Decision No. 51 2015 QD-TTg on regulations on search and rescue activities on inland waterways

No 23489 MULTILATERAL International Convention on maritime search and rescue, 1979 (with annex) Concluded at Hamburg on 27 April 1979 Authentic texts: Chinese, English, French, Russian and Spanish Registered by the International Maritime Organization on 27 August 1985 MULTILATERAL Convention internationale de 1979 sur la recherche et le sauvetage maritimes (avec annexe) Conclue Hambourg le 27 avril 1979 Textes authentiques : chinois, anglais, franỗais, russe et espagnol Enregistrộe par l'Organisation maritime internationale le 27 aoỷt 1985 Vol 1405, 1-23489 1985 United Nations Treaty Series Nations Unies Recueil des Traitộs 119 INTERNATIONAL CONVENTION ON MARITIME SEARCH AND RESCUE, 1979 The Parties to the Convention, Noting the great importance attached in several conventions to the rendering of assistance to persons in distress at sea and to the establishment by every coastal State of adequate and effective arrangements for coast watching and for search and rescue services, Having considered Recommendation 40 adopted by the International Con ference on Safety of Life at Sea, I960,2 which recognizes the desirability of co ordinating activities regarding safety on and over the sea among a number of inter governmental organizations, Desiring to develop and promote these activities by establishing an interna tional maritime search and rescue plan responsible to the needs of maritime traffic for the rescue of persons in distress at sea, Wishing to promote co-operation among search and rescue organizations around the world and among those participating in search and rescue operations at sea, Came into force on 22 June 1985, i.e., 12 months after the date on which 15 States had signed it definitively or deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General of the International Maritime Organization, in accordance with article V (I): Date of definitive signature (s) or of deposit of the instrument of ratification, acceptance (A) Date of definitive signature (s) or of deposit of the instrument of ratification, acceptance (A) Ulule or accession (a) State or accession (a) Algeria January 1983 a tion to the Cook Islands and Argentina 18 May 1981 a Niue.) Australia November 1983 a Norway December 1981 (With a declaration.)' Sweden 27 September 1982 a Barbados 25 July 1983 a United Kingdom of Great Belgium 28 February 1985 a Britain and Northern Ire Brazil 22 September 1982 a land 22 May 1980 s Canada 18 June 1982 a (With a declaration*** Chile October 1981 cerning Gibraltar and a dec Denmark 21 June 1984 laration of application to France April 1980i the Bailiwick of Jersey, the German Democratic Republic 22 April 1985 a Bailiwick of Guernsey, the Germany, Federal Republic of 21 January 1982 Isle of Man, St Christopher(With a declaration of applica Nevis-Anguilla, Belize, Ber tion to Berlin (West).)** muda, the British Virgin Japan 10 June 1985 a Islands and Hong Kong.) Netherlands July 1982 A United States of America 12 August 1980 New Zealand 26 April 1985 a (With a declaration of applica* See p 186 of this volume for the text of the declaration made upon accession ** See p 186 of this volume for the text of the declaration made upon ratification *** See p 187 of this volume for the text of the declaration made upon definitive signature In addition, the Secretary-General of the International Maritime Organization received notifications of decla rations made by the Governments of Belize, Chile, the Federal Republic of Germany, Saint Christopher and Nevis, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics For the text of the declarations see p 250 of this volume United Nations, Treaty Series, vol 536, p 456 Vol 1405, 1-23489 120 United Nations Treaty Series Nations Unies Recueil des Traitộs 1985 Have agreed as follows: Article I GENERAL OBLIGATIONS UNDER THE CONVENTION The Parties Công ty Luật Minh Gia www.luatminhgia.com.vn THE PRIME MINISTER Decision No 51/2015/QD-TTg dated October 14, 2015 of the Prime Minister on regulations on search and rescue activities on inland waterways Pursuant to the Law on Government organization dated December 25, 2001; Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004 and Law on amendments to the Law on Inland Waterway Navigation dated June 17, 2014; At the request of the Minister of Transport, The Prime Minister promulgates the Decision regulating search and rescue activities on inland waterways Chapter I GENERAL PROVISIONS Article Scope of adjustment This Decision regulates the organization of search and rescue on inland waterways, port waters, inland wharves, waters other than navigable channels, waters not yet managed and exploited for traffic transport; responsibilities of the National Search and Rescue Committee for directing search and rescue; responsibilities of the Ministry of Transport, People’s committees of centralaffiliated cities and provinces (hereinafter referred to as People’s committees of provinces), ministries, sectors and relevant organizations, individuals for presiding over and organizing search and rescue Article Subject of application This Decision applies to organizations and individuals at home and abroad in connection with search and rescue on inland waterways, port waters, inland wharves, waters other than navigable channels, waters not yet put managed and exploited