Vietnam: What are the responsibilities of captains on inland waterway vessels when their vessels are in accidents?
- What are the responsibilities of captains on inland waterway vessels in Vietnam when their vessels are in accidents?
- What are the amendments to the responsibilities of captains on inland waterway vessels in Vietnam when their vessels are in accidents?
- What are the rights of captains on inland waterway vessels in Vietnam?
What are the responsibilities of captains on inland waterway vessels in Vietnam when their vessels are in accidents?
Pursuant to Clause 6, Article 6 of Circular 39/2019/TT-BGTVT as follows:
Captain
Captain is the person having the supreme authority on board a single vessel or an entire fleet, and shall have the following rights and responsibilities:
....
6. In case of his/her vessel’s accident, he/she must take the most effective emergency response actions; while aboard a sunken vessel, the captain must be the last person abandoning the vessel after taking all possible actions to save humans, property, cargoes and other necessary documents aboard the vessel, except when the vessel is entirely sunk.
Thus, the responsibilities of captains on inland waterway vessels when their vessels are in accidents
- The captain must take the most effective emergency response actions; while aboard a sunken vessel;
- While aboard a sunken vessel, the captain must be the last person abandoning the vessel after taking all possible actions to save humans, property, cargo, and other necessary documents aboard the vessel, except when the vessel is entirely sunk.
What are the amendments to the responsibilities of captains on inland waterway vessels in Vietnam when their vessels are in accidents?
Pursuant to Point d, Clause 2, Article 1 of Circular 33/2022/TT-BGTVT as follows:
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
2. Clauses 1, 2, 4, 6, 11 and 12 of Article 6 are amended as follows:
d) Clause 6 shall be amended as follows:
“6. In the event that the vessel is in danger of sinking or being destroyed, the captain must make every possible effort to attempt a rescue of the passengers in advance and then the rescue of the crew. The captain must be the last person to leave the vessel after making every effort to save the journey logbook, technical logbook and other important documents of the vessel.
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.”
Thus, Circular 33/2022/TT-BGTVT has amendments to the responsibilities of captains on inland waterway vessels in Vietnam when their vessels are in accidents as follows:
- In the event that the vessel is in danger of sinking or being destroyed, the captain must make every possible effort to attempt a rescue of the passengers in advance and then the rescue of the crew.
- The captain must be the last person to leave the vessel after making every effort to save the journey logbook, technical logbook, and other important documents of the vessel
- 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.
What are the rights of captains on inland waterway vessels in Vietnam?
Pursuant to Clause 14, Article 6 of Circular 39/2019/TT-BGTVT as follows:
Captain
Captain is the person having the supreme authority on board a single vessel or an entire fleet, and shall have the following rights and responsibilities:
...
14. Within the ambit of his/her position, the captain may be accorded the following powers:
a) Request replacement of, or refuse to hire, any crew member aboard the vessel if he/she establishes that such crew member does not meet prescribed requirements;
b) Force any crew member to leave the vessel if this crew member fails to comply with the captain’s command or is in breach of the vessel’s rules and regulations;
c) Refuse to allow the vessel to take a voyage if he/she judges that vessel-related, climatic, hydrographic and environmental conditions are not satisfied or may pose safety risks.
Thus, the rights of captains on inland waterway vessels in Vietnam are:
- Request replacement of, or refuse to hire, any crew member aboard the vessel if he/she establishes that such crew member does not meet prescribed requirements;
- Force any crew member to leave the vessel if this crew member fails to comply with the captain’s command or is in breach of the vessel’s rules and regulations;
- Refuse to allow the vessel to take a voyage if he/she judges that vessel-related, climatic, hydrographic, and environmental conditions are not satisfied or may pose safety risks.
Circular 33/2022/TT-BGTVT takes effect from February 1, 2023.
LawNet