Quyết định 20/2005/QĐ-BGTVT về tổ chức và hoạt động của hoa tiêu đường thuỷ nội địa do Bộ trưởng Bộ Giao thông vận tải ban hành

DECISION

NO. 20/2005/QD-BGTVT DATED MARCH 28, 2005 OF MINISTER OF TRANSPORT ON ORGANIZATION AND OPERATION OF INLAND WATERWAY PILOTS

THE MINISTER OF TRANSPORT

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004;

Pursuant to the Law on state-owned enterprises dated December 10, 2003; Pursuant to the Government’s Decree No. 86/2002/ND-CP dated November 05, 2002 defining functions, duties, powers and organizational structure of ministries and ministerial agencies;

Pursuant to the Government’s Decree No. 34/2003/ND-CP dated April 04, 2003 defining functions, duties, powers and organizational structure of the Ministry of Transport;

At the request of Director of Vietnam Inland Waterways Administration and Director of Organization and Personnel Department,

HEREBY DECIDES:

Article 1. Scope and regulated entities

This Decision provides regulations on organizations providing inland waterway pilotage services and applies to organizations and individuals engaging in inland waterway pilotage and other relevant organizations and individuals.

Article 2. Inland waterway pilotage organizations

An inland waterway pilotage organization is required to employ qualified pilots (persons who perform inland waterway pilotage duties), has completed procedures for registration of business operations, or is duly established in accordance with regulations and laws, and given a written approval by the Ministry of Transport.

Article 3. Inland waterway pilotage operations

Pilotage operations must be carried out in accordance with regulations of the law of Vietnam and relevant international treaties on inland waterway and control of ships which have been signed, participated in or recognized by Vietnam.

Article 4. Regulations on pilots

1. Pilots are those holding graduation diplomas in control of vehicles/ships and completing training courses in pilotage as prescribed in Regulations on examination, issuance and conversion of diplomas and certificates in inland waterway pilotage.

2. Activities of a pilot

a) The pilot is entitled to maneuver the vehicles/ships conformable with the class of his professional certificate and license to provide pilotage in inland waterway route, channel or waters.

b) The pilot shall instruct the captain about conditions and signals on the inland waterway channel or route, and advise the captain about any acts inconsistent with the law on inland waterway transport and relevant laws. The pilot has the right to refuse to maneuver the vehicle/ship if the captain deliberately refuses to comply with his rational instructions or advice.

c) While maneuvering the vehicle/ship, the pilot is under the management of the captain. The pilot is considered to fulfill his duties after the vehicle/ship enters the inland port, inland landing stage or is safely anchored at the agreed upon location. The pilot shall not leave the vehicle/ship during the voyage without the captain's consent.

d) The pilot shall notify Director of the regional inland waterway administration or inland waterway management unit of any changes in channels detected during the maneuvering of the vehicle/ship.

e) The pilot is entitled to request the captain to provide adequate information to serve the maneuvering of the vehicle/ship, especially equipment on the vehicle/ship that may affect the ship navigation characteristics.

Article 5. Relationship of inland waterway pilotage organizations

1. Inland waterway pilotage organizations have the relationship with inland waterway management units to firmly grasp the situation of inland waterway channels, routes and inland navigation aids to serve the maneuvering of vehicles/ship operating on such channels or entering inland ports and inland landing stages.

2. Inland waterway pilotage organizations have the relationship with port administrations to grasp operations of vehicles/ships entering and leaving inland ports and inland landing stages as well as security and safety on routes, channels and waters of inland ports and inland landing stages.

Article 6. Implementation organization

Director of Vietnam Inland Waterways Administration shall develop the scheme on inland waterway pilotage organizations and division of pilotage routes for inland waterway areas nationwide, and then submit it to the Minister of Transport for approval.

Article 7. Effect

This Decision comes into force 15 days after it is published on the Official Gazette.

Chief of the Ministry's Office, Director of Organization and Personnel Department, Chief Inspector of the Ministry, Director of Vietnam Inland Waterways Administration, heads of relevant agencies and relevant individuals shall implement this Decision./.

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