What are regulations on organization of marine casualty investigation in Vietnam?
The Circular prescribing investigation into and reporting on marine casualties is going to take effect soon. According to that Circular, what are regulations on organization of marine casualty investigation in Vietnam? Thank you!
What are regulations on organization of marine casualty investigation in Vietnam? - image from internet
Pursuant to Article 12 of the Circular 01/2020/TT-BGTVT (effective from 15/3/2020) stipulating regulations on organization of marine casualty investigation in Vietnam:
- Power to conduct marine casualty investigation
+ Directors of regional maritime administrations shall conduct investigations into marine casualties which have occurred within the port waters under their management and other marine casualties as assigned by the Director of Vietnam Maritime Administration;
+ If a marine casualty occurs in the port waters but the ship involved in the casualty is moved to a designated anchoring location in other port waters, the Director of Vietnam Maritime Administration shall assign the maritime administration in charge of the port waters where the casualty occurs or where the ship is anchored to conduct investigation into that marine casualty. When the ship is anchored in the port waters as instructed, Director of the maritime administration in charge of that port waters shall assign its qualified officials to examine the scene and collect evidence.
+ Director of Vietnam Maritime Administration shall decide to assign an appropriate maritime administration to conduct investigation into a marine casualty occurring outside the port waters of Vietnam.
- After receiving information about a marine casualty occurring within the port waters under its management, depending on its conditions, Director of the maritime administration shall assign its qualified officials to examine the occurrence site and get on the ship for assessing the scene and working positions on the ship, and collect evidence serving the investigation. The performance of these tasks must be recorded in writing and avoid affecting the safe operation of the ship. Such record must be certified by a competent person on the ship. The officials are sent to the scene will be members of the investigation team prescribed in Clause 3 of this Article.
- Director of the maritime administration that conducts the investigation shall issue a decision on establishment of an investigation team.
- During the investigation, if a crime is suspected, Director of the relevant maritime administration must immediately notify a competent investigation authority and transfer all documents and evidence related to the marine casualty at the request of the investigation authority; photocopies or certified true copies of documents must be made before they are transferred to the investigation authority; the transfer of documents and evidence must be recorded in writing.
- With regard to a marine casualty investigated by other authorities within their competence, the marine casualty investigation shall be also conducted in accordance with this Circular.
- Vietnam Maritime Administration shall notify the maritime authority of the flag States of the investigation into marine casualties involving foreign-flagged ships as prescribed in Clause 1 Article 2 hereof.
- Director of the maritime administration may detain the ship for up to 05 days to serve the collection of evidence and investigation. The detention of the ship involved in a marine casualty occurring in the port waters for a longer period shall be decided by the Director of Vietnam Maritime Administration at the request of Director of the relevant maritime administration provided the extended period of detention shall not exceed 05 days. The extended detention of the ship involved in a marine casualty occurring outside the port waters shall be decided by the Minister of Transport at the request of the Vietnam Maritime Administration.
Best regards!
