CIRCULAR

TRAFFIC CIRCULATION, ANTI-COLLISION AND RESTRICTION ON INLAND WATERWAYS NAVIGATION

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law amending and supplementing a number of articles of Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 30/2017/ND-CP dated March 21, 2017 on regulation on response to emergency, acts of god and search and rescue;

Pursuant to the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 on management of operation of inland waterway navigation;

Pursuant to the Government’s Decree No. 66/2021/ND-CP dated July 06, 2021 on elaboration of some Articles of the Law on Natural Disaster Management and Law on Amendments to some Articles of the Law on Natural Disaster Management and Law on Dikes.

Pursuant to the Decision No.18/2021/QD-TTg dated April 22, 2021 of the Prime Minister on natural disaster forecast, warning and information transmission and disaster severity levels;

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The Minister of Transport promulgates traffic circulation, anti-collision and restriction on inland waterways navigation

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for traffic circulation, anti-collision and restriction on inland waterway navigation.

2. This Circular applies to agencies, organizations and individuals related to traffic circulation, anti-collision and restriction on inland waterway navigation.

Article 2. Definitions

For the purposes of this Circular, the terms below are construed as follows:

1. Traffic circulation refers to acts of warning, guiding movement and mooring of vessels in disadvantaged situations to ensure safety and restrict traffic congestion.

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3. Restricted navigation channel refers to channel or channel segment whose width, depth, curvature radius, or bridge clearance is lower than width, depth, curvature radius, vertical bridge clearance, or horizontal bridge clearance respectively of a navigation channel of the same class.

4. Restriction on inland waterway navigation refers to navigation in an area without assurance about the operating conditions according to the technical level which is declared, or with potential for accidents in order to ensure the safety and minimize the traffic congestion on inland waterways.

5. Average traffic refers to the number of times that a vessel (ship, boat or barge) with a tonnage of over 10 tonnes crosses through the area within 24 hours. The average traffic is calculated in the latest 02 statistical years

Article 3. Cases that require traffic circulation

1. Conduct traffic circulation on inland waterways at black points, points that are potential for accidents in restricted navigation channel The position and criteria for black points, points that are potential for accidents shall comply with regulations of the Minister of Transport.

2. Conduct traffic circulation when constructing works crossing rivers, repairing, constructing works on inland waterways, extracting resources, dredging, removing obstacles, lifting up or launching on channel, channel protection corridors, port waters, landing stages, anchorages that affect safety of navigation.

3. Conduct irregular traffic circulation when any factor that affects safety of waterway works and navigation occurs, including:

a) Waterway traffic incidents or accidents that are potential for traffic congestion;

b) Obstacles on the channel, shoals causing traffic obstruction;

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4. At the request or guidance of the competent state agency.”

Article 4. Cases that require anti-collision

Organize watches for anti-collision when meeting the following requirements:

1. Conduct watches for anti-collision throughout the flood season according to the Decision No.18/2021/QD-TTg dated April 22, 2021 of the Prime Minister on natural disaster forecast, warning and information transmission and disaster severity levels;

2. Conduct watches for anti-collision at bridges, bridge assemblies that are old and weak without anti-collision pillars or bridges, bridge assemblies that are old and weak with anti-collision pillars without meeting the actual requirements and one of the following factors:

a) Curvature radius, or vertical bridge clearance or horizontal bridge clearance that is lower than values specified under respective technical regulations

b) Areas with unstable current with surface water velocity of ≥ 5 meters/second.

c) Areas with angled flow or vortex at the bridge piers.

