Recommendations to enhance port state control in quang ninh port area

Therefore, Quanh Ninh’s authority and Quang Ninh Maritime Administration have to control PSC tightly in order to ensure marine safety, marine security and marine environmental protection

Pham Minh Thuy – GMA02 Page i

PREFACE

Currently, globalization becomes a common trend in all over the world so trade activity between countries also is encouraged and Viet Nam isn’t exception Viet Nam joined many international organizations in order to encourage the trading activities with other countries such as WTO, ASEAN, etc In fact, 90% of cargo in all over the world is transported by ship(Shipping and World Trade, 2015) Viet Nam is implementing policy to trade with many foreign countries and that is the reason why the number of foreign ship which arrives Vietnamese port increases considerable The increase of foreign ship which arrives Vietnamese port leads to many consequence about safety, security and environment Quang Ninh is one of the region which plays important role in the development of marine economy in the North of Viet Nam beside Hai Phong The number of foreign ship which arrives Quang Ninh Port area rises significantly from 2010 – 2014(Output Statistics, 2010 - 2014) Therefore, Quanh Ninh’s authority and Quang Ninh Maritime Administration have to control PSC tightly in order to ensure marine safety, marine security and marine environmental protection As the result, I decide to choose the topic: “Recommendations to enhance Port State Control (PSC) in Quang Ninh port area”

I declare that this report is my own unaided work It has not been submitted before

If violated, I am solely responsible for and bear the punishments of the Institution and University

Student

Pham Minh Thuy

ACKNOWLEGEMENT

Firstly, I would like to express my sincere gratitude to my advisor Prof Hoang Thi Lich for the continuous support of my dissertation, her patience, her motivation, and her immense knowledge Her guidance helped me in all the time of research and writing of this thesis I could not have imagined having a better advisor and mentor for my study

Secondly, I also would like to express my sincere gratitude to the staffs of Marine Safety & Inspection Division, especially to Mr Tran Van Hieu – Deputy Manager

of Marine Safety & Inspection Division who created favorable conditions for time, equipment, document and guided me thoroughly to complete this dissertation

Although I have taken a hard effort and encouraged to complete this dissertation, the content of my dissertation still includes deficiency because of time and knowledge limitation Therefore, I hope that I can receive lecture’s additional suggestion to make my dissertation become more perfect

Thank you sincerely!

Pham Minh Thuy – GMA02 Page iii

TABLE OF CONTENTS

PREFACE i

ACKNOWLEGEMENT ii

TABLE OF CONTENTS iii

LIST OF ABBREVIATIONS v

LIST OF TABLES vi

LIST OF FIGURES vii

INTRODUCTION 1

CHAPTER 1: LITERATURE REVIEW 4

1.1 Overview of PSC 4

1.1.1 General information of PSC 4

1.1.2 Some definitions of PSC 6

1.2 Legal basis of PSC 8

1.2.1 International Documents 8

1.2.2 Vietnamese Regulations: 12

CHAPTER 2: PORT STATE CONTROL (PSC) IN QUANG NINH PORT AREA 13

2.1 Overview of Quang Ninh Port area: 13

2.1.1 Geographical location: 13

2.1.2 Terminals in Quang Ninh area: 13

2.1.3 Output statistics in 2010 – 2014: 13

2.2 PSC in Quang Ninh Port Area: 14

2.2.1 General information of Quang Ninh Maritime Adminiatration 14

2.2.2 PSC in Quang Ninh Port area: 16

2.3 Evaluation on PSC in Quang Ninh Port area 27

2.3.1 International Conventions and Vietnamese Regulations Compliance: 27

2.3.2 PSC Procedure Compliance: 28

2.3.3 Organizational structure and Human Resource: 29

2.3.4 The cooperation between Captain, ship-owner and PSCO 29

2.3.5 Working condition and working equipment: 30

2.3.6 Training courses 30

2.3.7 References: 30

2.3.8 Port State Control Officer (PSCO) 31

CHAPTER 3: RECOMMENDATIONS TO ENHANCE PORT STATE CONTROL (PSC) IN QUANG NINH PORT AREA 33

3.1 Improving organizational structure 33

3.2 Holding training courses and seminars regularly 33

3.3 Saving documents systematically 34

3.4 Improving PSCO ability 35

3.4.1 Defining specific PSCO’s responsibility and duty 35

3.4.2 Improving professional knowledge 37

3.4.3 Improving English Skill 37

CONCLUSION 38

REFERENCE 40

APPENDIX I: ASIA PACIFIC COMPUTERIZED INFORMATION SYSTEM

(APCIS)

