Tiếng Việt| MINISTRY OF TRANSPORT | SOCIALIST REPUBLIC OF VIETNAM |
| No.: 07/2018/TT-BGTVT | Hanoi, February 07, 2018 |
Pursuant to the Maritime Code of Vietnam dated November 25, 2015;
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of Ministry of Transport;
At the request of the Director of Legal Department and the Director of Vietnam Maritime Administration;
Minister of Transport promulgates a Circular to provide for the ship inspection.
This Circular provides for the inspection of compliance with regulations on maritime safety, security and labour, and prevention of marine environmental pollution by foreign ships operating in port waters of Vietnam.
1. This Circular applies to organizations and individuals involved in the inspection of foreign ships operating in the port waters of Vietnam.
2. The inspection of Vietnamese ships shall not be governed by regulations of this Circular.
Article 3. Interpretation of terms
For the purpose of this Circular, the terms below are construed as follows:
1. “ship” refers to a foreign flagged ship.
2. “deficiency” refers to a situation where the ship’s technical or operational condition, its certificate or relevant documentation, its manning level or arrangement of crewmembers has been inspected and found not to be in compliance with international conventions on maritime safety, security and labour, and prevention of marine environmental pollution to which Vietnam is a signatory.
3. “clear grounds” refers to evidence that:
a) The ship lacks principal equipment or its equipment does not correspond substantially to the requirements of international conventions to which Vietnam is a signatory; or
b) The ship or its crew member lacks the Certificate or holds an invalid Certificate as required by international conventions to which Vietnam is a signatory; or
c) Documentation required by international conventions to which Vietnam is a signatory is not on board the ship; or
d) The serious hull or structural deterioration or deficiencies exist that may place at risk the watertight or weathertight integrity, or the stability of the ship; or
dd) Serious deficiencies exist in the ship’s equipment that may affect the safety or security of the ship or its crew members, or the pollution prevention; or
e) The crew is not familiar with essential shipboard operations relating to the maritime safety, security and labour, or the pollution prevention, or such operations have not been carried out; or
g) The crew members are unable to communicate appropriately with each other according to the requirements of international conventions to which Vietnam is a signatory; or
h) The master or crew issues false distress alerts which are not followed by proper cancellation procedures; or
i) The competent authority receives a report that the ships does not comply with regulations on maritime safety and security, working conditions or prevention of marine environmental pollution; or
k) The ship does not take special measures to enhance maritime security.
4. “Port State Control Officer” (hereinafter referred to as “PSCO”) refers to an official or public employee who is duly authorized by the Vietnam Maritime Administration and granted an identity card to carry out inspections of the compliance with regulations on maritime safety, maritime security, pollution prevention and working conditions by the foreign ships anchoring in the port waters of Vietnam.
5. “detention” means an intervention action taken by the PSCO when the ship is found to have serious deficiencies as specified in the Annex 02 enclosed herewith so as to request the master to take appropriate remedial measures before departure.
6. “initial inspection” means the PSCO’s visit on board a ship to check both the overall condition of the ship, its equipment and its crew, and the validity of the relevant certificates and other documents.
7. “more detailed inspection” means an inspection conducted by the PSCO when there are clear grounds as defined in Clause 3 of this Article.
8. “re-inspection” means an inspection conducted after all deficiencies determined by the PSCO at the previous inspection have been rectified so as to confirm such rectification.
9. “subsequent inspection” means an inspection conducted by the PSCO to confirm the rectification of deficiencies determined by the foreign PSCO at the previous inspection.
10. “suspension of inspection” means the PSCO’s act of suspending an inspection in exceptional circumstances where, as a result of a more detailed inspection, the overall condition of a ship and its equipment, also taking into account the crew conditions, are found to have a lot of serious deficiencies as specified in the Annex 02 enclosed herewith.
11. “ship below convention size" means a ship whose tonnage or technical values are smaller than those of a standard ship as defined in the convention.
12. “substandard ship” means a ship whose hull, machinery, equipment, operational procedure or crew is substantially below the standards required by the relevant convention, owing to, inter alia:
a) The absence of principal equipment as required by the conventions;
b) Non-compliance of equipment with relevant specifications of the conventions;
c) Substantial deterioration of the ship or its equipment because of poor maintenance;
d) Unfamiliarity of essential operational procedures by the crew; and
dd) Insufficiency of manning or insufficiency of certification of seafarers.