Article 5. Methods of traffic circulation

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2. By 1 circulation station combined with inland navigation aids: routes with average traffic of over 150 vessels/24 hours, in case:

a) The remaining width of restricted navigation channel equals ≥ 1/2 of the channel width under the applicable regulations on technical levels and the length of restricted channel equals more than 200 meters and less than 500 meters;

b) The remaining width of restricted navigation channel equals < 1/2 of the channel width under the applicable regulations on technical levels and the length of restricted channel equals at most 200 meters

3. By 2 circulation stations at upstream, downstream sections combined with inland navigation aids: routes with average traffic of over 150 vessels/24 hours, in case:

a) The remaining width of restricted navigation channel equals ≥ 1/2 of the channel width under the applicable regulations on technical levels and the length of restricted channel equals at least 500 meters;

b) The remaining width of restricted navigation channel equals < 1/2 of the channel width under the applicable regulations on technical levels and the length of restricted channel equals more than 200 meters;

c) The remaining vertical bridge clearance of work crossing inland waterway equals ≤ 1/2 of the vertical bridge clearance under applicable regulations on technical levels

4. By 02 circulation stations at upstream, downstream sections combined with inland navigation aids:

a) Construction of works situated in navigation channels for longer than 5 days.

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5. By 03 circulation stations (at upstream, downstream and central sections) combined with inland navigation aids: cases specified in Point a, Clause 4 of this Article, routes with average traffic of over 150 vessels/24 hours and the vertical bridge clearance that equals ≤ 1/2 of the vertical bridge clearance under applicable regulations on technical levels

Article 6. Methods of anti-collision

1. By 01 anti-collision standing station at upstream section combined with inland navigation aids at bridges according to regulations of Article 4 of this Circular.

2. By 02 anti-collision standing stations combined with inland navigation aids at bridge assemblies according to regulations of Article 4 of this Circular.

Chapter II

CONTENTS AND TECHNICAL REQUIREMENTS FOR TRAFFIC CIRCULATION AND ANTI-COLLISION ON INLAND WATERWAYS NAVIGATION

Article 7. Contents of traffic circulation

1. Conduct traffic circulation by inland navigation aids:

a) Install signaling systems according to plans approved by the competent authority in order to guide vessels to travel in a safe manner.

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c) The vessels crossing across areas with traffic circulation shall comply with guidance of signaling systems that are installed at the areas

2. Conduct traffic circulation by circulation stations combined with inland navigation aids:

a) Deploy vessels, equipment, personnel and signaling systems according to plans approved by the competent authorities;

b) Manage and maintain circulation signaling systems according to regulations;

c) Guide vessels to travel, stop and anchor according to declared regulations in areas subject to traffic circulation.

d) Suppress, interfere and deal with vessels violating the regulations and causing traffic unsafe and disorder in circulated areas;

dd) Rescue in case of incidents, accidents and irregular scenarios that may lead to loss of safety in circulated areas.

e) Make rules of movement of vessels in circulated areas and submit the rules and measures for assurance about the safety of navigation to the competent authority for approval The contents of rules shall contain the safety conditions of vessels and equipment; professional certificates of operation; sizes and models of vessels; traffic flow of vessels; time of movement; other notes (if any);

g) Record and report according to regulations:

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Logbook used to record traffic circulation according to the form specified in Appendix II issued together with this Circular;

Logbook used to record information about vessels according to the form specified in Appendix III issued together with this Circular

Book used to record water levels according to the form specified in Appendix IV issued together with this Circular

Book used to record traffic according to the form specified in Appendix IV issued together with this Circular

Article 8. Technical requirements of traffic circulation

1. General regulations on signs:

a) Signs:

Information signs (consisting of unexpected danger signs, no passing signs, limited vertical clearance signs, limited depth signs, towage regulation signs, no parking signs, no U-turn signs and limited width signs and auxiliary signs) shall be attached to poles which are situated on land in stations in the upstream or downstream section.

Parking allowed signs shall be located on land in the middle of the waters where vehicles are allowed to park while waiting for channels to open (use buoys for restricting waters to locate the signs if locating the signs on land is not possible);

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Signaling buoys shall be attached on the channel in order to limit water area or navigation channel.

b) Order of installation of guiding signs shall be as follows: unexpected danger signs, towage regulation signs, no parking signs, no passing signs, limited vertical clearance signs, limited depth signs and limited width signs. The first sign must be at least 500 meters away from circulated areas to the upper course and lower course;

c) Poles carrying information signs must be situated at least 5 meters away from each other;

d) With respect to transport routes operate around the clock, signs must have signal lights as per the law.

dd) The installed signs shall comply with the National Technical Regulation on Inland Waterway Signs.