APPENDIX II: DEFICIENCY ACTION CODES

APPENDIX III: COMMON DEFICIENCY WHICH WAS DISCOVERED BY PSCO AT QUANG NINH PORT AREA

Pham Minh Thuy – GMA02 Page v

LIST OF ABBREVIATIONS

PSC Port State Control

PSCO Port State Control Officer

IMO International Maritime Organization

ILO International Labor Organization

MLC Maritime Labor Convention

Tokyo – MOU Memorandum of Understanding on Port State Control in the

Asia – Pacific Region APCIS Asia Pacific Computerized System

SOLAS International Convention for the Safety of Life at Sea

LOADLINE International Convention on Load Lines 1966 and Protocol

1988 MARPOL International Convention for the Prevention of Marine

Pollution from ship 1973 and Protocols 1878 STCW International Convention on Standard of Training, Certification

and Watchkeeping for Seafarer 1978 TONNAGE International Convention on Tonnage Measurement of Ship

1969 COLREG International Convention for Preventing Collision at Sea

GMDSS Global Maritime Distress and Safety System

LIST OF TABLES

Table 1.1 International Documents 7 Table 1.2 Vietnamese Regulations 11 Table 2.1 Output statistics in Quang Ninh Port are in 2010 – 20014 13 Table 2.2 Duties of four main PSCO in Quang Ninh Maritime Administration 17 Table 2.3 PSC check list 18 Table 2.4 PSC result in Quang Ninh Port area in 2010 – 2014 23 Table 2.5 Deficiencies of specific ship 24

Pham Minh Thuy – GMA02 Page vii

LIST OF FIGURES

Figure 2.1 Quang Ninh Maritime Administration organizational structure 15

Figure 2.2 General PSC organizational structure 15

Figure 2.3 Current PSC Procedure of Quang Ninh Maritime Administration 20

Figure 2.4: Go in/ out foreign ship (time) in Quang Ninh Port area in 2010 – 2014 24

Figure 2.5: Number of ship inspected PSC in Quang Ninh Port area in 2010 – 2014 25

INTRODUCTION

1 Neccessitation:

Viet Nam locates at the west coast of the East Sea – a big and important ocean of the region and all over the world According to the Convention of United Nation about marine law in 1982, Viet Nam has not only continent which is quite narrow with S shape but also territirial water which is more than 1 million km2, triples mainland’s acreage Along the coast, it has more than 100 marine ports, 48 bays and more than 112 estuarys Viet Nam territorial water has more than 3000 islands with the acreage is appriximate 1636km2 and distribute mainly at northeast and southwest territorial water There are many islands which are famous, beautiful and have strategic location such as: Bach Long Vi, Phu Quoc, Con Son, Con Co, Phu Quy, Cat Ba, Hoang Sa, Truong Sa,etc.(General information of Vietnamese sea and islands, 2015)

Many years ago, sea always has close – knit relation with production activities and life of Vietnamese people In 21th century, like other countries, Viet Nam has being focused on the sea to enhance economic potential This is a judicios heading because Viet Nam has big potential to develop the economy Sea exploitation for economic development is promissing and plays an important role in social and economic development of Viet Nam

Viet Nam has big advantage because Viet Nam territorial water locates next to some main international marine lanes which includes the Strait of Malacca – most of ship

in all over the world go through this Strait every year Vietnamese coast is very close to marine lanes so it is very convenient for international trade Currently, most

of exporting, importing cargo and considerable cargo of Viet Nam are transported

by sealanes in East Sea In some other countries, the volume of cargo which is transported by sea is going to increase dramatically At this time, The East Sea in general and Viet Nam in particular will play imporant role in international trade; Viet Nam territorial water will become important connection in order to develop international trade and enhance trade activities and relation with other countries in the region and all over the world.Marine economic development which includes marine transport field is one of the most important factor to develop national economy

With the potential location, experience of production, business and significant marine service network, Quang Ninh has made prestige in marine market about marine port system ability It increases not only cargo but also turnover of ports

after changing the direction to container – products account for high density Quang Ninh also play considerable role in the marine development of nation However, with the opportunity, the risk of marine unsafe also rises