for traffic transport; Article Interpretation of terms In this Decision, some terms are construed as follows: Vehicles operating on inland waterways, port waters, inland wharves, waters other than navigable channels, waters not yet managed and exploited for traffic transport (hereinafter referred to as vehicles) include inland watercraft, ships, military ships, public service ships, fishing ships and other vehicles as prescribed LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn Hot lines mean telephone numbers serving search and rescue activities round-the-clock Commander of search and rescue operations on inland waterways (hereinafter referred to as site commander) means a person who coordinates activities of search and rescue, keeps contact with agencies presiding over search and rescue operation and implements directions made by such agencies for search and rescue activities Agencies presiding over search and rescue activities on inland waterways (hereinafter referred to as search and rescue agencies) mean the agencies that are tasked with coordinating search and rescue activities on inland waterways Forces that organize search and rescue operation on inland waterways mean agencies, units affiliated to ministries, sectors and localities that carry out search and rescue activities, full time or part time, other organizations and individuals that participate in search and rescue operation at the request of search and rescue agencies or upon detecting natural disasters, catastrophe, and traffic accidents on inland waterways Particularly serious accidents on inland waterways mean accidents caused by collision or incidents resulting in the sinking of vehicles transporting oil or dangerous harmful chemicals; high risks of epidemic diseases to people and living environment; Article Principles of organizing search and rescue on inland waterways Information about natural disasters, catastrophe, and traffic accidents on inland waterways in need of search and rescue operation must be reported immediately to local authorities where the event takes place and search and rescue agencies Take the initiative in getting human force, vehicles and equipment ready for emergency responses within each area and nature of the event Guarantee information for emergency responses; make immediate reports to competent authorities upon finding the incident out of control of inland waterway search and rescue forces Command close cooperation with other forces in mobilizing the participation in search and rescue operation during the organization and implementation of search and rescue; Guarantee safety for people and vehicles taking part in search and rescue operation; for construction works and vehicles operating on the area where activities of search and rescue take place LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn Article Responsibilities of search and rescue agencies People’s committees of provinces shall preside over the organization of search and rescue on inland waterways within local administrative divisions The Ministry of Transport shall preside over and cooperate with ministries, sectors and localities in organizing search and rescue on inland waterways in case of particularly serious concerning two or more provinces; direct cooperation with search and rescue organizations in the area bordering two provinces in case of need National Search and Rescue Committee shall direct ministries, ...International Convention on Maritime Search and Rescue, 1979 (Hamburg, 27 April 1979) http://hh06b.8forum.net/ THE PARTIES TO THE CONVENTION, NOTING the great importance attached in several conventions to the rendering of assistance to persons in distress at sea and to the establishment by every coastal State of adequate and effective arrangements for coast watching and for search and rescue services, HAVING CONSIDERED Recommendation 40 adopted by the International Conference on Safety of Life at Sea, 1960, which recognizes the desirability of co-ordinating activities regarding safety on and over the sea among a number of inter-governmental organizations, DESIRING to develop and promote these activities by establishing an international maritime search and rescue plan responsible to the needs of maritime traffic for the rescue of persons in distress at sea, WISHING to promote co-operation among search and rescue organizations around the world and among those participating in search and rescue operations at sea HAVE AGREED as follows: Article I General obligations under the Convention The Parties undertake to adopt all legislative or other appropriate measures necessary to give full effect to the Convention and its Annex, which is an integral part of the Convention Unless expressly provided otherwise, a reference to the Convention constitutes at the same time a reference to its Annex Article II Other treaties and interpretation Nothing in the Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to resolution 2750(XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction No provision of the Convention shall be construed as prejudicing obligations or rights of vessels provided for in other international instruments Article III Amendments The Convention may be amended by either of the procedures specified in paragraphs and hereinafter Amendment after consideration within the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as the