13. "recognized organization” refers to an organization which meets the relevant conditions set forth by the Resolution A.739(18), as amended by the Resolution MSC.208(81), and has been authorized by the flag State Authority to provide the necessary assessment services and certification to ships entitled to fly its flag.
14. “valid certificate” means a certificate that has been issued directly by a Party to a relevant convention or on its behalf by a recognized organization and contains effective date meeting the provisions of the relevant convention and to which the particulars of the ship, its crew and its equipment correspond.
15. “Tokyo MOU” means a co-operative organization on port State control in the Asia-Pacific region.
16. “Asia-Pacific computerized information system” (hereinafter referred to as “APCIS”) is the information system for Tokyo MOU and aimed to collect inspection data and provide statistics and exchange of information concerning ship inspections.
Article 4. Principles for ship inspection
1. Inspections of ships shall be conducted by at least two PSCOs under the assignment of the Director of the maritime Administration. The Director of the maritime Administration may designate other persons with professional competency to assist PSCOs.
2. When boarding a ship, the PSCO should present to the master or to the crew member on duty of the ship the PSCO identity card.
3. When carrying out inspection, the PSCO should make all possible efforts to avoid a ship being unduly detained or delayed. The main purpose of an inspection is to prevent a ship proceeding to the sea if it is unsafe or presents an unreasonable threat of harm to the marine environment. The PSCO should exercise professional judgment to determine whether to detain a ship until the deficiencies are corrected or to allow it to sail with certain deficiencies, having regard to the particular circumstances of the intended voyage.
4. When carrying out inspection, the PSCO must comply with regulations in the Annex 01 enclosed herewith.
INSPECTION CONTENTS AND PROCEDURES
Article 5. Applicable international conventions
1. Inspections of ships shall be conducted in accordance with regulations of the international conventions to which Vietnam is a signatory, consisting of:
a) The International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS); The Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS Protocol 1988);
b) The International Convention on Load Lines, 1966 (LOAD LINES); The Protocol of 1988 relating to the International Convention on Load Lines, 1966 (LOAD LINES Protocol 1988);
c) The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 relating thereto, as amended (MARPOL);
d) The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW);
dd) The International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE);
e) The International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (AFS);
g) The Maritime Labour Convention, 2006 (MLC); and
h) The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG).
2. In case of amendments to any of the conventions specified in Clause 1 of this Article or where Vietnam is a new party of a relevant convention on maritime safety, security and labour, and prevention of marine environmental pollution, the PSCOs shall apply those amendments or regulations of the newly signed convention.
Article 6. Criteria for selection of ships for inspection
1. If there are clear grounds as set forth in Clause 3 Article 3 herein, a ship shall be inspected when it enters a port.
2. In case of unavailability of clear grounds, ships are targeted for inspections according to the time window for inspections based on ship risk profile as regulated by the APCIS for the Tokyo MOU.
1. Before boarding a ship, the PSCO should gain, from the appearance of the ship, an impression of its overall conditions such as its paintwork, corrosion or pitting or unrepaired damage.
2. The PSCO should ascertain the type of ship, year of build and technical values of the ship for the purpose of determining which provisions of the conventions are applicable.
3. On boarding a ship, the PSCO shall examine the ship’s relevant certificates and documents. If the certificates are valid and the PSCO’s general impression and visual observations on board confirm a good standard of maintenance, the PSCO should finish the inspection and make a report of inspection using Form A stated in the PSC Manual.
Article 8. More detailed inspection
In conducting an initial inspection, the PSCO should check the overall condition of the ship, including its equipment, navigational bridge, decks, cargo holds/areas, engine-room and pilot transfer arrangements, and its essential shipboard procedures. Based on specific conditions, the PSCO shall decide whether all or some of these items shall be checked.
Ending an inspection, when deficiencies are found, the PSCO shall:
1. Request such deficiencies to be rectified before departure.
2. Permit the ship to have its deficiencies been rectified at the next port.
3. Permit deficiencies to be rectified within 14 days.
4. Permit deficiencies to be rectified within 03 months.
5. Permit deficiencies to be rectified according to a specific plan.
6. Retain the ship.
7. Other actions: specify the action.
8. Confirm rectified deficiencies.
Article 10. Record of inspection
1. Upon the completion of an inspection, the PSCO shall make a report of inspection using Form A and Form B stated in the PSC Manual for Tokyo MOU (Form B is made only when deficiencies are found). In case of suspension of inspection, all deficiencies determined in the initial inspection and those determined in the re-inspection (if any) shall be recorded in Form B.