Port State Control is duty of countries which take part in Conventions of safe, security and marine environmental pollution from ship Port State Control is implemented in order to ensure that international Conventions are caried out carefully to enhance level of marine safety, marine security and marine environmental protection With the important role, the unification of PSC must be set up by the cooperation of countries which have sea In order to prove the effect of PSC, International Marine Organization encourages to implement PSC in small regions, issues many resolutions, directions and often supplement and modify Conventions to support countries

Awareness of the important of PSC, with responsibility be member of International Marine Organization and Tokyo MOU, Viet Nam has implemented PSC in all Marine Administration At Quang Ninh Maritime Administration, PSC activities was implemented in 2005.(General information of Quang Ninh Maritime Administration, 2005) However,PSC still has certain limitations In recent year, the number of serious marine accident increase considerably so Viet Nam must be raise marine safe, marine security and marine environmental pollution

Because of this problem, I decided to research topic “ Recommendations to enhance Port State Control (PSC)in Quang Ninh Port area”

2 Methodology:

Gathering related news and fingures

Analytical method: statistical method, descriptive method,etc

3 Research object:

To gather figures about PSC in Quang Ninh Port area

To evaluate and analyze PSC in Quang Ninh Port area

Recommendations to enhance PSC in Quang Ninh Port area

4 Research scope:

Ports in Quang Ninh area in the period 2010 – 2014

5 Research finding:

To define weak point of PSC in Quang Ninh Port area and recommendations to enhance PSC in Quang Ninh Port area

CHAPTER 1:LITERATURE REVIEW

1.1 Overview of PSC

1.1.1 General information of PSC

International Marine Organization (IMO) is a United Nationsspecialized agency with responsibility for marine safety, marine security and marine environmental protection.IMO’s main role isto create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented (Introduction to IMO) However, after a long time, IMO realized that PSC’s

implementation will not efficient without supervision and inspection Therefore, each region started to build Port State Control Agreement in order to eliminate ships which do not meet the standard in order to ensure marine safe, marine security and

marine environmental protection

In order to make compulsory legal basis of PSC, in international convention about marine safety and marine security and marine environmental protection, IMO and ILO have regulations of PSC The governments of nations which have port examine foreign ships to ensure that these ships implement international conventions about marine safety, marine security and marine environmental protection

There are 9 PSC organizations in all over the world:

- European and North Atlantic Region – Paris MOU which was signed in July 1th 1982 and has 21 members: Belgium, Canada, Croatia, Denmark, Finland, French, Germany, Greece, Ireland, Irish, Italy, Netherlands, Norway, Poland, Portugal, Russia, Spain, Sweden, United Kingdom(Paris Mou - Organization, 2015)

- Latin American Region – Vina del Mar MOU which was adopted in November 5th 1992 and has 13 members: Argentina, Brazil, Chile, Columbia, Cuba, Equador, Mexico, Panama, Peru, Uruguay, Venezuala.(MOU V d., 2015)

- Asia – Pacific Region – Tokyo MOU which was adopted in April 1st 1994 and has 19 members: Australia, Canada, Chile, China, Fiji, Hong Kong (China), Indonesia, Japan, Korea, Malaysia, New Zealand, the Russia Federation, Singapore, Thailand, Vanuatu, the Marshall Island, Papua New Guinea, Philippines and Viet Nam.(Tokyo MOU - Organization, 2015)

- Caribbean Region – Caribbean MOU which was adopted in February 9th

1996 and has 23 members: Anguilla, Antigua, Barbuda, Aruba, Bahamas, Barbados, Bermuda, British Virgin Island, Cayman Island, Dominica, Grenada, Guyana, Jamaica, Montserrat, Netherlands Antilles, Saint Kitts and Nevis, Saint Lucia, St Vincent and Grenadines, Suriname, Trinidad, Tobago, Turks Island and Caicos.(Caribbean MOU - Organization, 2015)

- Mediterranean Region – Mediterranean MOU which was adopted in July

11th 1997 and has 11 members: Algeria, Sip, Egypt, Ethiopia, Israel, Lebanon, Manta, Morocco, Tunisia, Turkey, Palestine.(Mediterrranean MOU - Organization, 2015)

- India Ocean Region – India Ocean MOU which was adopted in June 5th

1998 and has 19 members: Djibouti, Eritrea, India, Iran, Kenya, Maldives, Mauritius, Mozambique, Seychelles, South Africa, Sri Lanka, Sudan, Tanzania, Yemen.(India MOU - Organization, 2015)

