Thông tư 33/2022/TT-BGTVT của Bộ Giao thông Vận tải về sửa đổi, bổ sung một số điều của Thông tư 39/2019/TT-BGTVT ngày 15/10/2019 về quy định trách nhiệm của chủ phương tiện, thuyền viên, người lái phương tiện, đảm nhiệm chức danh thuyền viên và định biên an toàn tối thiểu trên phương tiện thủy nội địa

CIRCULAR

ON AMENDMENTS TO CIRCULAR NO. 39/2019/TT-BGTVT DATED OCTOBER 15, 2019 OF THE MINISTER OF TRANSPORT PRESCRIBING RESPONSIBILITIES OF OWNERS, CREW MEMBERS, OPERATORS, HOLDING OF VESSEL CREW MEMBER POSTS AND MINIMUM SAFE MANNING ABOARD INLAND WATERWAY VESSELS

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 and the Law on Amendments and Supplements to certain Articles of the Law on Inland Waterway Traffic dated June 17, 2014;

Pursuant to the Government's Decree No. 08/2021/ND-CP dated January 28, 2021 on management of inland waterway activities;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 on functions, duties, powers and organizational structure of the Ministry of Transport;

Upon the request of the Director of the Department of Transport, and the Director of Vietnam Inland Waterway Administration;

Minister of Transport promulgates a Circular on amendments to Circular No. 39/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport prescribing responsibilities of owners, crew members, operators, holding of vessel crew member posts and minimum safe manning aboard inland waterway vessels.

Article 1. Amendments to Circular No. 39/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport prescribing responsibilities of owners, crew members, operators, holding of vessel crew member posts and minimum safe manning aboard inland waterway vessels

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 “2. Create the crew directory by using the form given in the Appendix I hereto, and create the journey logbook and technical logbook necessary for a vessel which is at least 250 tons gross or a vessel carrying at least 50 (fifty) passengers by using the form given in the Appendix II hereto.”

2. Clause 1, Clause 2, Clause 4, Clause 6, Clause 11, Clause 12, Article 6 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Manage and ensure safety for humans, equipment and property aboard vessels; thoroughly grasp technical conditions, useful life and frequency of repair of vessels. As for the master of a vessel carrying VR-SB class, he/she must prepare a training plan on life-saving, fire-fighting and rescue and hold training and instructions on the use of life-saving, fire-fighting and rescue equipment for the new crew members as soon as they get off the vessel; every quarter, hold training on life-saving, fire-fighting and rescue of vessel at least once for crew members."

b) Clause 2 shall be amended as follows:

“2. Manage logbooks, crew directories and passenger lists (if any), books and other necessary documents, administer data input and carry out the regular monitoring of entries in vessel books or records.  The content of the logbook must be certified on a daily basis as prescribed.”

c) Clause 4 shall be amended as follows:

“4. Administer assignment of tasks, oversee and push crew members for fulfillment of their assigned duties. In case the vessel has more than one master’s mate, the responsibilities of each mate shall be specifically assigned by the master.”

d) Clause 6 shall be amended as follows:

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If a person falls into the water, it is required to promptly apply effective measures to find and rescue the victim, and also notify the search and rescue agency or the local government where the accident occurs. If the vessel is operating at sea, it is required to notify the nearest Maritime Search and Rescue Coordination Center or Coastal Radio Station or Port Authority, notify other vessels and ships that are sailing near to search and rescue victims; the vessel is only allowed to leave the area where the person has fallen into the water after they have tried to search but find that there is no hope, except in the case of causing danger to the vehicle and other people on the vehicle.  The time and measures taken to search and rescue must be recorded in the journey logbook.”

dd) Clause 11 shall be amended as follows:

“11. Take charge of assigning tasks to his/her junior staff, providing information required by, and issuing notices to, competent regulatory authorities before his/her vessel arrives or leaves a port or terminal.  Prior to departure, a staff duty roster showing duties that each crew member must perform onboard the vessel must be available. Before the vessel leaves a port or terminal, he/she is obliged to push related departments to which crew members are managed for ensuring an adequate amount of bunkers, fuel, materials, food and medical supplies necessary for a voyage. He/she may allow the vessel to leave a port or terminal only if the vessel conforms to safety regulations, all necessary arrangements for the voyage are made, and competent regulatory authority's permission is obtained.

Regularly follow up weather developments in the area that the vessel will go through.”

e) Clause 12 shall be amended as follows:

“12. Directly undertake a work shift, directly maneuver the vessel through dangerous water areas. After finishing his/her scheduled shift, if there is a request made by the master’s mate or the chief engineer, or when an incident, emergency situation or unusual event occurs, the master must be present at the commanding position to deal with issues that may arise in a timely manner.”

3. Clauses 1 and 2 Article 7 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Directly take charge of deck duties. Directly take charge of and organize the preservation and maintenance of life-saving, fire-fighting and rescue vessels and equipment. Carry out regular inspections to ensure technical facilities are always in good condition and ready for use, and immediately inform any technical failure or errors to the master.”

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“2. Plan the journey, regularly urge, guide and supervise the crew to properly implement the journey plan and watch duty, VR-SB-class vessels when operating on the coastal shipping route must be prepared. All charts are updated to the latest according to regulations, assigned on duty to submit to the captain for approval.”

4. Clauses 1 and 6 Article 9 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Manage and thoroughly understand technical condition of the propulsion system; assign and supervise crew members under the control of the engine department during the vessel’s operation. In case the vessel has more than one second engineer, the responsibilities of each second engineer shall be specifically assigned by the chief engineer.”

b) Clause 6 shall be amended as follows:

“6. Manage technical documents and records of the engine department and carry out data input in the engine room logbook.  Check the recording and confirm the engine room log on a daily basis.”

5. Clause 3 of Article 20 shall be amended as follows:

“3. Agencies that affix seals and fan stamping of journey logbooks and technical logbooks: Vietnam Inland Waterway Administration, Department of Transport, Maritime Port Authority or a representative of the Maritime Administration, the Port Authority inland waterway or representative of the Inland Waterway Authority.”

6. Replace Appendix II issued together with Circular No. 39/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport prescribing responsibilities of owners, crew members, operators, holding of vessel crew member posts and minimum safe manning aboard inland waterway vessels with Appendix I promulgated together with this Circular.

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Article 2. Entry in force

This Circular comes into force as of February 1, 2023.

Article 3. Implementation

Chief of Ministry Office, Chief Inspector of Ministry, Directors, Director of Vietnam Inland Waterway Administration, Director of Vietnam Maritime Administration, Director of Vietnam Register, Director of Department of Transport, Head Relevant agencies, organizations and individuals shall implement this Circular./.

PP. MINISTERDEPUTY MINISTERNguyen Xuan Sang