Thông tư 43/2012/TT-BGTVT quy định yêu cầu kỹ thuật và bảo vệ môi trường đối với tàu thủy lưu trú du lịch ngủ đêm, nhà hàng, khách sạn nổi do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

STIPULATING ON TECHNICAL REQUIREMENTS AND ENVIRONMENTAL PROTECTION FOR THE SHIPS SUPPLYING SERVICES OF TOURIST ACCOMMODATION AND STAYING OVERNIGHT, THE FLOATING RESTAURANTS AND HOTELS

Pursuant to the Law on inland waterway navigation, of June 15, 2004;

Pursuant to the Government's Decree No. 36/2012/ND-CP, of April 18, 2012 stipulating functions, tasks, powers and organizational structure of Ministries, Ministerial-level agencies;

Pursuant to the Government's Decree No. 51/2008/ND-CP, of April 22, 2008 stipulating functions, tasks, powers and organizational structure of Ministry of Transport;

At the proposal of Director of Science and Technological Department and the Director of the Vietnam Regiter;

The Minister of Transport promulgates Circular stipulating technical requirements and environmental protection for the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular stipulates technical requirements and environmental protection in technical supervision, design, newly building, repair, re-equipping and in exploitation for the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels, operating on inland waterways

2. This Circular does not regulate floating restaurants with structure of the part sunk under water in form of rafts connected by craft measures.

Article 2. Subjects of application

This Circular applies to organizations, individuals doing activities relating to the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels.

Article 3. Interpretation of terms

Apart from terms stated in corresponding standards applied by the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels, in this Circular, the following terms are construed as follows:

1. The ships supplying services of tourism accommodation and staying overnight are means of inland waterway carrying tourists, having bedrooms, in their itinerary going to anchor for tourists staying overnight.

2. The floating restaurants are means of inland waterway carrying passengers, possessing certificate of business registration in floating restaurant servicing for eating and drinking on means without arrangement of bedrooms used as accommodation on such means.

3. The floating hotels are means of inland waterway carrying stayed tourists, having bedrooms, possessing certificate of business registration in hotel field, being permitted to anchor at a place on inland waterway and being able to move from this anchoring place to other anchoring place as necessary.

Chapter 2.

TECHNICAL REQUIREMENTS AND ENVIRONMENTAL PROTECTION

Article 4. Decentralization and technical supervision

The ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels being built of steel, aluminum, plastic made by glass fibers, wood, concrete with steel grid, reinforced concrete are decentralized and supervised technically in according to provisions for passenger ships in the General regulation Part of the specification on decentralization and building means of inland waterway TCVN 5801:2005 and provisions in corresponding standards which ships must apply.

Article 5. Materials

1. Materials as steel, aluminum, plastic made by glass fibers, wood, concrete with steel grid, reinforced concrete being used to build the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements on materials stated in corresponding standards which ships must apply.

2. From the effective day of this Circular, building of new ships supplying services of tourism accommodation and staying overnight, the floating restaurants or hotels made of woody materials or reforming of a ship with sheath made of wood having other utility into a ship supplying services of tourism accommodation and staying overnight, the floating restaurant or hotel are prohibited.

Article 6. Structure of ships and equiment

1. Structure of body of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements on structure of body of passenger ships with respect to each above-mentioned material in corresponding specifications which ships must apply.

2. Equipment of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in the part on equipment of the Specification on decentralization and building means of inland waterway TCVN 5801:2005 and requirements in corresponding standards which ships must apply.

Article 7. Engine system of ship

The engine system of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in the part on engine system of ship of the Specification on decentralization and building means of inland waterway TCVN 5801:2005 and requirements for engine system of ship in corresponding standards which ships must apply.

The hydraulically-transformed overland engines are not be used such as main engine of the ships supplying services of tourism accommodation and staying overnight from the effective day of this Circular. For ships being equipped hydraulically-transformed overland engines used as main engine of ships supplying services of tourism accommodation and staying overnight before the effective day of this Circular must change main engine in conformity with provisions in this Circular.

Article 8. Electric equipment

Electric equipment of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in the part on electric equipment of the Specification on decentralization and building means of inland waterway TCVN 5801:2005 and requirements for electric equipment stated in standards which ships must apply.

