Vietnam: Which water areas is it required to establish the aids to navigation upon utilization? What are the responsibilities of the unit charged with managing and operating aids to navigation?
- Which water areas is it required to establish the aids to navigation upon management and operation of specialized navigational channels or utilization in Vietnam?
- What are the general regulations on aids to navigation in Vietnam?
- What are the responsibilities of the unit charged with managing and operating aids to navigation in Vietnam?
Which water areas is it required to establish the aids to navigation upon management and operation of specialized navigational channels or utilization in Vietnam?
Pursuant to Clause 3, Article 39 of Decree 58/2017/ND-CP as follows:
Investment in and construction of aids to navigation
1. Based on the scale, nature, and features of the state-funded investment projects on aids to navigation, the Minister of Transport shall consider making the decision on investment or authorize the Director General of the Vietnam Maritime Administration to consider making the decision on investment.
2. The maritime safety enterprises shall establish the aids to navigation for irregular maritime safety services and immediately report such to the Vietnam Maritime Administration and the local port authority.
3. Organizations and individuals have an obligation to establish the aids to navigation upon management and operation of specialized navigational channels or utilization of the following areas:
a) Areas where boring geology investigations, and oil and gas extraction are carried out;
b) Fishing and aquaculture areas;
c) Construction and salvage areas;
d) Areas where cables or underground pipes, underground structures and equipment are installed and affect maritime operations;
dd) Areas where military exercise, search and rescue, fire, and oil spill response drills are carried out;
e) Areas where oceanographical data collection system is installed;
g) Areas where entertainment, tourism and sports activities are carried out.
4. Organizations and individuals when building structures that pass the navigational channels or that affects maritime operations, such as: bridges, power lines, cable cars, underground structures, and other similar structures, drilling rig, wind power, hydropower, thermal power and other similar structures shall establish the aids to navigation to ensure maritime safety.
5. Before establishing the aids to navigation, the organizations and individuals specified in Clause 3 of this Article must obtain the consent of the Vietnam Maritime Administration to the location, scale and type of aids to navigation as prescribed in Article 40 of this Decree.
6. The establishment of aids to navigation must comply with the national technical regulations on aids to navigation.
Thus, according to the above regulations, organizations and individuals have an obligation to establish the aids to navigation upon management and operation of specialized navigational channels or utilization of the following areas:
+ Areas where boring geology investigations, and oil and gas extraction are carried out;
+ Fishing and aquaculture areas;
+ Construction and salvage areas;
+ Areas where cables or underground pipes, underground structures, and equipment are installed and affect maritime operations;
+ Areas where military exercise, search and rescue, fire, and oil spill response drills are carried out;
+ Areas where oceanographical data collection system is installed;
+ Areas where entertainment, tourism, and sports activities are carried out.
What are the general regulations on aids to navigation in Vietnam?
Pursuant to Article 38 of Decree 58/2017/ND-CP, the general regulations on aids to navigation in Vietnam are:
- The investment and construction of aids to navigation must comply with the regulations of this Decree and the law on investment and construction. The aids to navigation shall be arranged at necessary locations to ensure maritime safety.
- The Ministry of Transport shall organize state management of aids to navigation.
- The local port authority shall inspect the operations of the aids to navigation within seaport waters and areas under its management.
- The maritime safety enterprises shall be assigned to manage and operate and take responsibility for the operational safety of the aids to navigation.
- An organization or individual that manages and operates public navigational channels, specialized navigational channels, waters in front of a wharf or conducts surveys, constructs and operates the structures within seaport waters and Vietnamese territorial waters should establish, manage, operate, and take responsibility for operational safety of the aids to navigation on such channel and waters according to the announced technical standards and regulations.
- The Minister of Transport shall elaborate on the management and operations of aids to navigation systems, and issue national technical regulations on aids to navigation.
What are the responsibilities of the unit charged with managing and operating aids to navigation in Vietnam?
Pursuant to Article 42 of Decree 58/2017/ND-CP, the unit charged with managing and operating aids to navigation in Vietnam has the following responsibilities:
- Responsibilities of the unit charged with managing and operating aids to navigation
- Prepare a plan for periodic repair, improvement, and upgrade of aids to navigation and submit it to a competent authority.
- Regularly maintain the aids to navigation so that the technical specifications of aids to navigation are always consistent with the issued notices to mariners.
- Repair the aids to navigation in a timely manner when the aids to navigation are damaged, lost, or deviated.
- Promptly compile a dossier on the extent of damage, loss, or deviation of the aids to navigation and submit it to a relevant authority for investigation and handling when necessary or at the request of the competent authorities.
- Submit quarterly reports on the actual operation of aids to navigation to the Vietnam Maritime Administration according to Form No. 17 provided in the Appendix enclosed with Decree 58/2017/ND-CP.
- Inform a competent organization upon change of features of aids to navigation compared with the issued notices to mariners to promptly issue notices to mariners.
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