Tiếng Việt| MINISTRY OF TRANSPORT | SOCIALIST REPUBLIC OF VIETNAM |
| No.: 07/2015/TT-BGTVT | Hanoi, 07 April 2015 |
REGULATION ON AIDS TO NAVIGATION AND NOTICES TO MARINERS
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government defining functions, duties, powers and organizational structure of the Ministry of Transport;
Pursuant to Decree No. 21/2012/ND-CP dated 21 March 2012 of the Government on management of seaports and navigable channels;
Pursuant to Decree No. 146/2013/ND-CP dated 30 October 2013 of the Government on announcement of maritime route and traffic divergence in the waters of Vietnam;
At the request of Director of Department of Legal Affairs;
The Minister of Transport issues the Circular providing for aids to navigation and notices to mariners.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Scope of regulation
This Circular provides for the investment and construction, management and operation of aids to navigation and notices to mariners in the seaport waters and waters of Vietnam.
Article 2. Subjects of application
This Circular applies to organizations and individuals that carry out the investment and construction, management and operation of maritime signal and maritime notice; relevant organizations and individuals and vessels operating in the seaport waters and waters of Vietnam.
Article 3. Interpretation of terms
In this Circular, the following terms are construed as follows:
1. Vessels include ships, military ships, ships for public services, fishing vessels, inland water vehicles, seaplans and other water vehicles.
2. Aids to navigation are equipment, works and vessels established and operated on water surface or on land to guide the seafarers and relevant organizations and individuals to identify direction and define location of ships.
3. Notices to mariners are documents issued and announced by competent organs and organizations to provide information and guide the seafarers and relevant organizations and individuals to ensure the maritime safety, security and prevention of environmental pollution.
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5. Public navigable channels are seaport channels which are built, managed and operated for general activities of seaports.
6. Dedicated navigable channels are channels and branches of seaports and other navigable channels which are built, managed and operated for activities of dedicated ports.
7. Dedicated transshipment areas are water areas which are built, managed and operated for activities of dedicated ports.
Section 1. INVESTMENT AND CONSTRUCTION OF AIDS TO NAVIGATION
Article 4. Development planning of system of aids to navigation
1. The Minister of Transport shall approve the development planning of system of aids to navigation.
2. The Vietnam Maritime Administration shall coordinate with other units to ensure the maritime safety and other relevant organizations to prepare the development planning of system of aids to navigation to be submitted to the Minister of Transport for approval and implement the planning after it is approved.
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1. The investment and construction of aids to navigation must consist with the approved planning, the provisions of this Circular, the law on investment and construction. The aids to navigation must be arranged at necessary locations to ensure the maritime safety.
2. The Vietnam Maritime Administration shall implement the state management over investment and construction of aids to navigation under the approved planning.
Article 6. Investment and construction of aids to navigation
1. Based on the scale, nature and features of investment project of aids to navigation from the state budget, the Minister of Transport shall review and make decision on investment, decentralize or authorize the Director of the Vietnam Maritime Administration to make review and investment decision.
2. The units which ensure the maritime safety shall establish the aids to navigation for irregular maritime safety services and immediately report to the Vietnam Maritime Administration and the Port Authority in the area.
3. The organizations and individuals should establish the aids to navigation upon management and operation of dedicated navigable channels or utilization of waters as follows:
a) Areas with geological exploration drilling, oil and gas extraction;
b) Areas with fisheries and aquaculture;
c) Areas with works under performance of salvage;
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dd) Areas with military exercise, search and rescue, fire and explosion prevention, response and recovery of oil spill incidents;
e) Areas with installation of oceanographical data collection system;
g) Areas with entertainment, tourism and sports.
4. When building works passing the navigable channels, organizations and individuals are obliged to establish the aids to navigation for maritime safety.
5. Before establishing the aids to navigation, the organizations and individuals specified in Clause 3 and 4 of this Article must get the approval of the Vietnam Maritime Administration for the location, scale and type of aids to navigation as stipulated in Article 7 of this Circular.