- West and Central Africa Region – Abuja MOU which adopted in October

22nd 1999 and has 19 members: Benin, Nigeria, Congo, Gabon, Ghana, Guinea Conakry, Cote D’ivoire, Senegal, Sierra Leone, The Gambia, Togo.(Abuja MOU - Members, 2015)

- Black Sea Region – Black Sea MOU which was adopted in April 7th 2000 and has 6 members: Bulgaria, Rudi, Romany, Russia, Turkey, Ukraine.(Black Sea MOU - Members, 2015)

- Persian Region – Riyadh MOU which was adopted in June 30th 2004 and has

5 members: Bahrain, Arabic, Oman, Saudi Arabia, Qatar, Kuwait.(Riyadh MOU - Members, 2015)

Agreement of Port State Control in the Asia – Pacific Region (Tokyo- Mou)

Tokyo MOU (Memorandum of Understanding) is one of the most active regional port State Control (PSC) or organizations in the world Tokyo MOU is signed on December 1st, 1993 and became into force in March 1st, 1994 The main objective of Tokyo MOU is to establish an effective Port State Control regime in the Asia – Pacific region through co-operation of members and harmonization of their activities; to eliminate substandard shipping so as to promote marine safety; to protect the marine environment and to safe guard working and living conditions on board.(Tokyo MOU, 2015)

Viet Nam joined Tokyo MOU on January 1st, 1999 and Viet Nam Maritime

supervision of IMO and ILO Currently, Viet Nam deployed PSC at 13 Marine Administration.(Viet Nam Maritime Administration, 2013)

1.1.2 Some definitions of PSC

1.1.2.1 PSC definition:

Currently, Ship-owners tend to follow International Conventions However, there are still many ship-owners do not follow International Conventions because of profit As a result, many marine accidents continue happening because of some reasons such as: inadequate ship maintenance, lack of seafarer’s skill, experience as well as weakness management of flag states Therefore, it is necessary to set an examination system in order to ensure that International Conventions are implemented completely; not allow below standard ship to go to the sea to enhance marine safety, marine security and environmental pollution protection

Every nation has right to examine foreign ships which arrive their territorial water

in order to ensure that these ships meet the standard of IMO/ILO about marine safety, marine security and marine environmental protection This action is called Port State Control – PSC PSC is used like a tool for every nation in order to control safe standard, territorial protection from marine risk, marine pollution

According to the definition of IMO, Port State Control (PSC) is the inspection of

foreign ships in national ports to verify that the condition of the ship and its equipment comply with the requirements of international regulations and that ship is manned and operated in compliance with these rules.(Port State Control -

IMO, 2003)

1.1.2.2 Clear grounds

Evidence that the ship, its equipment or its crew do not correspond substantially with requirement of relevant convention or that the master or crew members are not familiar with essential shipboard procedures relating to the safety of ship or prevention of pollution.(Definition of marine terms related to PSC, 2013)

1.1.2.3 Deficiency

Non – compliance, discrepancy or deviation from the requirements of the relevant instruments/ conventions.(Definition of marine terms related to PSC, 2013)

1.1.2.4 Detention

Intervention action is taken by the port State in case of detainable deficiencies or substantial non – compliance to ensure that the ship does not sail until detainable deficiencies have been rectified (Definition of marine terms relate to PSC, 2013)

1.1.2.5 Inspection

A visit on board a ship to check both the validity of relevant certificates and other documents, and the overall condition of the ship, its equipment, its crew.(Definition

of marine terms relate to PSC, 2013)

1.1.2.6 More detailed inspection

An inspection conducted when there are clear grounds for believing that the condition of the ship, its equipment or its crew does not comply with the requirements of the relevant conventions The inspection may focus on one area or

be across various areas.(Paris MOU - Inspection types - More detained inspection, 2015)

1.1.2.7 Substandard ship

A ship whose hull, machinery, equipment or operational safety is substantially below the standards required by the relevant convention or whose crew is not conformance with the safe manning document.(Definition of marine terms relate to PSC, 2013)

1.1.2.8 Port State Control Officer

According to Regulation 1.7.7 of Resolution A.1052(27):” PSCO acts as a proxy for Government which has port and is a member of Convention in order to implement PSC and has to have diligent responsibility for duty” PSCO plays the most

important role in PSC

1.2 Legal basis of PSC

1.2.1 International Documents

Table 1.1 International documents

1 The International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974) IMO

2 The International Convention on Load Lines 1966 and Protocol, 1998 (LOADLINE 66) IMO

3

International Convention for the Prevention of

Marine Pollution from Ships 1973 and Protocol,

1878(MARPOL 73/78)

