Thông tư 27/2011/TT-BGTVT

CIRCULAR

ON THE IMPLEMENTATION OF THE AMENDMENT 2002 TO INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA 1974 ENCLOSED WITH THE INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE

Pursuant to Vietnamese Maritime Code dated June 14, 2005;

Pursuant to the Government's Decree No. 51/2008/ND-CP dated April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Decision No. 191/2003/QD-TTg dated September 16, 2003 by the Prime Minister on approval for the Amendment 2002 to a number of chapters of the International Convention for the safety of life at sea 1974;

Pursuant to the 2002 Amendments to the International Convention for the safety of life at sea 1974 enclosed with the International Ship and Port Facility Security Code;

The Minister of Transport provides regulations on the application of the Amendment 2002 to International Convention on safety of life at sea 1974 enclosed with the International Ship and Port Facility Security Code and procedures for the issuance of certificates according to the provisions of the International Ship and Port Facility Security Code as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This circular provides for the application of the Amendment 2002 to International Convention on safety of life at sea 1974 (hereinafter referred to as the 1974 SOLAS Convention) enclosed with the International Ship and Port Facility Security Code (hereinafter referred to as the ISPS Code) and procedures for the issuance of certificates according to the provisions of the ISPS Code.

Article 2. Regulated entities

1. This Circular applies to Vietnamese and foreign organizations/individuals relating to the assessment, approval and issuance of the security certificate to the following types of ships that are operated on international route:

a) Passenger ship;

b) Cargo ship with total capacity of 500 GT and higher;

c) Mobile offshore drilling unit.

2. This Circular applies to Vietnamese and foreign organizations/individuals relating to the assessment, approval and issuance of the security certificate to seaports that accept ships operated on international route specified in clause 1 of this Article.

Article 3. Responsibilities of organizations under the ISPS Code

1. Responsibilities of Vietnam Maritime Administration

Vietnam Maritime Administration – Maritime authorities with function of competent agencies shall:

a) Guide the Seaport enterprises to build up the Seaport security plan, check and grant approval for the Seaport security plan and the amendments to it;

b) Check and issue the Certificate of compliance of a port facility according to the form provided in Appendix I of this Circular and conduct inspections at the port every year;

c) Guide the implementation of the “Security commitment” according to the form in Appendix II of this Circular;

d) Work as the communication focus point to receive, treat and transmit maritime security information from and to sea-going ships, shipping companies, seaport enterprises and concerned agencies;

dd) Exchange information with the International Maritime Organization on the implementation of the Amendment 2002 to the 1974 SOLAS Convention and the ISPS Code in Vietnam;

e) Issue the “Continuous Synopsis Record for Ship” according to the form in Appendix III of this Circular.

2. Responsibilities of the Vietnam Register

The Vietnam Register, as a recognized security, shall:

a) Provide training and issue the certificates to Ship security officers and Company security officials with contents conformable to the standard program of the International Maritime Organization;

b) Check and grant approval for the Ship security assessments;

c) Check and grant approval for the Ship security plans;

d) Conduct inspections of the Security system and security equipment on ship at the request of the ISPS Code and issue the International certificate of ship security and the Temporary international certificate of ship security.

3. Responsibilities of Port authorities

Port authorities shall:

a) Guide the port enterprise to conduct port security assessments;

b) Check and grant approval for the port security assessment and issue the Certificate of Appraisal – Approval according to the form in Appendix IV of this Circular;

c) Examine and supervise the security activities at port facilities;

d) Carry out other tasks authorized by Vietnam Maritime Administration.

4. Responsibilities of training institutions

a) Provide training in security at port facilities according to the standard programs of the International Maritime Organization and issue the Certificate of training in security at port facility according to the form in Appendix V of this Circular;

b) Report to Vietnam Maritime Administration the list of people that have been issued with the Certificate of training in security at port facility.

