Quyết định 19/2013/QD-TTg

DECISION

PROMULGATING THE REGULATION ON SUPPLY, MANAGEMENT, USE OF COSPAS-SARSAT BEACON DATA AND RECEIPT, HANDLING, TRANSMITTANCE OF THE COSPAS-SARSAT EMERGENCY ALERT INFORMATION

Pursuant to the Law on Government organization,of December 25, 2001;

Pursuant to the Maritime Code of Vietnam, of June 14, 2005;

Pursuant to the Law on civil aviation of Vietnam, of June 29, 2006;

Pursuant to the Law on radio frequencies,of December 25, 2001;

At the proposal of The Minister of Transport;

The Prime Minister decides to promulgate the regulation on supply, management, use of cospas-sarsat beacon data and receipt, handling, transmittance of the cospas-sarsat emergency alert information

Article 1.- To promulgate together this Decision “the Regulation on supply, management, use of cospas-sarsat beacon data and receipt, handling, transmittance of the cospas-sarsat emergency alert information”.

Article 2.- This circular takes effect on June 01, 2013.

Article 3.- The Minister, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces and relevant agencies, organizations and individuals shall implement this Decision.

REGULATION

ON SUPPLY, MANAGEMENT, USE OF COSPAS-SARSAT BEACON DATA AND RECEIPT, HANDLING, TRANSMITTANCE OF THE COSPAS-SARSAT EMERGENCY ALERT INFORMATION
(Promulgated together with the Decision No. 19/2013/QD-TTg, of April 02, 2013 of the Prime Minister)

Chapter 1.

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Regulation provides for the supply, management and use of cospas-sarsat beacon data as well as receipt, handling and transmitting of the emergency alert information through the cospas-sarsat system.

Article 2.- Subjects of application

This Regulation applies to foreign and Vietnamese organizations and individuals related to the supply, management and use of cospas-sarsat beacon data as well as receipt, handling and transmitting of the cospas-sarsat emergency alert information.

Article 3.- Interpretation of terms

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

1. Cospas-Sarsat organization means international organization of satellite information for search and rescue.

2. Cospas-Sarsat system means a global satellite information system of the Cospas-Sarsat organization, supplying emergency alert information and position information to assist activities of search and rescue.

3. Cospas-Sarsat information means emergency alert information performed through the global satellite information system of the Cospas-Sarsat organization.

4. Cospas-Sarsat beacon means a device of the Cospas-Sarsat system used for transmittance of emergency alert information and position instruction and notification through satellite, assist activities of search, rescue; including types: EPIRB, ELT and PLB.

5. EPIRB (Emergency Position Indicating Radio Beacon) means device instructing and notifying the emergency position, it uses the radio wave on the frequency of 406 MHz, installed and used on the sea ships and sea construction works operating offshore.

6. ELT (Emergency Locator Transmitter) means the device transmitting signals of emergency position; it uses the electric radio wave on the frequency of 406 MHz, in specialized use for airplane.

7. PLB (Personal Locator Beacon) means the device transmitting signals of position; it uses the radio wave on the frequency of 406 MHz, specialized in use for means and people operating on the land.

8. Cospas-Sarsat beacon owners include EPIRB owners, ELT owners and PLB owners.

9. EPIRB owners mean owners of ships or managers, users of sea construction works operating offshore.

10. ELT owners mean owners of Vietnamese airplanes.

11. PLB owners mean owners of means or user of PLB specialized in operation on the land.

12. Cospas-Sarsat beacon data includes information related to Cospas-Sarsat beacons supplied by Cospas-Sarsat owners.

13. Area in mission of handling the Cospas-Sarsat information of Vietnam (VNMCC) means the mission area of Vietnam in transmittance of Cospas-Sarsat emergency alert information; it is announced by the Cospas-Sarsat organization.

14. The VNMCC (Vietnam Mission Control Centre) means centre controlling Cospas-Sarsat satellite information of Vietnam.

15. The regime 24/7 means the regime of continuos operation of 24 hours in day and 07 days in a week.

Chapter 2.

PROVISION OF COSPAS-SARSAT BEACON DATA

Article 4.- Obligation of cospas-sarsat beacon data provision

Cospas-Sarsat beacon owner shall exactly, fully and timely provide Cospas-Sarsat beacon information and data for the VNMCC in order to serve for search and rescue.

Article 5.- Procedures for cospas-sarsat beacon data provision

1. Dossier of information and data provision: 01 set of dossier includes:

a. Declaration of Cospas-Sarsat beacon information and data provision in according to the form in Annex of this Regulation;

b. Copy of permit for digital information use as prescribed by law.

2. Method of filing dossier: Cospas-Sarsat beacon owner may directly file or send dossier via the postal system to the VNMCC.

3. Process of receipt and handling of dossier

a. Case of directly filing dossier: The VNMCC shall receive dossier, inspect dossier in accordance with regulation and confirm the data provision in the declaration of beacon data provision and send back 01 copy for Cospas-Sarsat beacon owner;

b. Case of sending dossier via the postal system: The VNMCC shall receive dossier, inspect dossier in accordance with regulation and confirm the data provision in the declaration of beacon data provision and send back 01 copy for Cospas-Sarsat beacon owner;

c. For dossier improper with regulation: In case Cospas-Sarsat beacon owner directly submits dossier, the VNMCC shall guide the applicant to complete dossier in accordance with law; in case dossier is sent via the postal system, within 02 (two) working days after receiving dossier, the VNMCC shall notify to the applicant for supplementation and completion of dossier;

d. Within 05 (five) working days after receiving a valid dossier, the VNMCC shall put the provided beacon data into the international and national Cospas-Sarsat the database.