IMO

4

The International Convention on Standards of

Training, Certification and Watchkeeping for

Seafarer,1978 (STCW 78/95)

IMO

5 International Measurement of Ships, 1969 (TONNAGE 1969) Convention on Tonnage IMO

6 The International Regulations for Preventing

7

The Convention of International Labor

Organization No 147 about minimum standards,

Document about “ Port State Control Agreement

at port between countries in the Asia – Pacific are

(Main Text of Memorandum)

Tokyo MOU

10

Direction of Asia – Pacific Port State Control

( Asia – Pacific Port State Control Manual)

Tokyo MOU Secretariat)

11

Resolution A.787 (19), Supplementary

Resolution A.882 (21) about process, procedure

of Port State Control

IMO

12 Maritime Labor Convention (MLC 2006) ILO

(Asia - Pacific Port State Control Manual, Section 1: Legal Reference, 2014)

1.2.1.1 InternationalConvention for the Safety of Life at Sea, 1974 (SOLAS 1974)

Regulation I/19 – Control fix inspection process which allow Port State Control of Convention’s member states to check every ships when in a port of another Party in order to verify that the certificated issued by Convention’s rules are valid Such certificates, if valid, will be accepted unless there are clear grounds for believing

that the conditions of the ship or its equipment still meet the requirement of Convention In the other hand, if these certificates have expired or ceased to be valid, the Port State Control Officer has to carry out the control to ensure the ship will not sail until it can proceed to sea or leave the port for the purpose of proceeding to the appropriate repair yard without danger to others ships or person

on this ship Port State Control Officer has power to take next steps if PSCO has solid evident to ensure that ship’s condition and its equipment do not meet the requirements in certificates.(SOLAS, Regulation I/19, 1974)

Regulation XI/4 SOLAS 74 – Port State Control on operational requirements, a ship when in a port of another Contracting Government will be subjected to control by officers duly authorized by such Government concerning operational requirements

in respect of the safety of ships if there are clear grounds for believing that the master or crew are not familiar with essential shipboard process relating to the safety of ship.(SOLAS, Regulation XI/4, 1974)

1.2.1.2 International Convention on Load Lines 1966 and Protocol, 1998 (LOADLINE 66)

According to Article 21 – Control, when ships arrive to the port of contracting countries, every ship which hold certificates under the International Convention on Load Line have to be checked by officers duly authorized by such Contracting Government Government will ensure that such control is exercised as far as reasonable and practicable with a view to verify that there is on board a valid certificate under the present Convention If there is a valid International Load Line Certificate (1966) on board, such control will be limited to the purpose of determining that: the ship is not loaded beyond the limits allowed by the certificate; the position of the load line of the ship corresponds with the certificates; every required condition has to be obeyed In the cases of finding out deficiencies s, it will only be exercised in so far as may be necessary to ensure that the ship will not sail until it can proceed to sea without danger to the passenger or the crew.(LOADLINE

66, Article 21, 1966)

1.2.1.3 International Convention for the Prevention of Marine Pollution from Ships

1973 and Protocol, 1878 (MARPOL 73/78)

This is basic international Convention to prevent marine environmental pollution from operation and marine accident

According to Article 5 – Certificates and special rules on inspection of ships, a ship

is required to hold a certificate under the provisions of the regulation When a ship stays at port belongs to sovereignty of every member countries, this ship has to be controlled by officers duly authorized by that member countries.(Marpol 73/78, Article 5)

According to Article 6, Convention allows to check in order to ensure that the ship discharge matters which break the Convention’s requirements or not Members of Convention have to cooperate in order to discover breaches and force ships to implement Convention’s provisions by using suitable method which can control environment, enough reported process and necessary evident.(Marpol 73/78, Article 6)

According to Regulation I/8A, Regulation II/15, Regulation III/8, Regulation V/8 – Port State Control on operational requirements, a ship when in a port or an offshore terminal of another party is controlled to inspection by officers duly authorized by such party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or the crew are not familiar with essential shipboard process relating to prevention of pollution by oil, by noxious liquid substances, by harmful substances or garbage.(Marpol 73/78, Regulation I/8, Regulation II/15, Regulation III/8, Regulation V/8), 1973)