5. Responsibilities of port enterprises

a) Preside over the assessment of security at port facilities and draw up the Port security assessment according to the form in Appendix VI and the consultancy of representatives of Customs authorities at port, Port officials who have finished training in security at port facilities (such officials shall not participate in the consideration and approval for port security assessment), Security police, Waterway traffic police (if any) and Checkpoint border police.

b) Draw up Plans on security at port facility according to the form in Appendix VII.

c) Conduct internal assessment regarding security at port facilities and organize meetings with representatives of authorities at port facilities for consideration and assessment of the Internal assessment of security at port facilities (using the form in Appendix VIII) to have the Certificate of compliance of a port facility verified every year.

d) Conduct security inspections at port facilities according to the contents in the form provided in Appendix IX for re-assessment and re-establishment of port security plans when the Certificate of compliance of a port facility expires.

dd) Ensure the sufficiency of port security officials and establish port security organizations (large-scale ports enterprise having multiple sub-ports may establish Port security divisions with members including representatives of Port director, representatives of director of divisions in charge of developing, personnel organization or technical issues, officials provided with training in port and expected to be accredited to port authorities; small-scale port enterprises having one or two ports (wharves) may establish Port security divisions including a member of the leadership of port, officials in charge of port security, port development or technical issues at port, officials provided with training in port security and expected to be accredited to port authorities).

e) Establish the port security system at the request of the ISPS Code.

6. Responsibilities of Shipping companies

a) Conduct ship security assessment.

b) Draw up ship security plans.

c) Arrange officers expected to be concurrently the Ship security officers and officials expected to be Company security officials to receive training from the Vietnam Register.

d) Ensure that ships fulfill the requirements for ship security assessment; formulation of ship security plans for appraisal, approval and issuance of the International certificate of ship security and the Temporary international certificate of ship security. Concurrently, ensure that such ships are issued with Continuous Synopsis Record for Ship and the Security commitment.

dd) Provide ships with equipment specified in the Amendment 2002 to the 1974 SOLAS Convention and appoint a desk officer to be concurrently the ship security officer of each ship within management and one or a number of officials to be the company security officials.

Chapter II

PROCEDURES FOR ISSUANCE OF CERTIFICATES TO SHIP SECURITY SYSTEMS, PRCEDURES FOR APPROVAL FOR SHIP SECURITY PLANS AND PROCEDURES FOR ISSUANCE OF CERTIFICATES TO SHIP SECURITY OFFICERS AND COMPANY SECURITY OFFICIALS

Article 4. Procedures for issuance of the international certificates of ship security

1. Procedures

a) The shipping company shall submit the application to the Vietnam Register.

b) The Vietnam Register shall receive and check the application; if the application is unsatisfactory, the Vietnam Register shall guide the shipping company to complete; otherwise, the Vietnam Register shall send the shipping company a notification of time and location of assessment at the request of the company.

c) The Vietnam Register shall conduct the assessment of ship security system on the ship.

d) When the assessment finishes, if the ship security system is not conformable with the requirements in the ISPS Code, a notification shall be sent to the shipping company for repair; otherwise, the Vietnam Register shall issue the shipping company with the International certificate of ship security using the form in Appendix XI or Appendix XII.

2. Implementing method

a) The shipping company may send 01 application by post or by fax, mail or submit directly at the Vietnam Register.

b) The shipping company may receive the response by post or directly at the Vietnam Register.

3. Content and quantity of application:

a) The application shall include the application form provided in Appendix X.

b) Quantity: 01 application.

4. Time limit for responding: The International certificate of ship security shall be issued not later than 01 working day since the assessment finished.

5. Requirement: the ship security system must satisfy the requirements specified in the ISPS Code.

6. Fees and charges: the applicant shall pay fees and charges according to the regulations of the Ministry of Finance directly or through deposits to the Certificate issuer.