2. Traffic circulation signs:

a) The signaling system shall be placed at positions with good coverage, unobstructed vision and the following positions: The signaling system towards the upstream section shall be placed no more than 800 meters away from circulated areas. The signaling system towards the upper course shall be placed no more than 800 meters away from circulated areas. The signaling system towards the downstream section shall be placed no more than 500 meters away from circulated areas. The central signaling system must be placed no more than 200 meters away from construction sites in the upstream section;

b) Land signs: 02 signaling clusters shall be attached at each circulated position towards the upper and lower course, including: 01 set of no parking signs, 01 set of unexpected danger signs, 01 set of no passing signs; 01 set of no U-turn signs; 01 set of towage regulation signs (including one of the following signs: limited tow convoy information signs; limited tow convoy width information signs; limited tow convoy length information signs), 01 set of limited vertical clearance signs; 01 set of limited depth signs; 01 set of limited width signs;

c) Water signs: At least 02 pairs of navigation buoys shall be attached at each side towards the upper and lower course. If circulated areas are situated entirely within vicinity of a channel, utilize at least 4 buoys to restrict navigation channels. If circulated areas are situated on one side of a channel, utilize at least 2 buoys to restrict the waters or 2 buoys to restrict the navigation channel.

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a) Traffic circulation station shall be able to operate with ease, has good coverage and unobstructed vision and is placed in following positions: Circulation stations for traffic heading towards the upstream section must be placed no more than 800 meters away from circulated areas. Circulation stations for traffic heading towards the lower course must be placed no more than 500 meters away from circulated areas. Central circulation stations must be placed no more than 200 meters away from construction sites in the upstream section.

b) Land signs shall be placed according to regulations of Clause 2 of this Article. 01 set of movement control signs shall be added to land signs.

c) Water signs: If circulated areas are situated entirely within vicinity of a channel, utilize at least 4 buoys to restrict navigation channels. If circulated areas are situated on one side of a channel, utilize at least 2 buoys to restrict the waters or 2 buoys to restrict the navigation channel.

4. The position of signs specified in Clauses 1, 2 and 3 of this Article shall be adjusted in order to match actual conditions and not to overlap with existing signals in the areas.

5. Vessels and personnel at traffic circulation stations:

a) Each station must have at least 1 vessel with capacity of 33-90 horsepower (CV) and at least 1 speedboat with capacity of 25-90 horsepower. The arrangement for vessels shall be conform with each anti-collision area. In case of the estuary, the channel from the shore to the island, the channel that connects the islands, the channel of special technical regulations, the vessel with a larger capacity without excess of 150 CV (ships) and 200 CV (speedboats) may be arranged;

b) The planning of personnel on vessels shall comply with the applicable regulations of the Minister of Transport. The personnel for traffic circulation shall be assigned as follows (at least): Circulation commander (workers who are ranked 4 or higher; workers with the college degrees in waterworks, irrigation, traffic or degrees at higher level): 01 person/shift; standby employees in each station (workers who are ranked 3 or higher; workers with professional certificates in waterway management or workers with intermediate degrees in waterworks, irrigation, traffic or degrees at higher level): 02 people/shift; cooperative forces in each station (when necessary): 1 person/shift.

c) Regulations on the number of operating hours of vessels to conduct traffic circulation at the sites:

Main transport routes with special technical level, level I and level II: 2,0 hours/day;

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Waterway routes outside the above cases: 1,0 hour/day;

d) Other tools and equipment for 01 station (at least), including: 01 sign (name of the station, name of work, the implementing unit, contact phone number…); 01 set of megaphone; 01 signaling flag; 01 medicine cabinet; 01 walkie-talkies (telephone); 02 flashlights; 01 water level gauge; 01 binocular and emergency medical aids according to regulations. These tools and equipment shall be in good condition.

Article 9. Content of anti-collision

1. a) Deploy standing vessels, equipment and personnel to avoid collision, rescue and evacuate according to plans approved by the competent authorities;

2. Carry out contents specified in points c, d and dd of Clause 2 Article 7 of this Circular; evacuate and assist vessels passing areas upon potential risks of loss of safety, accidents; rescue and cooperate with other forces in rescue when the accidents occur.