2. The master of the ship is provided with a report of inspection by the PSCO.
3. If serious deficiencies which caused a detention of ship as referred to in Annex 02 enclosed herewith are found, the PSCO should specify provisions of the conventions in the report of inspection.
4. The PSCOs shall apply forms of notices, codes for deficiencies, codes for registries or recognized organizations, codes for the ports, codes for flag, codes for types of ships and codes for actions taken as prescribed in the PSC Manual for Tokyo MOU to make reports of inspection,
Article 11. Notification of detention of ships, suspension of inspection and release from detention
1. In case of detention or suspension of inspection, the PSCO shall immediately send a written notification thereof to the Government of the flag State and related parties. When all serious deficiencies have been rectified and the ship substantially correspond to the requirements of the conventions, the PSCO shall carry out a re-inspection and notify the Government of the flag state and related parties in writing of the release of ship from detention.
2. Serious deficiencies which cause a detention of ship are specified in Annex 02 enclosed herewith.
3. Notification of suspension of inspection shall be made using the form stated in the PSC Manual for the Tokyo MOU.
Article 12. Rectification of deficiencies and release
1. In the case of deficiencies which are defined in Annex 02 enclosed herewith and are clearly hazardous to the maritime safety, maritime security, working conditions or the environment, the PSCO must ensure that such deficiencies are rectified before the ship is allowed to proceed to sea.
2. Where deficiencies which caused a detention cannot be remedied in the port of inspection, the Director of the maritime Administration may allow the ship concerned to proceed to the nearest appropriate repair yard available, as chosen by the master and agreed to by that authority. Concurrently, the conditions to ensure the safety of ship when proceeding to that nearest repair year as agreed between the Government of the flag State and the maritime Administration are complied with. In such circumstances, the maritime Administration should notify the authority of the ship’s next port of call and related parties.
1. After deficiencies are fully rectified, the master of the ship shall notify the PSCO to carry out a re-inspection. Where deficiencies are fully rectified and the ship substantially correspond to the provisions of the conventions, the PSCO shall confine rectified deficiencies to the report of inspection.
2. After deficiencies are fully rectified but the ship does not correspond to the conventions, the PSCO shall request further remedial measures.
3. The PSCO may use photographic evidence of the rectification of deficiencies instead of direct visit of the ship.
Article 14. Subsequent inspection
1. Where the APCIS shows that the ship entering the port of Vietnam has deficiencies not yet rectified, the PSCO shall board the ship to check such deficiencies.
2. The PSCO is entitled to decide whether to check the deficiencies not yet rectified only or to inspect other contents concerning maritime safety, maritime security, working conditions and pollution prevention.
Article 15. Resolution of complaints
1. The master, shipowner, registry or relevant organization or individual shall have the right of appeal against a detention taken by the Maritime Administration. The PSCOs must properly inform the master of the right of appeal when making the report of inspection. The appeal shall not cause the detention to be suspended.
2. After finishing the inspection, the master, shipowner, registry or relevant organization or individual that disagrees with the outcome provided by the PSCO shall have the right of appeal against that PSCO’s outcome. Appeal procedures:
a) The master, shipowner, registry or relevant organization or individual shall file an appeal directly to the PSCO, specifying disagreed contents and provisions of the conventions concerning their disagreements. The PSCO shall receive appeal and report to the Director of the Maritime Administration before responding to the sender of appeal. A response must be given within 15 days from the receipt of appeal.
b) After the master, shipowner, registry or relevant organization or individual is not satisfied by the written response given by the PSCO, such appeal may be sent to the Vietnam Maritime Administration. The Vietnam Maritime Administration shall consider and respond to the appeal within 60 days from the date of receipt.
c) The master, shipowner, registry or relevant organization or individual is entitled to file the appeal to the Secretariat of Tokyo MOU if they are still not satisfied by the written response given by the Vietnam Maritime Administration. The decision issued by the Secretariat of Tokyo MOU shall be the final judgment.