1.2.1.4 International Convention on Standards of Training, Certification and Watchkeeping for Seafarer, 1978 (STCW 78/95)

According to Article X – Control, every foreign ship arrived port or offshore terminal of another party has to be checked in order to verify that all seafarers serving on board who are required to be certificated by the Convention are so certificated or hold an appropriate dispensation Port State Control Officer can check to verify that seafarers have suitable certificates.(STCW 78/95, Article X)

1.2.1.5 International Convention on Tonnage Measurement of Ships, 1969(TONNAGE 1969)

Article XII of Convention requires that foreign ship has to be checked by officers duly authorized in order to verify that: ship has valid international tonnage measurement certificates; Ship’s characteristics are suitable Certificate’s data If the result illustrates that data in tonnage certificate is not correct to such an extent that

total capacity or useful capacity increase, the Ship’s flag state need to be informed.(Tonnage 1969, Article XII, 1969)

1.2.1.6 International Regulations for Preventing Collision at sea, 1972 (COLREG 72)

Although, the Convention does not have any provisions related to Port State Control, following provisions in the Convention will be basic so PSCO will base on this to examine if accident or incident occur.(COLREG 72, 1972)

1.2.1.7 Maritime Labor Convention (MLC 2006)

Maritime labor Convention 2006 (MLC) was adopted by International Labor Organization (ILO) at Geneva, Switzerland in February 23rd, 2006 and became into force in August 20th, 2013.(MLC, 2006, 2006)

Maritime Labor Convention is the fourth pillar of International Maritime Law with three others Conventions about Marine Safety, Marine Security and Marine Environmental Protection MLC set up minimum requirement which relate to working condition and living condition of seafarer and has main five contents:

- Minimum requirements of seafarer on board

- Seafarer recruitment condition

- Living area, recreational facilities, foodstuff of seafarer

- Health care service, social welfare for seafarer

- Convention implementation of seafarer

The fifth regulation of Convention stipulates:(MLC 2006, 5th Regulation, 2006)

- Each member state must have method to ensure that this state implement completely commitment about marine labor according to MLC by national law

- Each member state must set up a system of methods to implement Convention’s regulation which includes examination, report and conflict according to national law in order to complete national management role with flag state

- Each member state must ensure that ship which hang its flag have Marine Labor Certificate and follow this Convention’s regulations

- Ship which belong to this Convention has to be inspected by other states when ship arrive the port of these states in order to ensure that this ship follow the Convention or not

- Each member state takes responsible for implementing Convention’s regulations with recruitment service and replace seafarer of ships which belong to this state’s management

1.2.2 Vietnamese Regulations:

Table 1.2 Vietnamese Regulations

1 Vietnamese Maritime Code, 2005 National Assembly

2

Decree 136/2004/NĐ – CP, June 16th

/ 2004 of National Assembly about Traffic Inspection’s

organization and activity

Government

3 Decree 71/2006/NĐ/CP, July 25th

/ 2006 about sea port management and navigable party Government

4

Decision 57/2005/NĐ/CP – Ministry of

Transport , October 28th/ 2005 of Minister of

Transport about organization and activity of

Marine Administration

Ministry of Transport

5

Statement 625/PCHH, March 24th/1998, Viet

Nam Maritime Administration about the

implementation of Port State Control

Viet Nam Maritime Administration

6

Document 1949/CHHVN – TTATHH,

December 14th/ 1998 of Viet Nam Maritime

Administration about the implementation of Port

2005 Minister of Transport about organization,

function and authority of marine inspection

Ministry of Transport

8 Document 1378/PSC, August 20

th

/ 1999 of marine safety inspection about Port State Control

Marine Safety & Inspection Office (PSC Procedure of Quang Ning Maritime Administration, 2015)

CHAPTER 2:PORT STATE CONTROL (PSC) IN QUANG

NINH PORT AREA

2.1 Overview of Quang Ninh Port area:

2.1.1 Geographical location:

Quang Ninh is a north province of Viet Nam The North of Quang Ninh borders on the China with 118,8 km borderline, the East borders with Northern Gulf, the West borders Lang Son Province, Bac Giang Province, Hai Duong Province and the South borders Hai Phong City Quang Ninh Province has strategic location of politics, economic, military and foreign relations.Quang Ninh has more than 12.200 km2 which includes approximate 6.100 km2 land area and nearly 6.100 km2 sea areas Quang Ninh’s sea and island area has original terrain Quang Ninh has more than 2000 islands which account for 2/3 the total Vietnamese island and has 250km coastal line.(General information of Quang Ninh Provine, 2013)

