Are owners, managers, or users of maritime facility construction projects in Vietnam required to submit reports on the maintenance of maritime facility construction projects?
What is the definition of maritime facility construction project in Vietnam?
Under Clause 1 Article 2 Circular 19/2022/TT-BGTVT stipulates as follows:
“Article 2. Interpretation of terms
1. Maritime facility construction projects include: ports; piers; transshipment areas, anchorage areas, shelter areas within seaport waters; maritime channels; ship repair works; lighthouses (including stations attached to lighthouses); buoys, maritime signaling beacons; management station, operation of buoys, maritime signaling beacons; maritime traffic monitoring and coordination system (VTS); dike works, shore protection works; maritime telecommunication network infrastructure.”
Are owners, managers, or users of maritime facility construction projects in Vietnam required to submit reports on the maintenance of maritime facility construction projects?
What are the regulations on the management of maintenance quality of maritime facility construction projects in Vietnam?
Article 11 Circular 19/2022/TT-BGTVT stipulates as follows:
“Article 11. Management of maintenance quality of maritime facility construction projects
The owner or manager, user of the maritime facility construction projects is responsible for conducting Management of maintenance quality of maritime facility construction projects according to the provisions of Article 34 Decree No. 06/2021/ND-CP and other relevant legal provisions.”
Article 34 Decree 06/2021/ND-CP stipulates as follows:
Management of construction maintenance quality
1. The regular, periodic and ad-hoc inspection shall be carried out visually or via regular observation data (if any) or by dedicated test equipment by the owner, the manager or the user of the construction project where necessary.
2. The construction servicing is performed step by step according to the construction maintenance procedures. Results of construction maintenance must be recorded and documented; the owner or the manager or the user of the construction work shall be responsible for certifying the completion of maintenance work and taking control of maintenance activities in the construction maintenance documentation.
3. The owner or the manager or the user of the construction work shall undertake the supervision and testing of the repair work; preparation, management and archival of construction repair documents in accordance with the law on construction management and other relevant laws.
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8. Construction maintenance documentation, including:
a) Those documents serving construction maintenance purposes as stated in clause 7 of this Article;
b) Maintenance plan;
c) Regular and periodic inspection results;
d) Construction servicing or repair results;
dd) Construction observation results and construction quality inspection (if any);
e) Results of assessment of load bearing and operational safety of the construction work during the period of operation and use thereof (if any);
g) Other relevant documents.
9. In case of construction projects under PPP agreements
a) The contracting authority shall be responsible for inspecting PPP project enterprises’ construction maintenance activities according to the provisions of this Decree;
b) PPP project enterprises shall be responsible for the transfer of technologies, handing over maintenance documents and construction maintenance documents to contracting authorities before transfer of construction projects according to regulations of project agreements.
Thus, the management of maintenance quality of maritime facility construction projects is conducted as stipulated above.
Are owners of maritime facility construction projects in Vietnam required to submit reports on the maintenance of maritime facility construction projects?
Article 13 Circular 19/2022/TT-BGTVT stipulates as follows:
“Article 13. Report on the maintenance of maritime facility construction projects
1. The Vietnam Maritime Administration submit reports to the Ministry of Transport on the results of the assigned maintenance plan for maritime facility construction projects at the request.
2. The owner or manager, user of the maritime facility construction projects submit reports on the maintenance and safety assessment results of maritime facility construction projects to the Vietnam Maritime Administration as follows:
a) Report title: report on the implementation of maritime facility construction projects maintenance and assessment of maritime facility construction projects safety;
b) Required report contents: name of the task performed, time of performance, method of performance, performed volume, source of implementation budget, implementation cost (for state budget sources), completion level;
c) Report submission and receipt methods: submit reports are presented in paper or electronic form and sent to the receiving agency by one of the following methods: direct submission, postal service, software system, other methods as prescribed by law;
d) Reporting frequency: annually;
dd) Reporting deadline: the owner or manager, user of the works submits the report to the Vietnam Maritime Administration before December 17 annually;
e) Reporting data cut-off date: from December 15 of the previous year to December 14 of the reporting year;
g) Report template: According to Form No. 2 Appendix I of this Circular.”
Thus, the owner manager, and user of the maritime facility construction projects must submit reports on the maintenance and safety assessment results of maritime facility construction projects to the Vietnam Maritime Administration.
The Vietnam Maritime Administration shall submit reports to the Ministry of Transport on the results of the assigned maintenance plan for maritime facility construction projects at the request.
Circular 19/2022/TT-BGTVT will take effect from October 1, 2022.
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