Decree No. 173/2007/ND-CP dated November 28, 2007 of the Government on the organization and operation of maritime pilotage
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, November 28, 2007
ON THE ORGANIZATION AND OPERATION OF MARITIME PILOTAGE
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14. 2005 Vietnam Maritime Code;
Pursuant to the November 29, 2005 Enterprise Law:
At the proposal of the Minister of Transport.
Article 1. Scope of regulation and subjects of application
1. This Decree provides for the organization and operation of maritime pilotage.
2. This Decree applies to maritime pilotage organizations (referred to as pilotage companies), persons performing maritime pilotage tasks (referred to as pilots) and agencies, organizations and individuals related to the organization and operation of maritime pilotage in Vietnam.
Article 2. Interpretation of terms
1. Areas where maritime pilotage is compulsory (referred to as compulsory pilotage areas) are areas within seaports water areas or offshore oilfields stretching from the areas where pilots board or leave vessels to wharves, harbors, anchoring areas, transshipment areas, storm shelters, shipbuilding and repairing plants, offshore petroleum depots and vice versa where vessels must be steered by pilots in accordance with the Vietnam Maritime Code. A compulsory pilotage area has one or several vessel-steering channels.
2. Areas where maritime pilotage is not compulsory (referred to as non-compulsory pilotage areas) are water areas outside compulsory pilotage areas defined in Clause I of this Article.
3. Areas where pilots board or leave vessels are areas within the compulsory pilotage areas where vessels anchor 10 receive or return pilots.
4. Vessel-steering channels are navigable channels of vessels steered by pilots from pilot-receiving areas to wharves, harbors, anchoring areas, transshipment areas, storm shelters, shipbuilding and repairing plants of a seaport or offshore oil depot within a compulsory pilotage area.
ORGANIZATION AND OPERATION OF MARITIME PILOTAGE
Article 3. Principles on organization and operation of maritime pilotage
1. Maritime pilotage services are public-utility services subject to conditional business which comply with Article 4 of this Decree.
2. A pilotage company may operate within a compulsory pilotage area only.
3. One or several pilotage companies may operate within a compulsory pilotage area, depending on the number of vessel-steering channels of this compulsory pilotage area.
4. Maritime pilotage services in a vessel-steering channel may be provided by only one pilotage company.
5. The State shall perform the uniform management of maritime pilotage organizations and operation in order to ensure maritime navigation safety and security and prevention of environmental pollution.
Article 4. Conditions for organization and operation of pilotage companies
1. Pilotage companies are enterprises with 100% state capital.
2. Pilotage companies must have pilots of all ranks and vessels for transporting pilots in accordance with regulations of the director of the Vietnam Maritime Administration.
3. Pilotage companies shall be assigned plans on, or ordered for, the provision of vessel-steering services in compulsory pilotage areas or specific vessel-steering channels.
Article 5. Establishment and business registration of pilotage companies
The establishment and business registration of pilotage companies comply with the Enterprise Law.
Article 6. Procedures for allocation of pilotage areas or vessel-steering channels
1. A dossier of application for allocation of a pilotage area or vessel-steering channel comprises:
a/ A written request;
b/ A copy of the business registration certificate of the company;
c/ A list of pilots, enclosed with copies of the maritime pilotage competence certificate and the maritime pilotage area certificate of each pilot;
d/ A list of pilot-transporting vessels, enclosed with copies of registration certificates of these vessels.
2. Order of allocation of pilotage areas or vessel- steering channels:
a/ The pilotage company shall send to the Vietnam Maritime Administration a dossier defined in Clause I of this Article:
b/ The director of the Vietnam Maritime Administration shall decide on the allocation of a pilotage area or vessel-steering channel to the company within 15 working days after receiving a valid and complete dossier; in case of refusal, he/she shall issue a written reply clearly stating the reasons.
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