3. Inform relevant agencies, organizations or passing vessels about locations subject to regular anti-collision, methods, contact details and functions of standing stations for anti-collision, evacuation and rescue.

4. Record and report according to regulations:

a) Shift schedule according to the form specified in Appendix IV issued together with this Circular

b) Logbook used to record information about watches for anti-collision according to the form specified in Appendix VII issued together with this Circular

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d) Book used to record water levels according to the form specified in Appendix IX issued together with this Circular

dd) Book used to record traffic according to the form specified in Appendix X issued together with this Circular

e) Certification record of rescue and support for vessels according to the form specified in Appendix XI issued with this Circular.

Article 10. Technical requirements of anti-collision

1. Standing stations for anti-collision

The standing station for anti-collision shall be located no more than 300 meters away from construction sites to the upper course section.

2. Standing signals for anti-collision

The position of standing signals for anti-collision shall comply with regulations specified in Clause 1, 2, 3 and 4 of Article of this Circular.

3. Standing vessels and personnel for anti-collision

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b) The planning of personnel on vessels shall comply with the applicable regulations of the Minister of Transport. The standing personnel for anti-collision, rescue shall be assigned as follows (at least): Standing commander for anti-collision (workers who are ranked 4 or higher; workers with the college degrees in waterworks, irrigation, traffic or degrees at higher level): 01 person/shift; standing employee for anti-collision (workers who are ranked 3 or higher; workers with professional certificates in waterway management or workers with intermediate degrees in waterworks, irrigation, traffic or degrees at higher level): 7 people/shift;

c) Regulations on the number of operating hours of vessels to conduct anti-collision at the sites:

Main transport routes with special technical level, level I and level II: 1,5 hours/day; in case of 3 factors or over specified in Clause 2, Article 4 of this Circular: 2,5 hours/day

Main transport routes with special technical level, level III and level IV: 1,0 hour/day; in case of 3 factors or over specified in Clause 2, Article 4 of this Circular: 2,0 hours/day

Waterway routes outside the above cases: 0,5 hour/day; in case of 3 factors or over specified in Clause 2, Article 4 of this Circular: 1,0 hour/day

d) Other tools and equipment for 01 station (at least), including: 01 standing station sign (name of the station, name of work, the implementing unit, contact phone number…); 01 set of megaphone/vessel; 01 signaling flag/vessel; 01 medicine cabinet; 01 walkie-talkies (telephone)/vessel; 02 flashlights; 01 binocular and emergency medical aids. These tools and equipment shall be in good condition.

Chapter III

REGULATIONS ON MAKING, SUBMISSION AND APPROVAL FOR PLAN AND FUNDING SOURCES FOR TRAFFIC CIRCULATION AND ANTI-COLLISION ON INLAND WATERWAY

Article 11. Making and approval for the plan for traffic circulation

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a) Vietnam Inland Waterway Administration shall make the annual or ad hoc plan; funding plan for traffic circulation and anti-collision on inland waterway in order to submit to the Ministry of Transport for approval;

b) The plan for traffic circulation on inland waterway shall be made according to the synthesis and evaluation of data, reports and proposals from the grassroots units in conformity with actual requirements;

c) The annual plan for traffic circulation shall contain information about circulated position; estimated funding; time and measures for circulation according to the form in Appendix XXI issued with this Circular ;

d) Order of making and approval for the annual plan for traffic circulation on the inland waterway.

On a yearly basis, according to requirements for assurance about the safety of inland waterway navigation, the Vietnam Inland Waterway Administration shall review, summarize, make plans and estimate funding for traffic circulation in the next year in order to submit to the Ministry of Transport for consideration and approval;

According to the list of traffic circulation approved by the Ministry of Transport, the Vietnam Inland Waterway Administration shall make, appraisal, approval for the plan for traffic circulation on inland waterway according to the plan approved by the Ministry of Transport and conduct according to regulations.

dd) In case of ad hoc adjustment or amendment to traffic circulation, the Vietnam Inland Waterway Administration shall submit the policies and the additional list to the Ministry of Transport for approval; summarize the adjusted and amended plans and submit to the Ministry of Transport for approval for implementation;

e) In case of construction and repair of works, the Vietnam Inland Waterway Administration or the local inland waterway management agency shall be authorized to consider and approve the plan for assurance about the safety of inland waterway navigation according to regulations.