6. The establishment of aids to navigation must comply with the national technical regulations on aids to navigation.
Article 7. Procedures for approval of establishment of aids to navigation
1. Organizations and individuals should send 01 (one) set of dossier to request the establishment of aids to navigation directly or by post or other appropriate forms to the Vietnam Maritime Administration. The dossier includes:
a) Application of organizations and individuals under the form specified in Annex 01 of this Circular;
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Order to receive and handle dossier is as follows:
a) In case of direct submission, if the dossier is complete, a receipt is issued with prescribed appointment for result returning. If the dossier is not complete, return it and provide instructions to organizations and individuals to complete it.
b) In case of receiving dossier by post or other appropriate forms, if the dossier is not complete, within 02 (two) working days after receipt of dossier, the Vietnam Maritime Administration shall issue a written requirement for the completion of dossier.
c) Within 05 (five) working days after the receipt of dossier, the Vietnam Maritime Administration shall issue a written approval for establishment of aids to navigations or a written disapproval with specified reasons.
Section 2. Management of operation of aids to navigation
Article 8. Responsibility for management of aids to navigation
1. The Vietnam Maritime Administration has to implement the state management over the aids to navigation in the country.
2. The Port Authority must be responsible for inspecting and supervising the operation of the aids to navigation system in the seaport waters and areas under its management.
3. The units must ensure the maritime safety, directly manage, operate and take responsibility for the operation of aids of navigation in the assigned areas.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 9. Responsibility of the unit managing and operating the aids to navigation
1. Makes plan for periodical repair, renovation and upgrading of aids to navigation to be submitted to the competent level for approval.
2. Performs regular maintenance of aids to navigation so that the technical parameters of aids to navigation are always consistent with the announced notices to mariners.
3. Repair the aids to navigation in a timely manner when the aids to navigation are out of use, lost or deviated.
4. Documents the defined level of breakdown, loss or deviation of aids to navigation to be submitted to the competent organ for investigation and handling as needed or as required by the competent authorities.
5. Makes quarterly report on actual operation of aids to navigation to the Vietnam Maritime Administration under the form specified in Annex 2 of this Circular.
6. Notifies the competent organization upon change of features of aids to navigation compared with the announced notices to mariners for timely announcement of notices to mariners.
Article 10. Protection of aids to navigation
1. All organizations and individuals must protect the aids to navigation.
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3. All organizations and individuals have achievements in protection of aids to navigation shall be commendated and awarded.
Article 11. Principles of announcement of notices to mariners
1. The notices to mariners must be announced in a timely manner by the competent organization to the relevant organs and organizations.
2. The notices to mariners must be simultaneously transmitted on the coastal communication radio system and other appropriate means of communication.
Article 12. Classification of notices to mariners
Based on their purposes of use, the notices to mariners are classified as follows:
1. The notices to mariners of activities of aids to navigation:
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b) The notices to mariners of change of operational features of aids to navigation: when the operational features of the aids to navigation are changed compared with the announced features, such changes must be announced under the form specified in Annex 04 of this Circular;
c) The notices to mariners of operational suspension of aids to navigation: when the aids to navigation are no longer capable of operation in accordance with the announced proper features, the operational suspension of such aids to navigation must be announced under the form specified in Annex 05 of this Circular.
d) The notices to mariners of restoration of operation of aids to navigation: after the remedy of incident of aids to navigation, the restoration of such aids to navigation must be announced under the form specified in Annex 6 of this Circular.
dd) The notices to mariners of termination of activities of aids to navigation: after the aids to navigation are no longer effective and recovered, the notices to mariners must be announced with respect to the operation termination of activities of such aids to navigation under the form specified in Annex 7 of this Circular.
2. The notices to mariners of technical parameters of navigable channels, waters in front of wharves and other water areas and waters:
a) The depth navigable channels, waters in front of wharves and other water areas and waters, after being built, dredged, maintained and renovated, must be surveyed in order to announce the notices to mariners and periodically surveyed and announced with the notices to mariners; in case of new building or renovation, the obstacles at the bottom must be scanned and detected.
b) Every three (03) years, the Ministry of Transport shall announce the List of periodical survey of public navigable channels, water areas and waters (except for dedicated transshipment areas) at the proposal of the Vietnam Maritime Administration on the basis of recommendations of units ensuring the maritime safety.
c) Every three (03) years, the Vietnam Maritime Administration shall announce the List of periodical survey of public navigable channels, water areas and waters at the proposal of the local Port Authority.
d) The units ensuring the maritime safety must survey the depth of public navigable channels, water areas and waters (except for dedicated transshipment areas) in order to announce the notices to mariners;
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e) The depth survey and obstacle scanning specified under Point d and dd of this Clause must be done with the right method and technical procedures specified by the Ministry of Transport.
g) The notices to mariners specified in this Clause are under the form specified in Annex 8 and 9 of this Circular.
