Recommendations to enhance port state control in quang ninh port area

LIST OF ABBREVIATIONSPSCO Port State Control Officer IMO International Maritime Organization ILO International Labor Organization MLC Maritime Labor Convention Tokyo – MOU Memorandum of

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[ CITATION Shi15 \l 1033 ] Viet Nam is implementing policy to trade with many foreign countries and that is the reason whythe 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[ CITATION Out14 \l

1033 ] 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

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, andher 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 ofMarine 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!

TABLE OF CONTENTS

PREFACE i

ACKNOWLEGEMENT ii

TABLE OF CONTENTS iii

LIST OF ABBREVIATIONS vi

LIST OF TABLES vii

LIST OF FIGURES viii

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

LIST OF ABBREVIATIONS

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 RegionAPCIS Asia Pacific Computerized System

SOLAS International Convention for the Safety of Life at Sea

LOADLINE International Convention on Load Lines 1966 and Protocol

1988MARPOL International Convention for the Prevention of Marine

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

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

1969COLREG 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

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 andmore 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.[ CITATION Gen15 \l 1033 ]

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 somemain 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 ofPSC, 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.[ CITATION Gen05 \l 1033 ] 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 enhancePort 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 Nations specialized agency with responsibility for marine safety, marine security and marine environmental protection IMO’s main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.[CITATION Int3 \l 1033 ] 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 shipswhich 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 examineforeign 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[ CITATION Org15 \l

1033 ]

- 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.[ CITATION MOU152 \l 1033 ]

- 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.[ CITATION MOU151 \l 1033 ]

- 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 andNevis, Saint Lucia, St Vincent and Grenadines, Suriname, Trinidad, Tobago,Turks Island and Caicos.[ CITATION Car \l 1033 ]

- 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.[ CITATION Med15 \l 1033 ]

- India Ocean Region – India Ocean MOU which was adopted in June 5th 1998and has 19 members: Djibouti, Eritrea, India, Iran, Kenya, Maldives,

Mauritius, Mozambique, Seychelles, South Africa, Sri Lanka, Sudan,

Tanzania, Yemen.[ CITATION Ind15 \l 1033 ]

- 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.[ CITATION Abu15 \l 1033 ]

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

[ CITATION Bla15 \l 1033 ]

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

5 members: Bahrain, Arabic, Oman, Saudi Arabia, Qatar, Kuwait

[ CITATION Riy15 \l 1033 ]

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 ofTokyo 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.[ CITATION Tok15 \l 1033 ]

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

Administration takes responsible for implementing as a member under the

supervision of IMO and ILO Currently, Viet Nam deployed PSC at 13 Marine Administration.[ CITATION Vie13 \l 1033 ]

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 controlsafe 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 [ CITATION Por03

\l 1033 ]

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.[ CITATION CLE12 \l 1033 ]

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

[ CITATION Def131 \l 1033 ]

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.[ CITATION Ins15 \l 1033 ]

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.[ CITATION Def132 \l 1033 ]

1.1.2.8 Port State Control Officer

According to Regulation 1.7.7 of Resolution A.1052(27):” PSCO acts as a proxy forGovernment 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,

4 The International Convention on Standards of Training, Certification and Watchkeeping for

Seafarer,1978 (STCW 78/95)

IMO

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

6 The International Regulations for Preventing Collision at Sea, 1972 (COLREG 72) IMO

7 The Convention of International Labor Organization No 147 about minimum standards,

1976

ILO

8 Convention of United Nation about marine law, 1928 UN

9 Document about “ Port State Control Agreement at port between countries in the Asia – Pacific are

10 Direction of Asia – Pacific Port State Control

( Asia – Pacific Port State Control Manual)

Tokyo MOUSecretariat)11

Resolution A.787 (19), Supplementary

Resolution A.882 (21) about process, procedure

12 Maritime Labor Convention (MLC 2006) ILO

[ CITATION Asi14 \l 1033 ]

1.2.1.1 International Convention 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.[ CITATION Int74 \l 1033 ]

Regulation XI/4 SOLAS 74 – Port State Control on operational requirements, a shipwhen 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.[ CITATION Int741 \l 1033 ]

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.[ CITATION Int66 \l 1033 ]

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.[ CITATION Mar \l

1033 ]

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.[ CITATION Int \l

1033 ]

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 offshoreterminal 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 essentialshipboard process relating to prevention of pollution by oil, by noxious liquid substances, by harmful substances or garbage.[ CITATION Int73 \l 1033 ]

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.[ CITATION Int1 \l 1033 ]

1.2.1.5 International Convention on Tonnage Measurement of Ships,

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.[ CITATION Int72 \l 1033 ]

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.[ CITATION Mar06 \l 1033 ]

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:[ CITATION Mar061 \l 1033 ]

- 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 16

th/ 2004 of National Assembly about Traffic Inspection’s

organization and activity

Government

3 Decree 71/2006/NĐ/CP, July 25sea port management and navigable partyth/ 2006 about 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 24

th/1998, Viet Nam Maritime Administration about the

implementation of Port State Control

Viet Nam MaritimeAdministration

6 Document 1949/CHHVN – TTATHH, December14th/ 1998 of Viet Nam Maritime Administration

about the implementation of Port State Control

Viet Nam MaritimeAdministration

7 Decision 70/2005/QĐ – BGTVT December 16th/

2005 Minister of Transport about organization, Ministry of Transport

function and authority of marine inspection

8 Document 1378/PSC, August 20marine safety inspection about Port State Controlth/ 1999 of Inspection OfficeMarine Safety &[ CITATION Por15 \l 1033 ]

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.[ CITATION Gen13 \l 1033 ]

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

[ CITATION Qua \l 1033 ]

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 LongDistrict, 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 shippingactivities 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 tothe 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;

To perform PSC inspections;

To propagate, disseminate, inspect and supervise the implementation of maritime laws

[ CITATION Qua1 \l 1033 ]

2.2.1.3 Organizational Structure

[ CITATION Org \l 1033 ]

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

y Direct or

Deput

y Direct or

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 whoimplement PSC mainly The following table shows the name and main duties of these 04 PSCO

Quang Ninh Maritime Administration

Marine Safety & Inspection Division

Port State Control Officers

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’smeetings

- 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 recommendship 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

[ CITATION Hoa14 \l 1033 ]

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.

3 GMDSS Equipment Transmitting and Receiving Equipment, Radar Transponders, Radio Publications,

etc

4 Safety in General – OperationalRequirements 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 Oil Water Separation System, Oil

( Annexes I, II, III, IV, V) Residues, Oil Record Book, etc.

10 Accommodation – Working andLiving Conditions Food storage is adequate

( Conv 147/Convs,68, Article 5), etc

11 STCW Requirements Safe manning document on board?

( SOLAS V/13), etc

12 ISM Requirements ISM certification on board (DOC/SMC),etc.

13 Ship Security Security Plan, Restricted areas, etc

14 Bulk Carriers Cargo Booklet, Loading/ Unloading Plan,etc.

15 Mooring Arrangements Ropes and Wires, Anchoring Devices, etc.

[ CITATION OnB14 \l 1033 ]

b Current PSC Procedure:

The scope of application: Port State Control Process at Quang Ninh Maritime Administration is applied for ships which arrive territorial water of Quang Ninh PortArea This process is set in International Conventions which Viet Nam participates in: The International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974);The International Convention on Load Lines 1966 and Protocol, 1998 (LOADLINE 66); International Convention for the Prevention of Marine Pollution from Ships

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:

Orde

Forms, Documents

Step 2

Director

Form 02 02

Form 02-03Form 02 -04Form 02 –05

- 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