2. Local inland waterway:

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Article 12. Making and approval for the plan for anti-collision

1. National inland waterway:

a) Vietnam Inland Waterway Administration shall make the annual plan and funding plan for watches for anti-collision on inland waterway in order to submit to the Ministry of Transport for approval;

b) The plan for anti-collision on inland waterway shall be made according to the synthesis and evaluation of data, reports and proposals from the grassroots units in conformity with actual requirements;

c) The annual plan for anti-collision shall contain information about anti-collision position; vessels; personnel; estimated funding; time and measures for anti-collision according to the form specified in Appendix XXII issued with this Circular;

d) Order of making and approval for annual plans for watches for anti-collision.

Annually, according to changes in meteorology, hydrology, currents, natural disasters, storms and floods, road and railway traffic infrastructure, traffic density on routes or requirements of the competent authorities for the purpose of response to incidents and natural disasters, assurance about the safety of inland waterway navigation; road and railway traffic, the Vietnam Inland Waterway Administration shall review, summarize, make plans and estimate funding for watches for anti-collision in the next year in order to submit to the Ministry of Transport for consideration and approval.

According to the plan for requirements approved by the Ministry of Transport, the Vietnam Inland Waterway Administration shall review the list of positions, make the plan for watches for anti-collision (including: anti-collision position; vessels; personnel; estimated funding; time and measures for anti-collision) and submit to the Ministry of Transport

According to the proposal of the Vietnam Inland Waterway Administration or the request of relevant agencies or the direction of the competent authority, the Ministry of Transport shall consider, assign tasks and approve the plan for watches for anti-collision in the next year's flood season by December 20th every year.

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dd) In case of ad hoc adjustment or amendment to watches for anti-collision, the Vietnam Inland Waterway Administration shall submit the policies and the additional list to the Ministry of Transport for approval; summarize the adjusted and amended plan and submit to the Ministry of Transport for approval for implementation;

e) In case of construction and repair of works, the Vietnam Inland Waterway Administration or the local inland waterway management agency shall be authorized to consider and approve the plan for assurance about the safety of inland waterway navigation according to regulations.

2. Local inland waterway:

Departments of Transport or local authorities authorized by the People's Committee of the province shall consider, approve plans for watches for anti-collision and implement the plan according to regulations on anti-collision on inland waterways (in case of irregular implementation due to natural disaster prevention, national security and defense and construction, repair).

Article 13. Funding sources for traffic circulation and anti-collision

1. Traffic circulation and watches for anti-collision:

a) Traffic circulation and watches for anti-collision on national inland waterway shall utilize frequent expenditures on economic activities of national inland waterway guaranteed by the central government budget and other funding sources according to regulations.

b) Traffic circulation and watches for anti-collision on local inland waterway shall utilize funding sources guaranteed by the local government budget and other funding sources according to regulations.

2. Traffic circulation and watches for anti-collision due to construction, repair works: Organizations and individuals commencing constructions or creating obstacles on inland waterway shall be responsible for paying expenses to organizations and individuals directly participating in traffic circulation and anti-collision.

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Chapter IV

REGULATION ON SUPERVISION, INSPECTION AND COMMISSIONING

Article 14. Supervision of traffic circulation and anti-collision

1. Requirements for supervision:

a) Provide supervision throughout the process of traffic circulation and anti-collision from the start of construction to the completion and commissioning of the work;

b) Provide supervision throughout the process of traffic circulation and anti-collision in accordance with the approved bid, technical instructions and regulations of contract;

c) Verify the contractor's declared capacity for traffic circulation and anti-collision in the approved bid and the contract, including: human resources, vessels, equipment, the quality system of management, occupational safety and environmental hygiene;

d) Inspect and supervise traffic circulation and anti-collision at the scene via the supervision system specified in Clause 2 of this Article and manage data in order to meet requirements for control, inspection, supervision and search for data