Organization): (a) Any amendment proposed by a Party and transmitted to the Secretary-General of the Organization (hereinafter referred to as the Secretary-General), or any amendment deemed necessary by the Secretary-General as a result of an amendment to a corresponding provision of Annex 12 to the Convention on International Civil Aviation, shall be circulated to all Members of the Organization and all Parties at least six months prior to its consideration by the Maritime Safety Committee of the Organization (b) Parties, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments (c) Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee on condition that at least one third of the Parties shall be present at the time of adoption of the amendment (d) Amendments adopted in accordance with sub-paragraph (c) shall be communicated by the Secretary-General to all Parties for acceptance (e) An amendment to an Article or to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or 3.1.3 of the Annex shall be deemed to have been accepted on the date on which the Secretary-General has received an instrument of acceptance from two thirds of the Parties (f) An amendment to the Annex other than to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or 3.1.3 shall be deemed to have been accepted at the end of one year from the date on which it is communicated to the Parties for acceptance However, if within such period of one year more than one third of the Parties notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted (g) THE PRIME MINISTER SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness - No: 12/QD-TTg Hanoi, January 06, 2017 DECISION ON APPROVAL FOR “SCHEME FOR DETERIMINATION OF DAMAGE, COMPENSATION AND ASSISTANCE IN BUSINESS RECOVERY AND SOCIAL SECURITY FOR MARITIME ENVIRONMENTAL INCIDENT - AFFECTED RESIDENTS IN HA TINH, QUANG BINH, QUANG TRI AND THUA THIEN HUE PROVINCES” THE PRIME MINISTER Pursuant to the Law on Government organization dated June 19, 2015; Upon request by the Minister of Agriculture and Rural development, HEREBY DECIDES: Article To approve the “scheme for determination of damage, compensation and assistance in production and social security for maritime environmental incident - affected residents in Ha Tinh, Quang Binh, Quang Tri and Thua Thien Hue provinces” which is specified as follows: A TARGETS Determine the severity and scope of damage, affected subjects and amount of compensation; give compensation to affected residents in maritime environmental incident-affected provinces Ensure the environment hygiene, community health and seafood safety Recover production and business, make a shift in occupations and ensure the social security Ensure the marine environment, recover and replenish aquatic resources and ecosystems as habitat for aquatic animals Effectively monitor, supervise and give warnings about marine environment in those provinces Ensure social order, safety and security B PRINCIPLES Declaration , statistics, assessment, compensation for damage and implementation of assistance policies shall be duly carried out in accordance with regulations of laws in the presence of affected residents , the community and the government ; ensure the fairness, openness, transparency and punctuality according to the reality, scope and severity of damage C SCOPE Ha Tinh, Quang Binh, Quang Tri and Thua Thien Hue provinces ( hereinafter referred to as “4 provinces”) D CONTENTS I EMERGENCY ASSISTANCE FOR RESIDENTS Emergency assistance policies shall be implemented as stipulated in the Prime Minister’s Decision No.772/QD-TTg dated May 09, 2016 and Decision No.1138/QD-TTg dated June 25, 2016 on emergency assistance for residents in Ha Tinh, Quang Binh, Quang Tri and Thua Thien Hue who are affected by mass aquatic animal death Give a price subsidy of 20% of the seafood market price to residents in Quang Binh province from April 30, 2014 to May 15, 2016 inclusive under the Prime Minister’s Directive No.432/TBVPCP dated December 25, 2016 II DETERMINATION OF DAMAGE AND COMPENSATION Affected entities a) In the field of catching - Owners and workers onboard ships, whether or not powered by engine of less than 90CV, who directly net on sea, estuaries and lagoons, have registered the permanent address and actually go catching in those provinces, suspending their catching activities to maritime accidents - Owners and workers onboard ships powered by main propulsion machinery of at least 90 CV whose their permanent address and ships are registered in one of such 04 provinces , actually operating in maritime environmental incident-affected sea from April 06,, 2016 to MINISTRY OF TRANSPORT SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 4224/QD-BGTVT Hanoi, December 29, 2016 DECISION ON THE PRICE SCHEDULE FOR CERTAIN NON-AVIATION SERVICES IN AIRPORTS AND AERODROMES IN VIETNAM MINISTER OF TRANSPORT Pursuant to the Law of Vietnam Civil Aviation dated June 29, 2006 and the Law on amendments to certain articles of the Law of Vietnam Civil Aviation dated November 21, 2014; Pursuant to the Price Law No 11/2012/QH13 dated June 20, 2012; Pursuant to the Government’s Decree No 177/2013/ND-CP dated November 14, 2013 on guidelines for the implementation of certain articles of the Price Law and the Government’s Decree No 149/2016/ND-CP dated November 11, 2016 on amendments to certain articles of the Government’s Decree No 177/2013/ND-CP; Pursuant