Article 16. Updating inspection reports to the APCIS
1. Within 02 days after the inspection, the PSCO shall update the inspection report to the APCIS. The Vietnam Maritime Administration or the Maritime Administration shall consider approving the inspection report on APCIS within 05 days according to the authorization given by the Vietnam Maritime Administration.
2. In case of necessary modification of data on the APCIS, the Vietnam Maritime Administration or the Maritime Administration giving approval for the inspection report shall check and update information exactly.
Article 17. Ships of non-Parties
1. Ships of non-Parties shall be given no favorable treatment.
2. As ships of non-Parties are not provided with the Convention certificates, the PSCO shall consider determining whether the ship and its crew substantially correspond to the safety requirements of the Conventions.
3. In case the ship and its crew have some form of certification other than that required by a convention, the PSCO may take the form and content of this documentation into account in the evaluation of that ship.
Article 18. Ships below convention size
1. The PSCOS shall evaluate the conformity of any certificates and other documents issued by the flag State Authority or a recognized organization. In such cases, the PSCOs should limit the scope of inspection to the verification of compliance with those certificates and documents.
2. To the extent a relevant instrument is not applicable to a ship below convention size, the PSCO’s task shall be to assess whether the ship is of an acceptable standard in regard to maritime safety, maritime security, working conditions and marine environment. In making that assessment, the PSCO should take due account of such factors as the length and nature of the intended voyage, the size and type of the ship, the equipment provided and the nature of the cargo.
1. A member of the crew or any other organization or individual with an interest in the safety of the ship, the life of its crew and passengers, or the protection of marine environment shall assume responsibility to submit information concerning a ship appearing to be substandard to the Maritime Administration. This information should be submitted in writing or verbally or in any other appropriate forms. If the information is provided verbally, the Maritime Administration must keep records of the individual or body providing the information.
2. The Maritime Administration shall receive and handle the information about a substandard ship and have the right to refuse to allow the ship to enter the port or initiate an inspection immediately after the ship enters the port.
1. This Circular comes into force as from April 01, 2018.
2. The phrase “Đại diện Cảng vụ hàng hải” (Representatives of Maritime Administrations” shall be replaced by the phrase ““hoặc Đại diện Cảng vụ hàng hải được Giám đốc Cảng vụ hàng hải ủy quyền theo quy định của pháp luật” (or Representatives of Maritime Administrations as duly authorized by the Directors of Maritime Administrations) at Clause 3 Article 6 of the Circular No. 30/2016/TT-BGTVT dated October 28, 2016 by the Minister of Transport on procedures for submission and validity of sea protests.
Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry of Transport, Director of Vietnam Maritime Administration, General Director of Vietnam Register, heads of relevant agencies/units, and relevant individuals shall be responsible for implementing this Circular./.
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| PP. MINISTER |
(Enclosed with the Circular No. 07/2018/TT-BGTVT dated February 07, 2018 by the Minister of Transport)
REQUIREMENTS TO BE SATISFIED BY PORT STATE CONTROL OFFICERS
When boarding a ship, the PSCOs should:
1. Not unduly disturb the privacy and rest of the ship’s crew members.
2. Comply with any ship housekeeping rules.
3. Not be prejudiced by the race, gender, religion or nationality of the crew.
4. Respect the authority of the master or his deputy;
5. Be polite but professional and firm as required.
6. Never become threatening, abrasive or dictatorial or use language that may cause offence;
7. Comply with all health and safety requirements of the ship and their administration.
8. Comply with all security requirements of the ship and wait to be escorted around the ship by a responsible person.
9. Present their identity cards to the master or the representative of the ship owner at the start of the inspection.
10. Explain the reason for the inspections. In the case that an inspection is initiated based on a report or complaint, the source of the information should not be disclosed.
11. Apply the inspection procedures according to the requirements of the conventions and regulations of the law of Vietnam in a consistent and professional way and interpret them pragmatically when necessary.
12. Not try to mislead the crew by asking them to do things that are contrary to the conventions and laws.
13. Request the crew to demonstrate the functioning of equipment and operational activities, and not make tests themselves.
14. Seek advice when they are unsure of a requirement or of their findings (for example by consulting colleagues, publications, the Government of the flag State or the recognized organization).
15. Where it is safe to do so accommodate the operational needs of the port and the ship.
16. Explain clearly the deficiencies found in the inspection and remedial measures against thereof in the inspection report.