2.1.2 Terminals in Quang Ninh area:

According to Decision No 540/ QD-BGTVT in 10th January, 2015 of Minister Transportation, there are 12 terminals in Quang Ninh area:

- Mui Chua Terminal

- Van Gia Terminal

- Cam Pha Coal Terminal

- Cam Pha Cement Factory Terminal

- Cai Lan General Terminal

- B12 Oil Terminal

- Ha Long Shipbuilding Factory Terminal

- Hon Gai Passenger Terminal

- Ha Long Cement Factory Terminal

- Thang Long Cement Factory Terminal

- Cai Lan Oil Terminal

- Cai Lan Terminal

2.1.3 Output statistics in 2010 – 2014:

Table 2.1 Output statistics in Quang Ninh Port area in 2010 – 2014

Vessel

Vietnamese

vessel Time 6.982 5.399 4.220 3.998 4.240 Foreign

vessel Time 3.285 3.410 3.249 3.140 2.819

Cargo

Ton 42.757.163 50.380.790 49.083.495 51.102.135 54.095.476 TEU 188.068 228.463 230.071 130.110 94.036 Passenger Time 55.346 57.713 68.103 101.155 121.980

(Quang Ninh Maritime Administration's annual report of output in 2010 - 2014)

2.2 PSC in Quang Ninh Port Area:

2.2.1 General information of Quang Ninh Maritime Adminiatration

Maritime Administration of Quang Ninh (MA Quang Ninh) is a state agency under Vietnam Maritime Administration (Vinamarine) in Quang Ninh province

Quang Ninh Maritime Administration locates at 10, Le Thanh Tong Street, Ha Long District, Quang Ninh City

2.2.1.1 Human resource:

05 Divisions

02 Representatives

Total 99 persons (including Director)

2.2.1.2 Major function and duty

To inspect and supervise foreign ships and domestic ships to ensure marine safety, marine security and marine environmental protection

To be a state agency performing the state management of maritime shipping in seaports and seaport waters;

To participate to plan for development of seaports of Quang Ninh and organize and supervise the implementation of approved plan;

To organize the implementation of regulations on management of maritime shipping activities in seaports and seaport waters including seaport channels, the system of navigation aids; supervise maritime shipping activities;

To grant permits, supervise seagoing vessels leaving, entering and operating in seaports;

To execute seagoing vessel arrest decisions issued by competent state agencies;

To search and rescue in seaport waters

To issue Seaman’s book; collect, manage and use assorted seaport dues according to the provisions of law

To organize maritime inspection, investigate maritime accidents occurring in seaports and areas under management of MA Quang Ninh;

To sanction administrative violations in the maritime sector;

(Organizational Structure , Quang Ninh Maritime Administration, 2012)

Figure 2.1: Quang Ninh Maritime Administration Organizational Structure

2.2.2 PSC in Quang Ninh Port area:

2.2.2.1 Organizational structure and human resource

Depu

ty Direc tor

Depu

ty Direc tor

Marine Safety & Inspection Division

Port State Control Officers Viet Nam Maritime Administration Ministry of Transportation

Figure 2.2 General PSC organizational structure

b Human resource:

Maritime Safety & Inspection Division belongs to Quang Ninh Maritime Administration This division takes responsible for Port State Control Quang Ninh Maritime Administration has 08 PSCO who are provided by Viet Nam Maritime Administration.Mr Tran Van Hieu, Mr Bui Duc Hien and Mr Le Van Duyen – 03 Deputy Managers of Marine Safety & Inspection Division may take part in PSC with these 04 PSCO according to the Manager’s decision Mr Hoang Van Hoan – Manager of Marine Safety & Inspection Division also sometimes participates in serious PSC case There are 04 staffs of Maritime Safety & Inspection Division who implement PSC mainly The following table shows the name and main duties of these 04 PSCO

Table 2.2 Duties of four main PSCO in Quang Ninh Maritime Administration

Nguyen Tri Son

- To update location of ships in Quang Ninh port area; to look up the ship’s information in order to recommend ship for inspection; to write “ Ship Inspection Dicision” according to Manager’s requirement and submit for Director

