THE MINISTER OF TRANSPORT
 
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom - Happiness
No. 48/2005/QD-BGTVT
HanoiSeptember 30, 2005,
DECISION
ON MARINE ACCIDENT REPORTING AND INVESTIGATION
THE MINISTER OF TRANSPORT
Pursuant to Vietnam Maritime Code of June 14, 2005;
Pursuant to the Governments Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
At the proposals of the director of the Transport Department and the director of the Vietnam Maritime Administration.
DECIDES:
Chapter I
GENERAL PROVISIONS
Article 1. Regulation scope
This Decision provides for marine accident reporting and investigation.
Article 2. Application subjects
This Decision applies to agencies, organizations and individuals involved in marine accident reporting and investigation in the following cases:
1. Marine accidents related to Vietnamese seagoing ships;
2. Marine accidents related to foreign seagoing ships operating in Vietnamese port waters and waters;
3. Marine accidents occurring to ship on official duty, fishing ships, inland waterway means of transport or hydroplanes operating in port waters of Vietnam.
Article 3. Classification of marine accidents
Marine accidents include:
1. Extremely serious marine accidents:
An extremely serious marine accident is the one which causes one of the following consequences:
a. Death or missing of more than three people;
b. Injuries or health damage to more than 10 people, with the personal infirmity rate of between 31% and 60%;
c. Injuries or health damage to more than six people, with the personal infirmity rate of 61% or over;
d. Material damage of over VND 1 billion in terms of assets, facilities, expenses for repair, towage, lifting or removal of sunken means; expenses for unblocking maritime channels; expenses for remedying environmental incidents;
dd. Blocking maritime channels for more than 48 hours.
e. Causing harms to peoples life or health, to assets or facilities as specified in two to four cases in Clause 2 of this Article;
2. Serious marine accidents.
A serious marine accident is the one which causes one of the following consequences:
a. Death or missing of between one and three people;
b. Injuries or health damage to five to 10 people, with the personal infirmity rate of between 31% and 60%.
c. Injuries or health damage to three to five people, with the personal infirmity rate of 61% or over;
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