Article 6.- Duties of the Cospas-Sarsat beacon owners when have changes of beacon information and data

1. Within 30 (thirty) days, after change arising, the Cospas-Sarsat beacon owner shall provide changed information and data of Cospas-Sarsat beacon for the VNMCC. In case of changing the permit of frequency use, the Cospas-Sarsat beacon owner shall send together with 01 copy of the frequency use permit.

2. The Cospas-Sarsat beacon owner shall supply information when the beacon is lost or unuseable within 15 (fifteen) days, after beacon is lost or corrupted and unuseable.

3. Information of Cospas-Sarsat beacon data’s changes must be sent to the VNMCC according to the form specified in Annex of this Regulation for updating and supplementation in accordance with regulation.

4. The order of receipt and handling of dossier as prescribed in clause 3 Article 5 of this Regulation.

Chapter 3.

MANAGEMENT, USE OF COSPAS-SARSAT BEACON DATA

Article 7.- Principle of management and use of Cospas-Sarsat beacon data

1. The Cospas-Sarsat beacon data must be managed concentratedly and uniformly at the VNMCC and the availability for use of data in accordance with the regime 24/7 must be assured.

2. When has change of Cospas-Sarsat beacon data, it must be timely adjusted and updated.

3. The Cospas-Sarsat beacon data is used in accordance with law of Vietnam and International treaties, of which Vietnam is a member, ensure safety and effectiveness for the humanitarian purpose.

Article 8.- Organization and operation of the VNMCC

1. The Centre of Cospas-Sarsat satellite information control of Vietnam is affiliated the Vietnam Maritime Administration; with English name is “Vietnam Mission Control Centre”, abbreviated as VNMCC.

2. Basic functions and tasks of the VNMCC

a. Receiving Cospas-Sarsat beacon data from beacon owners;

b. Receiving, handling and distributing the Cospas-Sarsat information to assist activities of search and rescue;

c. Coordinating, exchanging data with MCCs of other countries in the Cospas-Sarsat search;

d. Formulating, managing and using the national Cospas-Sarsat beacon data;

dd. Supplying the Cospas-Sarsat beacon data of Vietnam for Cospas-Sarsat organization and agencies, organizations of Vietnam which are responsible for search and rescue.

e. Managing, operating the material facilities of the Cospas-Sarsat system in accordance with law;

g) Biannually and annually, reporting the receipt, management and use of Cospas-Sarsat beacon data and the receipt, handling and transmittance of Cospas-Sarsat information for Vietnam Maritime Administration.

3. The Minister of Transport shall specify organization and operation of the VNMCC.

Article 9.- Management and use of Cospas-Sarsat beacon data

1. The Vietnam Maritime Administration shall hold management of Cospas-Sarsat beacon data; apply information technology in formulation, management and use of the national Cospas-Sarsat beacon data.

2. The VNMCC shall perform management, opeartion and use of Cospas-Sarsat beacon data.

3. Vietnamese competent organizations and individuals relating to activities of search and rescue, Cospas-Sarsat beacon owners and functional agencies relating to activities of search and rescue have right to access, use the Cospas-Sarsat beacon information and data.

4. The use of Cospas-Sarsat beacon information and data of organizations and individuals specified in clause 3 of this Article is free of charge.

5. Procedures for register to access and use of Cospas-Sarsat beacon information and data: Organizations and individuals may register in writing made according to the form set in Annex of this Regulation and send directly or via the postal system to the VNMCC for issuance of account to access and use Cospas-Sarsat beacon data.

Chapter 4.

THE RECEIPT, HANDLING AND TRANSMITTANCE OF COSPAS-SARSAT INFORMATION

Article 10.- The principle of receipt, handling and transmittance of Cospas-Sarsat information

The Cospas-Sarsat information must be received, handled and transmitted timely, exactly to organizations in coordination for search and rescue as prescribed by the Cospas-Sarsat organization.

Article 11.- The process of receipt, handling and transmittance of Cospas-Sarsat information

1. For information that is received in mission area of VNMCC: The VNMCC shall handle the emergency alert information from Cospas-Sarsat beacon through the Cospas-Sarsat system; analyze, verify and transmit information to the relevant organizations below:

a. The Vietnam maritime search and rescue coordination center, for Cospas-Sarsat information from EPIRB;

b. The aviation search and rescue emergency centre, for Cospas-Sarsat information from ELT;

c. The National Committee of search and rescue for Cospas-Sarsat information from PLB;

d. Other relevant competent organizations for alert and rescue information received from Cospas-Sarsat beacon.

2. Organizations specified in point a, point b and point c clause 1 of this Article shall verify information and direct, organize the necessary activities of search and rescue under their jurisdiction and regulations of law.

3. The report responsibility

a. The Vietnam maritime search and rescue coordination center shall report to Vietnam Maritime Administration as soon as receiving the Cospas-Sarsat alert and rescue information from EPIRB;

b. The Vietnam aviation search and rescue emergency center shall report to Civil Aviation Authority of Vietnam as soon as receiving the Cospas-Sarsat alert and rescue information from ELT.

4. For alert and rescue information from Cospas-Sarsat beacon that is received at outside of mission area of VNMCC: The VNMCC shall compy with relevant International treaties of which Vietnam is a member.

Chapter 5.

IMPLEMENTATION ORGANIZATION

Article 12.- The implementation responsibility

1. The Ministry of Transport shall:

a. Specify in details for register of Cospas-Sarsat beacon;

b. Assume the prime responsibility for, and coordinate with the Ministry of Information and Communications as well as relevant Ministries and sectors in implementation of this Regulation.

2. The Ministry of Information and Communications shall manage use of frequency of Cospas-Sarsat beacons in Vietnam as prescribed by law.