2. Requirements for the supervision system:

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b) Minimum specifications: the IP camera and surveillance cameras that meet IP68 standard shall display the time on the recording frame and GPS position;

c) Installation of equipment for supervision: Equipment for supervision shall be fixed in vessels; The position for installation of equipment shall ensure the maximum rotation angle, produce full, continuous and clear images of the contents of works of traffic circulation and anti-collision.

d) Storage images and data: the data and images recorded by cameras shall be stored throughout the process of traffic circulation, anti-collision and rescue; the videos, images shall be clear, capable of distinguish the process of implementation; the storage time shall be at least 01 month or at the end of month of commissioning.

3. Entitlement for inspection and supervision

a) The Vietnam Inland Waterway Administration or the local inland waterway management agency authorized by the Vietnam Inland Waterway Administration shall responsible for organization of periodical, regular and irregular inspection and supervision of traffic circulation and anti-collision on national inland waterways;

b) Department of Transport shall organize periodical, regular and irregular inspection and supervision of traffic circulation and anti-collision on local inland waterways;

Article 15. Inspection and commissioning of traffic circulation and anti-collision

1. Documents on inspection and commissioning

a) Decision on approval for the plan and estimate for traffic circulation and anti-collision;

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c) Bidding documents, bid envelop

d) Logbooks and operation books specified in Point g Clause 2 Article 7 and Clause 4 Article 9 of this Circular.

dd) Regulations on navigation for vessels crossing through circulated areas and anti-collision areas;

e) Report on the results of traffic circulation and anti-collision (monthly, quarterly and completion report), in which the number of time that vessels cross through the station; the number of time that vessels are guided and supported, vessels that obstruct navigation or vessels that fail to follow instructions causing loss of traffic safety, safety of bridge works shall be stated clearly.

g) Records of inspection and supervision (if any);

h) Record of commissioning of traffic circulation and anti-collision (if any);

2. Contents of inspection and commissioning

a) Signaling systems serving traffic circulation and anti-collision;

b) Personnel, vessels, operating hours and equipment for traffic circulation and anti-collision

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d) Evaluation of the quality of traffic circulation and anti-collision (according to records of inspection, system of books, reports, data and images, signals, vessels, equipment and traffic safety on the routes);

d) Logbooks, operation books and reports according to regulations;

e) Vessels, equipment and personnel according to the approved plans;

g) Signaling systems serving traffic circulation and anti-collision according to the approved plans;

h) Results of the plans for traffic circulation and anti-collision;

i) Ad hoc inspection of traffic circulation and anti-collision;

3. Components and specification of documents on commissioning

a) Site handover (including: other contents that involve traffic circulation and anti-collision (if any)). Make record of result of site handover according to the form specified in Appendix XII issued together with this Circular

b) Inspection and commissioning of deployment of vessels, equipment and personnel. Make record of result of commissioning of deployment of vessels, equipment and personnel according to the form specified in Appendix III issued with this Circular.

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d) Monthly commissioning. Make record of result of monthly commissioning according to the form specified in Appendix XV, XVI issued together with this Circular

dd) Quarterly commissioning refers to the synthesis of results of monthly commissioning in a quarter. Make record of result of quarterly commissioning according to the form specified in Appendix XVII, XVIII issued together with this Circular

e) Completed commissioning refers to the synthesis of results of monthly and quarterly commissioning in a year. Make record of result of completed commissioning according to the form specified in Appendix XIX, XX issued together with this Circular.

4. Time of commissioning

Conduct commissioning in each stage and after the completion of the time for traffic circulation and anti-collision.

Chapter V

REGULATIONS ON DECLARATION AND HANDLING OF RESTRICTION ON INLAND WATERWAYS.

Article 16. Cases of restriction, entitlement for declaration of restriction and procedure for declaration of restriction on inland waterway navigation.

The cases of restriction, entitlement for declaration of restriction and procedure for declaration of restriction on inland waterways shall comply with regulations of Article 40 of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government on management of inland waterway navigation.