3. The notices to mariners of newly-detected dangerous obstacles: when there is any maritime accident or incident resulted in vessel sinkin or upon detection of obstacles causing maritime unsafety, the notices to mariners must be done of such obstacles under the form specified in Annex 10 of this Circular.
4. The notices to mariners of areas of works performance at sea or on the navigable channels: the areas of works performance at sea or on the navigable channels affecting the maritimes activities must be announced with notices to mariners of such works under the form specified in Annex 11 of this Circular;
5. The notices to mariners of underground works or works passing the navigable channels:
a) The underground works passing the navigable channels must be announced with notices to mariners of location, depth of works and other safety conditions;
b) The works passing the navigable channels must be announced with notices to mariners of navigational space and clearance and other safety conditions;
The notices to mariners specified in this Clause under the form specified in Annex 12 of this Circular.
6. The notices to mariners of divergence of navigable channel, restriction of traffic or operation suspension of navigable channel: in special case, the vessels and vehicles must change their direction from their route, restrict traffic or suspend operation of navigable channel, the notices to mariners of of divergence of navigable channel, restriction of traffic or operation suspension of navigable channel under the form specified in Annex 13 of this Circular.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. The notices to mariners of retransmitted information, maritime guiding information related to the maritime activities: information about security, meteorological, hydrological conditions, earthquake, tsumani, health, disease, search, rescue and other specialized information related to the activities of people and vessels in the seaport waters and on the sea areas of Vietnam must be announced with notices to mariners.
9. The notices to mariners of announcement of maritime route and divergence of navigable channel in the territorial waters of Vietnam: when announcing the maritime route and divergence of navigable channel in the territorial waters of Vietnam, the notices to mariners must be announced under the form specified in Annex 15 of this Circular.
Article 13. Contents and requirements of notices to mariners
1. The contents of notices to mariners must be clear, concise, easy to understand and fully and correctly reflect the required information.
2. Requirements of notices to mariners:
a) The location in notices to mariners is taken according to the VN-2000 and WGS-84 coordinate system with the accuracy up to 1/10 second.
b) The depth in notices to mariners is the depth of the shallowest point in the area to be announced and is calculated in meter up to the water level “Chart datum” with the accuracy up to 1/10 second.
c) The geographical name in the notices to mariners is taken by the geographical name specified in the nautical chart or in other published nautical materials. In case the geographical name has not specified in the above materials, the local common name shall be used.
d) The language used in the notices to mariners is the Vietnamese;
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 14. Authority to announce the notices to mariners
1. The units ensuring the maritime safety shall announce the notices to mariners specified in Clauses 1, 2, 3, 4 and 5, Article 12 of this Circular.
2. The port authority shall announce the notices to mariners specified in Clauses 6, 7 and 8, Article 12 of this Circular within the seaport waters and assigned management areas;
3. The Vietnam Maritime Administration shall announce the notices to mariners specified in Clause 9, Article 12 of this Circular.
Article 15. Responsibility of organs and organizations
1. The Vietnam Maritime Administration shall implement the state management over the announcement of notices to mariners.
2. The responsibility of organizations with the authority to announce the notices to mariners:
a) Completely, accurately and promptly announce the required information;
b) Promptly correct and re-announce the notices to mariners upon detection of error or change of content in the notices to mariners.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Procedures for announcement of notices to mariners on new establishment of aids to navigation shall comply with the provisions of Article 28 of Decree No. 21/2012/ND-CP dated 21 March 2012 of the Government on management of seaports and navigable channels.
1. The unit managing and operating the aids to navigation shall send 01 (one) set of dossier to request the announcement of notices to mariners directly, by post or by other appropriate forms to the organization with authority to announce the notices to mariners as stipulated in Article 14 of this Circular. The dossier includes:
a) The application for announcement of notices to mariners of operation of aids to navigation is under the form specified in Annex 16 of this Circular;
b) Record to identify the condition of aids to navigation.
2. The order to receive and handle the dossier as follows:
Within 24 (twenty four) hours after receipt of dossier, the organization with authority to announce the notices to mariners shall announce the notices to mariners. In case of ineligibility for announcement, such organization has to respond in writing with specified reasons.
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a) Application of investor or operator under the form specified in Annex 16 of this Circular;
b) Record of acceptance of survey result;
c) Depth survey plan, survey report and other relevant documents collected at the site.
