Recommendations to enhance Port State Control in Quang Ninh port area

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[ CITATION Shi15 \l 1033 ]. 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[ 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

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Recommendations to enhance Port State Control in Quang Ninh port area

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!

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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
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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.

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Recommendations to enhance Port State Control in Quang Ninh port area

LIST OF ABBREVIATIONS
PSC

Port State Control

PSCO

Port State Control Officer

DWT

Dead Weight Tonnage

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

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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

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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

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Recommendations to enhance Port State Control in Quang Ninh port area

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.[ 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 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
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Recommendations to enhance Port State Control in Quang Ninh port area


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.[ 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 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:

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Recommendations to enhance Port State Control in Quang Ninh port area

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.

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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 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[ 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 ]

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- 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 and
Nevis, 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 11 th
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 1998
and 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
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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.[ 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 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. [ CITATION Por03
\l 1033 ]

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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 ]
1.1.2.3 Deficiency
Non – compliance, discrepancy or deviation from the requirements of the relevant
instruments/ conventions.[ CITATION Def13 \l 1033 ]
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. [ CITATION Placeholder1 \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 for
Government which has port and is a member of Convention in order to implement
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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
No


Documents

Issuing Agencies

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 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
(Main Text of Memorandum)

Tokyo MOU

Direction of Asia – Pacific Port State Control

Tokyo MOU

( Asia – Pacific Port State Control Manual)

Secretariat)

10

11

Resolution A.787 (19), Supplementary
Resolution A.882 (21) about process, procedure
of Port State Control.

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IMO


Recommendations to enhance Port State Control in Quang Ninh port area

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 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.[ 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
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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 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.[ 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 ]
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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.
[ CITATION Int69 \l 1033 ]
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 23 rd, 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 ]

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-

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
No.

Documents

Issuing Agencies


1

Vietnamese Maritime Code, 2005
Decree 136/2004/NĐ – CP, June 16th/ 2004 of
National Assembly about Traffic Inspection’s
organization and activity
Decree 71/2006/NĐ/CP, July 25th/ 2006 about
sea port management and navigable party
Decision 57/2005/NĐ/CP – Ministry of
Transport , October 28th/ 2005 of Minister of
Transport about organization and activity of
Marine Administration
Statement 625/PCHH, March 24th/1998, Viet
Nam Maritime Administration about the
implementation of Port State Control
Document 1949/CHHVN – TTATHH, December
14th/ 1998 of Viet Nam Maritime Administration
about the implementation of Port State Control
Decision 70/2005/QĐ – BGTVT December 16th/
2005 Minister of Transport about organization,

National Assembly

2
3
4

5
6
7


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Government
Government
Ministry of Transport
Viet Nam Maritime
Administration
Viet Nam Maritime
Administration
Ministry of Transport


Recommendations to enhance Port State Control in Quang Ninh port area

function and authority of marine inspection
Document 1378/PSC, August 20th/ 1999 of
marine safety inspection about Port State Control

8

Marine Safety &
Inspection Office

[ 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


Pham Minh Thuy – GMA02

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Recommendations to enhance Port State Control in Quang Ninh port area

-

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
No.
Vietnamese
vessel
Vessel
Foreign
vessel
Cargo
Passenger

Unit

2010

2011

2012

2013


2014

Time

6.982

5.399

4.220

3.998

4.240

Time

3.285

3.410

3.249

3.140

2.819

Ton
TEU
Time


42.757.163
188.068
55.346

50.380.790
228.463
57.713

49.083.495
230.071
68.103

51.102.135
130.110
101.155

54.095.476
94.036
121.980

[ 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 Long
District, Quang Ninh City.
Pham Minh Thuy – GMA02


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Recommendations to enhance Port State Control in Quang Ninh port area

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;
To perform PSC inspections;
To propagate, disseminate, inspect and supervise the implementation of maritime

laws.

Pham Minh Thuy – GMA02

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Recommendations to enhance Port State Control in Quang Ninh port area
[ CITATION Qua1 \l 1033 ]

2.2.1.3 Organizational Structure

Direct
or
Deput
y
Direct
or

Deput
y
Direct
or

Cam Pha
Represe
ntatve
Mong
Cai
Represe

Maritm
ntatve
e safety
&
Inspect
on
Finance
Division
&
Account
ng
Personn
Division
el &
Adminis
traton
Port
Division
Manage
mnt
Division

Legislat
on
Division

Deput
y
Direct
or


[ 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
a. Organizational structure:
Ministry of Transportation

Viet Nam Maritime Administration

Pham Minh Thuy – GMA02

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Recommendations to enhance Port State Control in Quang Ninh port area

Quang Ninh Maritime Administration

Marine Safety & Inspection Division

Port State Control Officers

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.

Pham Minh Thuy – GMA02

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Recommendations to enhance Port State Control in Quang Ninh port area

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

Nguyen Tri Son

-

Pham Quang
Hung

Tran Van Thanh

-

Pham Minh Thuy – GMA02


Duties
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.
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
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.
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