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1. Contents of restriction on inland waterway navigation.

a) Vessels: restrictions on the type and size of vessels, vessels crossing through the narrow channels with obstacles or size of navigation channels;

b) Normative limitations of navigation channel: restriction on a part of length, width, vertical clearance, curvature radius that are smaller than values specified by respective technical regulations of navigation channel or one-way traffic in case of obstacles, construction, drills, sports, festivals, entertainment, practice, vocational training, market gathering or craft villages;

c) Channel prohibition: prohibition on navigation for a certain period of time in case of obstacles (vessel sinking, traffic accidents, obstacles on the channel that must be salvaged), construction, natural disaster prevention, rescue, national defense, congestion that affect the entire navigation channel

2. The competent agencies shall declare the contents, time and scope of restriction on inland waterway navigation on mass media and their websites after identification of the contents of restriction on navigation according to regulations of Clause 1 of this Article.

3. The assurance about the safety of navigation for restricted locations according to measures specified in Article 5 of this Circular shall be carried out in the following cases:

a) In case of irregular restriction in an emergency situation (accidents, obstacles causing the danger to navigation on the channel, urgent operations serving national defense), selection for contractor shall be made in accordance with the Law on direct appointment of contractor.

b) In case of the planned restrictions that are different from cases specified in Point a of this Clause, the approved measures for assurance about the safety of navigation shall be taken according to regulations.

Article 18. Regulations on cooperation in rectifying consequences in case of sunken vessels or traffic infrastructure incidents

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2. The Vietnam Inland Waterway Administration shall direct, inspect and encourage rectification of consequences in case of sunken vessels or traffic incidents on national inland waterway.

3. Departments of Transport shall direct, inspect and encourage rectification of consequences in case of sunken vessels or traffic infrastructure incidents on local inland waterway.

4. Organizations and individuals owning sunken vessels or causing traffic infrastructure incidents shall be responsible for dredging vessels, removing obstacles caused by the incidents, recovering incidents within the deadline regulated by inland waterway management bodies. If the organizations and individuals fail to do so before the deadline, inland waterway management bodies shall dredge and remove the obstacles.

5. Organizations and individuals owning sunken vessels or causing traffic infrastructure incidents shall take all measures for preventing and minimizing environmental pollution, incur all expenditure on dredging, removing obstacles created by the sunken vessels and recovering incidents.

6. In case the sunken vessels affect inland waterway navigation or cause traffic infrastructure incidents but the owners of the vessels have not been identified, or without identifying the owners of vessels, the Inland Waterway Administration or the People's Committees of the provinces (according to decentralization) shall be responsible for search, rescue, salvage and clearance in order to ensure traffic safety by state budget under the direction of the competent authorities. After receipt of verdict of the competent court, organizations and individuals who involved accidents and incidents shall refund to the state budget.

7. While rectifying consequences of sunken vehicles or traffic infrastructure incidents, the inland waterway bodies shall be responsible for regularly and directly reporting to the superior managing bodies.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 19: Entry into force

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2. Circular No. 40/2010/TT-BGTVT dated December 31, 2010 of the Minister of Transport on traffic circulation and collision avoidance on inland waterways and Circular No. 30/2017/TT-BGTVT dated September 7, 2017 of the Minister of Transport on amendments to some articles of Circular No. 40/2010/TT-BGTVT dated December 31, 2010 shall be annulled

Article 20. Transitional clauses

The implementation of contracts for traffic circulation, anti-collision and restriction on inland waterway navigation which have been signed by the competent agencies or persons in accordance with regulations of the law before the effective date of this Circular shall be continued according to regulations until the expiry of the agreed term. Any case of amendments to contracts from the effective date of this Circular shall comply with regulations of this Circular.

Article 21. Implementation

1. Vietnam Inland Waterway Administration shall organize the implementation of this Circular.

2. Chief of the Ministry Office, Ministerial Chief Inspector, Directors, Director General of Vietnam Inland Waterway Administration, Directors of Departments of Transport and Heads of relevant agencies, organizations and individuals shall be responsible for the implementation of this Circular.

PP. MINISTER
DEPUTY MINISTER




Nguyen Xuan Sang

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