Article 5. Procedures for granting approval for ship security plans

1. Procedures

a) The shipping company shall submit the application to the Vietnam Register.

b) The Vietnam Register shall receive and check the application; if the application is unsatisfactory, the Vietnam Register shall guide the shipping company to complete.

c) The Vietnam Register shall examine the Ship security plan; if the plan does not satisfy the requirements specified by the ISPS Code, the Vietnam Register shall notify the shipping company for completion; if the plan is satisfactory, the Vietnam Register shall grant approval for the Ship security plan and issue the shipping company with a Certificate of approval using the form in Appendix XIII.

2. Implementing method

The shipping company may send the application and receive the response by post or directly at the Vietnam Register.

3. Content and quantity of application

a) The application shall include 01 Application form provided in Appendix X and 02 original copies of the Ship security plan.

b) Quantity: 01 application.

4. Time limitfor responding:

The approval for the Ship security plan and the Certificate of approval shall be granted not later than 01 working day since the examination of the Ship security plan finished.

5. Requirement: the ship security plan must satisfy the requirements specified in the ISPS Code.

6. Fees and charges: the applicant shall pay fees and charges according to the regulations of the Ministry of Finance directly or through deposits to the Certificate issuer.

Article 6. Procedures for issuance of the Professional training certificate for ship security officers/company security officials

1. Procedures

a) The organization/individual shall submit the application to the Vietnam Register.

b) The Vietnam Register shall receive and check the application; if the application is unsatisfactory, the Vietnam Register shall guide the organization/individual to complete; otherwise the Vietnam Register shall notify the organization/individual of the time and location of training.

c) The Vietnam Register shall provide training and post training tests; if the organization/individual is unsatisfactory, the Vietnam Register shall send them a notification; otherwise, the Vietnam Register shall grant them the Professional training certificate for ship security officers/company security officials using the form in Appendix XIV.

2. Implementing method

The organization/individual may send the application and receive the response by post or directly at the Vietnam Register.

3. Content and quantity of application

a) Content of the application:

A written request for permission of organization/individual; the CV verified by authorized agencies/units and 01 4x6 photo that is taken in the latest 06 months (with full name and date of birth written on the back side).

b) Quantity: 01 application.

4. Time limit for responding:

The Professional training certificate for Ship security officers/company security officials shall be granted not later than 01 working day since the training results is got.

5. Requirement: The training result shall be satisfactory according to the provisions of the ISPS Code.

6. Fees and charges: the applicant shall pay fees and charges according to the regulations of the Ministry of Finance directly or through deposits to the Certificate issuer.

Chapter III

PROCEDURES FOR ISSUANCE OF CERTIFICATES RELATING TO PORT SECURITY

Article 7. Procedures for appraisal – approval for port security assessment

1. Procedures

a) The Port enterprise shall submit the application to the Port authority in local area.

b) The Port authority shall receive and check the documents; if the application is unsatisfactory, the Vietnam Register shall guide the shipping company to complete; otherwise, the Port authority shall send the shipping company a notification of time of assessment at the port facility.

c) The Port authority shall conduct port security assessment at the port facility.

d) When the assessment finishes, if the Port security assessment satisfy the requirements specified in the ISPS Code, Director of Port authorities shall issue the Certificate of Appraisal – Approval.

2. Implementing method

a) The port enterprise shall submit the application by post or directly at a Port authority.

b) The port enterprise may receive the response by post or directly at the Port authority.

3. Content and quantity of application:

a) The Official application for approval for the Port security assessment signed by Director of port enterprises (using the form in Appendix XV);

b) 01 Port security assessment verified by the Director of the port enterprise on the last page (regarding ports joint venture with foreigners or foreign entities using ports, the Assessment shall be translated into English);

c) Quantity: 01 application.

4. Time limit for issuance of the Certificate of Appraisal – Approval: not later than 03 working days after the assessment.

5. Requirements: The Port security assessment shall satisfy the regulations specified in the ISPS Code.

6. Fees and charges: the applicant shall pay fees and charges according to the regulations of the Ministry of Finance directly or through deposits to the Certificate issuer.