2. The order to receive and handle dossier is as follows:
a) In case of direct submission, if the dossier is complete, a receipt is issued with prescribed appointment for result returning. If the dossier is not complete, return it and provide instructions to the investor or operator to complete it.
b) In case of receiving dossier by post or other appropriate forms, if the dossier is not complete, within 02 (two) working days after receipt of dossier, the organization with authority to announce the notices to mariners shall issue a written requirement for the completion of dossier.
c) Within 05 (five) working days, after fully receiving dossier specified in Clause 1 of this Article, the organization with authority to announce the notices to mariners shall announce the notices to mariners. In case of ineligibility for announcement, such organization has to respond in writing with specified reasons.
3. For the notices to mariners of technical parameters of public navigable channels, water areas, waters (except for dedicated transshipment areas) which are periodically announced with notices to mariners by the organization with authority to announce the notices to mariners after having the record of acceptance of survey result, depth survey plan, survey report and other relevant documents collected at the site.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Application of the investor or the operator under the form specified in Annex 16 of this Circular.
b) Copy of written reply of the competent level concerning the consistency with seaport planning;
c) Copy of technical design approved by the competent level;
d) Copy of as-built drawing;
dd) Record of acceptance and handover of works to be put into use;
e) Record of acceptance of result of obstacle survey, scanning and detection;
g) Depth survey plan, survey report and other relevant documents collected at the site;
h) Plan of obstacle scanning and detection route.
2. The order to receive and handle dossier is as follows:
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) In case of receiving dossier by post or other appropriate forms, if the dossier is not complete, within 02 (two) working days after receipt of dossier, the organization with authority to announce the notices to mariners shall issue a written requirement for the completion of dossier.
c) Within 05 (five) working days, after fully receiving dossier specified in Clause 1 of this Article, the organization with authority to announce the notices to mariners shall announce the notices to mariners. In case of ineligibility for announcement, such organization has to respond in writing with specified reasons.
1. The investor or the operator shall send 01 (one) set of dossier to request the announcement of notices to mariners directly, by post or by other appropriate forms to the organization with authority to announce the notices to mariners as stipulated in Article 14 of this Circular. The dossier includes:
a) Application of investor or operator under the form specified in Annex 16 of this Circular;
b) Copy of technical design approved by the competent level;
c) Copy of written approval for performance activities of the competent level
d) Copy of construction plan or drawing;
dd) Copy of traffic safety assurance plan approved by the competent level;
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The order to receive and handle dossier is as follows:
a) In case of direct submission, if the dossier is complete, a receipt is issued with prescribed appointment for result returning. If the dossier is not complete, return it and provide instructions to the investor or operator to complete it.
b) In case of receiving dossier by post or other appropriate forms, if the dossier is not complete, within 02 (two) working days after receipt of dossier, the organization with authority to announce the notices to mariners shall issue a written requirement for the completion of dossier.
c) Within 05 (five) working days, after fully receiving dossier specified in Clause 1 of this Article, the organization with authority to announce the notices to mariners shall announce the notices to mariners. In case of ineligibility for announcement, such organization has to respond in writing with specified reasons.
1. The investor or operator shall send 01 (one) set of dossier to request the announcement of notices to mariners directly, by post or by other appropriate forms to the organization with authority to announce the notices to mariners as stipulated in Article 14 of this Circular. The dossier includes:
a) Application of investor or operator under the form specified in Annex 16 of this Circular;
b) Copy of technical design approved by the competent level;
c) Copy of as-built drawing;
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Record of acceptance of result of obstacle survey, scanning and detection;
e) Main technical parameters of works;
2. The order to receive and handle dossier is as follows:
a) In case of direct submission, if the dossier is complete, a receipt is issued with prescribed appointment for result returning. If the dossier is not complete, return it and provide instructions to the investor or operator to complete it.
b) In case of receiving dossier by post or other appropriate forms, if the dossier is not complete, within 02 (two) working days after receipt of dossier, the organization with authority to announce the notices to mariners shall issue a written requirement for the completion of dossier.
c) Within 03 (three) working days, after fully receiving dossier specified in Clause 1 of this Article, the organization with authority to announce the notices to mariners shall announce the notices to mariners. In case of ineligibility for announcement, such organization has to respond in writing with specified reasons.
1. The investor or the operator shall send 01 (one) set of dossier to request the announcement of notices to mariners directly, by post or by other appropriate forms to the organization with authority to announce the notices to mariners as stipulated in Article 14 of this Circular. The dossier includes:
a) Application of investor or operator under the form specified in Annex 16 of this Circular;
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Copy of written approval of the competent as prescribed by law (if any);
d) Documents and necessary information related to the restricted sea areas or prohibited maritime activities (if any).