17. Issue to the master a report of inspection before leaving the ship.
18. Deal with any disagreement over the findings of the inspection calmly and patiently.
19. Advise the master of the complaints procedure in place if the disagreement cannot be resolved within a reasonable time.
20. Advise the master of the right of appeal in the case of detention.
21. Not have any personal interest in their ports and the ships they inspect; not be employed by or perform works of an authorized organization.
22. Be free to make decisions based on the findings of their inspections.
23. Firmly refuse any attempts of bribery and report any blatant cases to the maritime administration.
24. Not misuse their authority for obtaining personal benefits.
25. Update their technical knowledge regularly, guidelines provided by the Tokyo MOU in the PSC Manual.
26. It should be recognized that all equipment is subject to failure and spares or replacement parts may not be readily available. In such cases, undue delay should not be caused if, in the opinion of the PSCO, safe alternative arrangements have been made.
27. Since detention of a ship is a serious matter involving many issues, it may be in the best interest of the PSCO to act together with other interested parties. The PSCO should also consider cooperating with the flag State authority’s representatives or the recognized organization responsible for issuing the relevant certificates. Without limiting the PSCO’s discretion in any way, the involvement of other parties could result in a safer ship, avoid subsequent arguments relating to the circumstances of the detention and prove advantageous in the case of litigation involving "undue delay".
(Enclosed with the Circular No. 07/2018/TT-BGTVT dated February 07, 2018 by the Minister of Transport)
GUIDELINES FOR THE DETENTION OF SHIPS
Serious deficiencies which cause a detention of ship as regulated in the conventions, comprising of:
1. Areas under the SOLAS Convention
a) Failure of proper operation of propulsion and other essential machinery, as well as electrical installations;
b) Insufficient cleanliness of engine-room, excess amount of oily-water mixture in bilges, insulation of piping including exhaust pipes in engine-room contaminated by oil, and improper operation of bilge pumping arrangements;
c) Failure of the proper operation of emergency generator, lighting, batteries and switches;
d) Failure of proper operation of the main and auxiliary steering gear;
dd) Absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching and recovery arrangements;
e) Absence, non-compliance or substantial deterioration of fire detection system, fire alarms, fire-fighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers, and quick-closing devices;
g) Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers;
h) Absence, non-compliance or serious deterioration of lights, shapes or sound signals;
i) Absence or failure of the proper operation of the radio equipment for distress and safety communication;
k) Absence or failure of the proper operation of navigation equipment;
l) Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage;
m) Absence of non-sparking exhaust ventilation for cargo pump-rooms;
n) Serious deficiencies in the operational requirements listed in the Appendix 7 of the SOLAS Convention;
o) Number, composition or certification of crew not corresponding with safe manning document.
p) Non-implementation or failure to carry out the enhanced survey programme in accordance with SOLAS Regulation XI-1/2 and Resolution A.744(18);
q) Absence or failure of a voyage data recorder (VDR).
2. Areas under the IBC Code
a) Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information;
b) Missing or damaged high-pressure safety devices;
c) Electrical installations not intrinsically safe or not corresponding to the Code requirements;
d) Sources of ignition in hazardous locations;
dd) Contravention of special requirements;
e) Exceeding of maximum allowable cargo quantity per tank;
g) Insufficient heat protection for sensitive products;
h) Pressure alarms for cargo tanks not operable;
i) Transport of substances to be inhibited without valid inhibitor certificate.
3. Areas under the IGC Code
a) Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information;
b) Missing closing devices for accommodations or service spaces;
c) Bulkhead not gastight;
d) Defective air locks;
dd) Missing or defective quick-closing valves;
e) Missing or defective safety valves;
g) Electrical installations not intrinsically safe or not corresponding to the Code requirements;
h) Ventilators in cargo area not operable;
i) Pressure alarms for cargo tanks not operable;
k) Gas detection plant or toxic gas detection plant defective;
l) Transport of substances to be inhibited without valid inhibitor certificate.
4. Areas under the LOAD LINES Convention
a) Significant areas of damage or corrosion, or pitting of plating or associated stiffening in decks and hull affecting seaworthiness or strength to take local loads.
b) A recognized case of insufficient stability.
c) Absence of sufficient and reliable information which enables the master to arrange for the loading and ballasting of the ship in such a way that a safe margin of stability is maintained at all stages and at varying conditions of the voyage.
d) Absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight/weathertight doors;
dd) Overloading;
e) Absence of, or impossibility to read, draught marks or Load Line marks.
