of Transport;
    c) Means used in sand exploitation must not anchor in the areas: port’s shipping channel, anchoring area, transshipment area, sheltering area, waters area in front of berth, floating platform and turning area.

Article 32: Maritime Security      
     Ship or boat and the port business must stringently adhere to the International Ship or Port Facility Security Code (ISPS Code) and other relevant laws and regulations.

   
                                Clause 7
PREVENTING AND FIGHTING AGAINST FIRE, EXPLOSION AND ENVIRONMENTAL POLLUTION    

Article 33. Preventing and fighting against fire and explosion
    Shipmaster, relevant enterprise must fully comply with regulations on the preventing and fighting against fire and explosion at the Seaports in conformity with Articles 53, 54, 55 of the Decree No. 71/2006/ND-CP, relevant laws and regulations and the requirements as follows:

    1. Ship transporting gasoline, liquefied gas, explosive material and hazardous chemical entering the Seaport waters must prepare equipment to prevent and fight against fire and explosion that must be placed at regulated positions aboard and ready for use when required.

    2. Port business, ship recycling facilities, ship building yards, and ship repair yards must have sufficient devices, equipment to readily prevent and fight against fire and explosion as regulated.

    3. When fire or explosion takes place, shipmaster and related business must timely implement responsive measures and inform the Maritime Administration immediately as regulated.

Article 34. Prevention of environmental pollution

    1. Shipmaster, related enterprise must abide by the stipulations on prevention of environmental pollution at the Seaport as per Articles 47, 48, 51, 56 and 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 environment-polluting incidents at the request of the Director of the Maritime Administration and authorized agencies as regulated.

Clause 8
PORT BUSINESS’S RESPONSIBILITIES   

Article 35. Port business’s responsibility
    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 16.30 pm each working day, the business must report in writing (faxed delivered in person) the Maritime Administration the following day working plan; in case of unexpected changes such must be notified to the Maritime Administration in writing (faxed delivered in person) or by telephone or on VHF for instructions.

    2. The business must send the Maritime Administration the maritime information attached with a chart of the water level and depth in front of the berth as regulated.

    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. In case when such reaching-out is for repair or periodical guarantee, the business must notify is writing and only commence the work under the permission of the Maritime Administration; simultaneously, must apply appropriate measures to ensure safely as regulated.