- To write monthly report, quarter report and annual reports

- To write Ship Inspection Diary; to send and update PSC documents into APCIS

- To receive, classify and save documents

Pham Quang

Hung

- To prepare form, document, statement for Division activity

- To form officers stationery for Manager

- To update documents of Vietnamese Ship Inspection into management network

- To manage Division’s assets

- To announce rectify mistake requirement for representatives which have ships suffer administrative violent punishment

Tran Van Thanh

- Update documents of Vietnamese Ship Inspection into management network with Mr Pham Van Hung

- To draft documents to offer Register Organization inspect and supervise when ship rectify deficiencies

- To be secretariat and write statement of every Division’s meetings

- To update telephone book and vehicle list which can take part in searching and rescuing in Quang Ninh port area

- To update Viet Nam Register Organization’s technical announcement and new regulations of International Conventions

- To translate documents form English to Vietnamese

Pham Minh Tien

- To look up the ship’s information in order to recommend ship for inspection with Mr Nguyen Tri Son

- To update documents of Vietnamese Ship Inspection into management network with Mr Pham Quang Hung and Mr Tran Van Thanh

- To receive, classify and save documents with Mr Nguyen Tri Son

- To download documents and send to Division’s e-mail box and save

- To supervise Division’s hygiene

(Human resource of Marine Safety & Inspection Division in Quang Ninh Maritime

Administration, 2014)

2.2.2.2 Content of PSC

a PSC check list:

Table 2.3 PSC check list

1 Certificates and Documents Register Certificates, Class Certificates,

Radio Station License, etc

2 Bridge & Navigation Equipment Nautical Publications, Nautical Charts,

Navigation Instrument, etc

Transmitting and Receiving Equipment, Radar Transponders, Radio Publications, etc

4 Safety in General – Operational

Requirements

Fire Control Plans, Instruction Manuals, Operating Instructions, etc

5 Lifesaving Appliances Lifeboats, Rescue Boats, Life Rafts, etc

6 Fire Fighting Arrangements Fire main, Hydrants, Fire Pump, etc

7 Hull and Machinery Condition Cargo Holds, Electric Cable

Arrangements, Light Covers, etc

8 Load Line Items Bulwarks, Handrails, Weather Tight

Doors, etc

9 MARPOL Requirements

( Annexes I, II, III, IV, V)

Oil Water Separation System, Oil Residues, Oil Record Book, etc

10 Accommodation – Working and

14 Bulk Carriers Cargo Booklet, Loading/ Unloading

1973 and Protocol, 1878(MARPOL 73/78); The International Convention on Standards of Training, Certification and Watchkeeping for Seafarer,1978 (STCW 78/95); International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 1969); The International Regulations for Preventing Collision at Sea,

1972 (COLREG 72);

Procedure Object: This procedure united order, implement method which is applied for PSC in Quang Ninh Port area

Procedure:

Forms, Documents

04 Form 02 –

Allowing ship to leave

Saving documents

Figure 2.3: Current PSC Procedure of Quang Ninh Maritime Administration

Step 1: Selecting ship

The selecting ship for PSC depends on the ship’s information which is updated in shipping procedure management network APCIS When choosing the ship, there are some data which have to be considered:

- Name of ship, nationality of ship, year of building

- Data in APCIS

Choosing priority ship to check has to depend on:

- Ship has risk level which is suitable to data in APCIS

- Ship belongs to list of ship which is captured many times in year

- Ship still exist deficiencies from previous inspection

After selecting ship for inspecting, PSCO write Ship Inspection Proposition (Form

02 – 01) and submit for Manager of Division, acts as a counselor for Director to issue Inspection Decision Document

Step 2: Deciding inspection

Director issues PSC Inspection Decision Document (Form 02 – 02)

Step 3: Inspecting

PSCO board a ship, show PSCO card for seafarer who is being on guard

PSCO examine the ship depend on provisions of International Conventions and Vietnamese law which relate to marine safety, marine security and marine environmental protection

If PSCO do not discover any deficiency, PSCO complete Examination Statement (Form 02 – 03) and finish examination

If PSCO discover deficiency, PSCO write Examination Statement (Form 02 – 03) and Examination Statement (Form 02 -04) If ship is captured, PSCO send Ship Capture Announcement (Form 02 – 05) for Register of Ship and Flag State

PSCO report inspection result for Director and Division’s leaderships after completing inspection