5. Areas under the MARPOL Convention, Annex I
a) Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring and control system or the 15 ppm alarm arrangements;
b) Remaining capacity of slop or sludge tank insufficient for the intended voyage;
c) Oil Record Book not available;
d) Unauthorized discharge bypass fitted;
dd) Failure to meet the requirements of Regulation 20.4 and Regulation 20.7 Annex I of the MARPOL Convention.
6. Areas under the MARPOL Convention, Annex II
a) Absence of P and A Manual.
b) Cargo is not categorized;
c) No Cargo Record Book available;
d) Unauthorized discharge bypass fitted.
7. Areas under the MARPOL Convention, Annex V
a) Absence of the garbage management plan;
b) No garbage record book available;
c) Ship's personnel not familiar with disposal/discharge requirements of garbage management plan.
8. Areas under the MARPOL Convention, Annex VI
a) Absence of valid IAPP Certificate, EIAPP Certificate and technical files;
b) A marine diesel engine, with a power output of more than 130 kW, which is installed on board a ship constructed on or after January 01, 2000, or a marine diesel engine having undergone a major conversion on or after January 01, 2000, which does not comply with the NOx Technical Code.
c) The sulphur content of any fuel oil used on board ships exceeds the following limits:
- 3.5% on and after January 01, 2012;
- 0.5% on and after January 01, 2020.
d) The sulphur content of any fuel used on board exceeds the following limits while operating within a SOx emission control area: 0.1% m/m on and after January 01, 2015.
dd) An incinerator installed on board the ship on or after January 01, 2000 does not comply with requirements contained in Appendix IV to the Annex, or the standard specifications for shipboard incinerators developed by the IMO (Resolutions MEPC.76(40) and MEPC.93(45)). e) The master or crew members are not familiar with essential procedures regarding the operation of air pollution prevention equipment.
9. Areas under the STCW Convention
a) Failure of seafarers to have an appropriate certificate or to provide documentary proof that an application for an endorsement has been submitted to the competent authority;
b) Failure to comply with the applicable safe manning requirements of the competent authority;
c) Failure of navigational and engineering watch arrangements to conform to the requirements specified for the ship by the competent authority;
d) Absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radiocommunications or the prevention of marine pollution;
dd) Inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty;
e) Failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution.
10. Areas under the MLC Convention
a) Seafarers under the age of 16 working on board a ship;
b) Seafarers repeatedly working at night;
c) Employment of seafarers without valid certificates of medical fitness;
d) Employment agreements not signed by seafarers or containing terms and provisions contrary to seafarers entitlement provisions;
dd) Seafarers repeatedly working beyond maximum hours of work;
e) Accommodation, including catering and sanitary facilities, that is unhygienic or with missing or malfunctioning equipment;
g) Food and water insufficient for the intended voyage;
h) On-board medical chest failing to meet standards; no medical personnel on board as required by regulations;
i) Lack of certificate of financial security related to the shipowner’s liability;
k) Non-payment of wages over a significant period.
11. Areas under the BWM Convention
a) Absence of IBWMC Certificate, BWMP Certificate, or BWRB Certificate;
b) Indication that the ship or its equipment does not correspond substantially with the particulars of the IBWMC and BWMP;
c) Unfamiliarity of essential ballast water management procedures by the crew;
d) No ballast water management procedures implemented on board;
dd) No designated officer;
e) The ship’s non-compliance with the BWMP for management and treatment of ballast water (Standard D-1, D-2 or D-4);
g) Absence, serious deterioration or failure of proper operation of equipment required under the BWMP;
h) Failure to comply with sampling procedures;
i) Discharge of ballast water inconsistently with regulations of the Convention (Article A-2).
12. Areas which may not warrant a detention, but where cargo operations have been suspended
Failure of the proper operation of inert gas systems, cargo related gear or machinery should be considered sufficient grounds to stop cargo operations.
The lack of valid certificates as required by the abovementioned conventions may warrant the detention of ships. However, ships flying the flag of States not a Party to a convention are not entitled to carry the certificates provided for by the convention. Therefore, absence of the required certificates should not by itself constitute a reason to detain these ships. However, substantial compliance with the provisions and criteria specified in these procedures must be required before the ship sails.
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