Pursuant to Article 12 of the Circular 105/2022/TT-BQP stipulating violations against regulations on fire and explosion prevention for ships in Vietnam as follows:
Violations against regulations on safety of life at sea ships; violations against regulations on fire and explosion prevention for ships specified in Article 18 of Decree No. 162/2013/ND-CP, amended in Clause 10 Article 3 of Decree No. 37/2022/ND-CP and Article 19 Decree No. 162/2013/ND-CP, amended by Clause 11 Article 3 of Decree No. 37/2022/ND-CP
1. Equipment for marine safety assurance and marine pollution prevention (including equipment for life-saving, fire prevention, fire detection and fighting) installed on Vietnamese ships that operate on domestic routes is prescribed in the Decision No. 59/2005/QD-BGTVT dated November 21, 2005 of the Minister of Transport on regulation on equipment for marine safety and prevention of marine pollution installed on Vietnamese ships that operate domestic routes.
2. The failure to establish sufficient minimum safe manning levels prescribed in Clause 3 Article 18 of Decree No. 162/2013/ND-CP means the failure to establish sufficient minimum safe manning levels for Vietnamese ships as prescribed in Circular No. 03/2020/TT-BGTVT dated February 21, 2020 of the Minister of Transport on standards of competence, professional certificates, training for seafarers, and minimum safe manning requirements for Vietnamese-flagged ships and other relevant documents.
As regulations above, violations against regulations on fire and explosion prevention for ships in Vietnam are:
- There is no assignment of duties in an emergency situation at the necessary positions, or there is a list of duties that are not suitable for the ship's crew or the roster has been damaged;
- Crew members do not proficiently use life-saving and puncture-saving equipment of the ship;
- Failing to write, incompletely or incorrectly recording the contents of the marine logbook, machine log or other types of logs that are not in the prescribed logs.
- Life-saving appliances of poor quality or not ready for immediate operation;
- Arranging life-saving equipment of boats not in accordance with regulations;
- Lifesaving equipment has expired.
- Failing to arrange enough minimum safety manning or exceeding the allowable level of life-saving equipment on board as prescribed; not equipped or inadequately equipped with fire-fighting, life-saving and puncture-fighting equipment as prescribed
- Acts of carrying goods in excess of the regulations compared to the total tonnage of the ship.
- Acts of carrying passengers in excess of the prescribed number compared to the total tonnage of the ship.
- There are no necessary warning signs or instructions in flammable and explosive places;
- There is no diagram of the fire-fighting system, fire-fighting assignment sheet or operating instructions in the positions on the ship as prescribed;
- Fire fighting equipment is not placed in the correct position on the boat.
- Failing to fully equip fire and explosion prevention and fighting equipment as prescribed;
- Explosion prevention equipment is unusable or has expired inspection
- No emergency response plan;
- Firefighting equipment is not in a state of readiness for operation as prescribed;
- Using specialized fire fighting means for other purposes;
- Carrying flammable and explosive substances with passengers.
Pursuant to Article 113 of the Decree 58/2017/NĐ-CP stipulating responsibilities of ships for fire and explosion prevention and fighting in Vietnam as follows:
- The master of the ship operating at a port shall comply with, and inspect and supervise the implementation of regulations on fire and explosion prevention and fighting.
- Fire and explosion prevention and fighting equipment of the port and ship must be placed at the prescribed place and always ready for use.
- At all places prone to fire and explosion or in other areas and places in the port and on board the ship, warning signs or instructions must be given as prescribed by law.
- The persons on duty at the places prone to fire or explosion on board the ship and in the port must be provided with professional training in fire and explosion fighting and prevention.
- The following tasks must be performed upon receipt of fuel:
+) Have fire and explosion prevention and fighting equipment ready;
+) Securely close all doors at the side along which fuel is supplied;
+) Comply with all technical safety procedures and rules upon receipt of fuel;
+) Arrange person on duty on the deck and at the place of fuel receipt.
- Fire and explosion prevention and fighting equipment of the port and ship shall be used for the right purposes.
- Spark- emitting work shall only be carried out on the deck, in cargo holds or engine cabins with the consent of the port authority.
- Upon receipt of fuel, the following tasks shall not be performed:
+) Let other ships perform side-by-side mooring;
+) Pump fuel through the pipes, hoses or joints that fail to meet technical standards.
- Before deciding to permit the repair and sanitation control of a ship or other maritime operations within seaport waters, which can affect the plan for fire and explosion fighting and prevention, the Director of the port authority shall send an enquiry form to a fire safety authority in the area.
Pursuant to Clause 2.b Article 19 of the Decree 162/2013/NĐ-CP (amended by Clause 11 Article 3 of the Decree 37/2022/NĐ-CP) stipulating the fines for prepare firefighting equipment and appliances which are not operated on ships in Vietnam as follows:
Violations against regulations on fire and explosion prevention for ships
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:
a) Failure to prepare sufficient fire-fighting equipment and appliances as regulated;
b) Preparation of firefighting equipment and appliances which are not operated or out-of-dated;
c) Failure to prepare the emergency response plan;
d) Preparation of firefighting equipment which is not ready for immediate use as regulated;
dd) Use of specialized means of firefighting and prevention for other purposes;
e) Carriage of flammable substances together with passengers.
Pursuant to Clause 2 Article 3 of the Decree 162/2013/NĐ-CP (amende by Clause 3.a Article 3 of the Decree 37/2022/NĐ-CP) stipulating follows:
Fines and power to impose fines
2. Fines for administrative violations prescribed in Chapter II herein are imposed on individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.
As regulations above, the fines for prepare firefighting equipment and appliances which are not operated on ships in Vietnam are:
- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals.
- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on organizations.