2. The order to receive and handle dossier is as follows:
a) In case of direct submission, if the dossier is complete, a receipt is issued with prescribed appointment for result returning. If the dossier is not complete, return it and provide instructions to the investor or operator to complete it.
b) In case of receiving dossier by post or other appropriate forms, if the dossier is not complete, within 02 (two) working days after receipt of dossier, the organization with authority to announce the notices to mariners shall issue a written requirement for the completion of dossier.
c) Within 03 (three) working days, after fully receiving dossier specified in Clause 1 of this Article, the organization with authority to announce the notices to mariners shall announce the notices to mariners. In case of ineligibility for announcement, such organization has to respond in writing with specified reasons.
Article 23. Announcement of notices to mariners of newly-detected dangerous obstacles
Right after receiving information about the maritime accident or incident resulted in vessel sinking or upon detection of obstacles causing maritime unsafety, the organization with authority to announce the notices to mariners is responsible for inspection, survey and announcement of notices to mariners of newly-detected dangerous obstacles
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Right after receiving information about security, meteorological, hydrological conditions, earthquake, tsumani, health, disease, search, rescue and other specialized information related to the activities of people and vessels in the seaport waters and on the sea areas of Vietnam, the Port Authorities shall announce the notices to mariners of the above information.
Upon decision or receipt of Decision on announcement of notices to mariners and divergence of navigable channel in the territorial waters of Vietnam, the organization with authority to announce the notices to mariners shall announce the notices to mariners.
Article 27. Transmittance of notices to mariners
1. After being announced, the notices to mariners must be sen immediately to the Vietnam Maritime Administration, the relevant Port Authority, the maritime pilotage organization and the Vietnam Maritime Communication and Electronics LLC and other relevant organizations and individuals in writing or appropriate electronic mode.
2. The Vietnam Maritime Communication and Electronics LLC shall transmit on the Vietnamese coastal communication radio system the notices to mariners in Vietnamese and English language by appropriate communication modes. The transmittance of notices to mariners is done under the form specified in Annex 17 of this Circular.
3. A number of times of transmittance of notices to mariners are done in accordance with regulations as follows:
a) The notices to mariners specified in Clauses 1, 2, 4, 5 and 9, Article 12 of this Circular is transmitted at least 02 (two) times/day in 03 (three) consecutive days;
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Based on the reality, the Vietnam Maritime Administration shall consider the increase and reduction in frequency or stop of transmittance of notices to mariners specified under Point b of this Clause at the request of the Vietnam Maritime Communication and Electronics LLC.
4. The organization with the authority to announce the notices to mariners and the Vietnam Maritime Communication and Electronics LLC shall post all contents of notices to mariners on their websites.
5. The expenses for announcement of notices to mariners and transmittance of notices to mariners are from the annual operational expenses of such organs and units.
Article 28. Provision of information on notices to mariners
1. Organizations and individuals specified in Article 2 of this Circular have the right to request the provision of notices to mariners.
2. Organizations and individuals operating in the seaport waters, navigable channels and sea areas of Vietnam are obliged to promptly and accurately provide the organizations with authority to announce the notices to mariners with the following information if detected:
a) Deviation of location or operational features of aids to navigation compared with the contents of announced notices to mariners;
b) Newly-detected obstacles not yet announced with notices to mariners or marked on the nautical chart;
c) Other information related to the maritime safety.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. This Circular takes effect from 01 June 2015 and annuls Circular No. 54/2011/TT-BGTVT dated 08 November 2011 of the Minister of Transport providing for the aids to navigation and notices to mariners.
2. Issued with this Circular is 17 Annexes.
Article 30. Implementation organization
The Chief of Ministerial Office, Ministerial Chief Inspector, Directors General, Directors of Vietnam Maritime Administration, General Directors of Maritime Safety Corporation, Directors of Port Authorities, General Directors of Vietnam Maritime Communication and Electronics LLC, Heads of relevant organs, organizations and individuals are liable to execute this Circular./.
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Mọi chi tiết xin liên hệ: ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- 1 Circular No. 04/2014/TT-BGTVT dated March 26, 2014, on conditions and procedures for issuance of licenses for import of flares serving maritime safety
- 2 Decree No. 146/2013/ND-CP dated October 30, 2013,
- 3 Decree No. 107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the ministry of transport
- 4 Decree No. 21/2012/ND-CP of March 21, 2012, on management of seaports and navigable channels