Article 8. Procedures for issuance of the Certificate of compliance of a port facility

1. Procedures

a) The Port enterprise shall submit the application to Vietnam Maritime Administration.

b) Vietnam Maritime Administration shall receive and check the documents; if the application is unsatisfactory, Vietnam Maritime Administration shall guide the port enterprise to complete; otherwise, Vietnam Maritime Administration shall send the port enterprise a notification of time of assessment at the port.

c) Vietnam Maritime Administration shall examine the port security plan at the port facility.

d) When the examination finishes, if the Port security plan satisfy the requirements specified in the ISPS Code, Vietnam Maritime Administration shall issue the Certificate of compliance of a port facility.

2. Implementing method

a) The port enterprise shall submit the application by post or directly at Vietnam Maritime Administration.

b) The port enterprise may receive the response by post or directly at Vietnam Maritime Administration.

3. Content and quantity of application:

a) The Official application for approval for the Port security plan signed by the Director of the enterprise (using the form in Appendix XVI);

b) 01 Port security plan verified by the Director of the port enterprise (regarding ports joint venture with foreigners or foreign entities using ports, the Plan shall be translated into English);

b) 01 Port security assessment verified by the Director of the port enterprise on the last page that is appraised and approved by a Port authority (regarding ports joint venture with foreigners or foreign entities using ports, the Assessment shall be translated into English);

d) Quantity: 01 application.

4. Time limit for issuance of the Certificate of compliance of a port facility: not later than 03 working days after the examination.

5. Requirements: The Port security plan shall satisfy the regulations specified in the ISPS Code.

6. Fees and charges: the applicant shall pay fees and charges according to the regulations of the Ministry of Finance directly or through deposits to the Certificate issuer.

Article 9. Procedures for annual verification of the Certificate of compliance of a port facility

1. Procedures

a) The Port enterprise shall submit the application to Vietnam Maritime Administration.

b) Vietnam Maritime Administration shall receive and check the documents; if the application is unsatisfactory, Vietnam Maritime Administration shall guide the port enterprise to complete; otherwise, Vietnam Maritime Administration shall issue an appointment slip according to the regulations in Clause 4 of this Article.

c) Vietnam Maritime Administration shall examine the application and issue the annual verification if the application satisfies the requirements of the ISPS Code.

2. Implementing method

a) The port enterprise shall submit the application by post or directly at Vietnam Maritime Administration.

b) The port enterprise may receive the response by post or directly at Vietnam Maritime Administration.

3. Content and quantity of application:

a) An Official application for examination and verification of the Certificate of compliance of a port facility of the port enterprise;

b) 01 internal assessment of port security;

c) The minutes of meetings about consideration and assessment of the Internal assessment of relevant State management agencies at port area;

d) The minutes of training or practices according to the program of Port security plan;

dd) The original of the Certificate of compliance of a port facility;

e) Quantity: 01 application.

4. Time limit of the issuance of the verification: not later than 05 working days from the day on which the satisfactory application is received according to the regulations.

5. Requirements: The Port enterprise and the port facility shall satisfy the regulations specified in the ISPS Code.

6. Fees and charges: the applicant shall pay fees and charges according to the regulations of the Ministry of Finance directly or through deposits to the Certificate issuer.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 10. Effect

1. This Circular comes into effect from May 28^th, 2011.

2. The Decision No. 170/2004/QD-BGTVT dated 16/01/2004 by the Minister of Transport on the application of the Amendment 2002 to the 1974 SOLAS Convention and the International Ship and Port Facility Security Code is annulled by the effect of this Circular.

Article 11. Organization of implementation

1. Vietnam Maritime Administration and the Vietnam Register shall be responsible for the implementation of this Circular.

2. the Chief of the Ministry Office, Chief Inspectors of Ministries, Director of Department affiliated to the Ministry of Transport, Director of Vietnam Maritime Administration, Director of the Vietnam Register and Heads of relevant agencies, units and individuals are responsible for implementing this Circular./.