to the Government’s Decree No 107/2012/ND-CP dated December 20, 2012 on the functions, missions, authority and organizational structure of the Ministry of Transport; Pursuant to the Circular No 36/2015/TT-BGTVT dated July 24, 2015 by the Minister of Transport on the management of domestic air transport service price and specialized aviation service price; At the request of the Head of the Department of Transportation, HEREBY DECIDES: Article This Decision is enclosed with the price schedule for certain non-aviation services in airports and aerodromes in Vietnam, which include: Lease of premises in a passenger terminal Lease of premises in a cargo terminal Basic essential services in a passenger terminal Article Service pricing The price schedule defined in this Decision (except the price schedule for basic essential services) does not include value added tax For non-aviation services provided in the sterile area of an international terminal: the service price is stipulated in US dollar (USD) Price display and payments for services shall be subject to the legislation on foreign exchange For non-aviation services provided in a domestic terminal and non-sterile area of an international terminal: the service price is stipulated in Vietnam Dong (VND) Prices and payments for services shall be displayed and made, respectively, in Vietnam Dong (VND) Article Effect This Decision comes into force as of January 01, 2017 Lessors shall review premises lease contracts in effect and expiring after January 01, 2017 to impose the price schedule defined in this Decision from the 01st of July 2017 Article Chief of Office of the Ministry, Chief Inspector of the Ministry, Head of the Department of Transportation, Head of the Civil Aviation Authority of Vietnam, heads of entities and individuals providing and using non-aviation services in airports and aerodromes in Vietnam are responsible for implementing this Decision./ MINISTER Truong Quang Nghia PRICE SCHEDULE CERTAIN NON-AVIATION SERVICES PRIME MINISTER - THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness - No 2185/QD-TTg Hanoi, November 14, 2016 DECISION ON APPROVAL FOR MASTER PLAN OF IMPLEMENTING NATIONAL SINGLE WINDOW AND ASEAN SINGLE WINDOW IN THE PERIOD OF 2016 - 2020 PRIME MINISTER Pursuant to the Law on Government organization dated June 19, 2015; Pursuant to the Law on Customs dated June 23, 2014; Pursuant to the Law on Information technology dated June 29, 2006; Pursuant to the Law on Electronic transaction dated November 29, 2005; Pursuant to Protocol on legal framework to implement ASEAN Single Window signed on September 4, 2015; Pursuant to the Government's Decree No 64/2007/ND-CP dated April 10, 2007 on application of information and technology in operation of regulatory agencies; Pursuant to Decision No 1899/QD-TTg dated October 4, 2016 on establishment of National Steering Committee for the ASEAN Single Window and National Single Window and facilitating trade; At the request of the Minister of Finance, HEREBY DECIDES: Article To approve the master plan of implementing National Single Window and ASEAN Single Window in the period of 2016 - 2020 as follows: I OBJECTIVES General objectives a) All of administrative procedures for state management in exported, imported, and transited goods; inbound, outbound persons and vehicles, and persons and vehicles in transits shall be conducted through National Single Window in the form of online public services level b) Participate and initiate adequate contents of ASEAN Single Window in line with commitments and road map of ASEAN member countries; ensure technological preparedness to communicate and exchange information with non-ASEAN trade partners in accordance with agreements to which Vietnam is a signatory 2 Specific objectives a) By 2018: - Complete the nationwide expansion of formalities applicable to vehicles and goods coming into and leaving seaports, inland ports, offshore oil terminals; formalities applicable to vehicles coming into and leaving airports through National Single Window - Initiate a number of administrative procedures with numerous transactions putting a significant impact on the operation of enterprises, organizations, and the people which are expected to reach at least 80% of total number of administrative procedures of line ministries and agencies relating to import and export of goods; entry, exit, and transit of people and vehicles b) By 2020: - Complete the initiation of all administrative procedures of line ministries and agencies in charge of import and export of goods; entry, exit, and transit of people and vehicles through National Single Window - Duration of release and clearance of goods, peoples, and vehicles relating to single-window administrative procedures is expected to equal that of top ... operation shall be subsidized according to laws Chapter II COMMUNICATION AND ORGANIZATION OF SEARCH AND RESCUE ON INLAND WATERWAYS Article Communication in search and rescue operation on inland waterways. .. within national inland waterways routes; Make annual reports to National Search and Rescue Committee on activities of search and rescue on inland waterways conducted by forces and vehicles belonging... where search and rescue operation on inland waterways takes place, on local and specialized inland waterways routes; Grant approval for plans for search and rescue drills on inland waterways; Article