Article 9. Prevention, detection and combat of fire

1. Equipment for fire prevention, detection and combat of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements of Law on fire and explosion prevention, requirements stated in the part on fire prevention, detection and combat of the Specification on decentralization and building means of inland waterway TCVN 5801:2005 and requirements stated in standards which ships must apply.

2. There must be equipment of automatic fire-alarm in dwelling rooms, servicing rooms, engine rooms and control stations.

Article 10. The intact stability

1. The intact stability of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements for passenger ships stated in the part on intact stability of the Specification on decentralization and building means of inland waterway TCVN 5801:2005.

2. The safe coefficient (k) upon examining stability under the weather standard of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels as prescribed in TCVN 5801:2005 must be more than or equal 2.

Article 11. Division of compartments

1. Division of compartments of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in the part on division of compartments of the Specification on decentralization and building means of inland waterway TCVN 5801:2005.

2. Watertight horizontal walls are not permitted to arrange doors used for purpose of path to pass by between compartments. Compartments must arrange at least one door with size of 450mm x 600 mm to go down from main deck and have path ensuring to approach to all structures of body of ships. For ships made of metal, in special case, if on horizontal walls must open doors, such doors must ensure integrity on durability and watertight of horizontal walls. Doors must regularly close and have warning indicator of door-closing-and-opening situation in the control room.

3. If arranging hard buffers, buffers must be fixed with body of ships in order not to move during exploitation but there must be ability to examine structures at below of buffers as necessary.

Article 12. The dry side

The dry side of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in the part on dry side of the Specification on decentralization and building means of inland waterway TCVN 5801:2005.

Article 13. Safe equipping

1. Quantity and arrangement of salvage equipment of the ships supplying services of tourism accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements under provisions below:

a) The ships supplying services of tourism accommodation and staying overnight must equip rescue buoys, life-jackets being sufficient for 200% of number of persons on ships, in which 100% buoys being arranged in bedrooms and 100% of remaining buoys arranged in dining room, bar-rooms, working place for suitability. In addition, it must equip a quantity of buoys for children equal to 10% of customer quantity, quantity of round buoys not less than 8, in which it must have 4 buoys with heaving line; each ship side has 4 buoys, in which it must have 2 buoys with heaving line. Floating tools must have enough for 100% of number of persons on board.

b) Floating restaurants, floating hotels must equip rescue buoys, life-jackets being sufficient for 100% of number of persons on board and they must be arranged in bedrooms, dining rooms, bar-rooms in suitable way. Quantity of buoys for children is 30% of number of customers, quantity of round buoys not less than 8, in which it must have 4 buoys with heaving line; each ship side has 4 buoys, in which it must have 2 buoys with heaving line.

c) Apart from above requirements, equipping rescue for the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels still must satisfy requirements stated in chapter 1 part 10 – safety equipping of the regulation on decentralization and building means of inland waterway TCVN 5801:2005. If characteristics in arrangement of ship cause difficulties in access with buoys for rescue, quantity of rescue buoys must be increased comparing to above provision.

2. Traffic signs

a) Traffic signs of the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must be suitable with provisions of Law on traffic by inland waterway and requirements stated in the part of safety equipping of the regulation of decentralization and building means of inland waterway TCVN 5801:2005.

b) Technical requirements of equipping signs must satisfy requirements stated in regulation of technical standard of signs on means of inland waterway promulgated together with the Decision No. 30/2004/QD-BGTVT, of December 14, 2004 of the Ministry of Transport.

3. Equipping devices for traveling on river

Equipping devices for traveling on river of the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in part of safety equipping of Regulation on decentralization and building means of inland waterway TCVN 5801:2005.

4. Equipping for rescue from shipwreck

a) Equipping for rescue from shipwreck of the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in part of safety equipping of Regulation on decentralization and building means of inland waterway TCVN 5801:2005.

b) Holds must have automatic devices to warn level of water at bilge. Devices to warn level of water at bilge must create warning by sound and light at cabin when level of water at bilge reach 300 mm in any circumstance.

5. Equipping for rooms

a) Equipping for dinning rooms of the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in the part of safety equipping of Regulation on decentralization and building means of inland waterway TCVN 5801:2005; if using windows glazed as escape route, it is required to equip hammer to break glass in necessary cases. The windows used as escape route must have size not less than of 400 mm x 400 mm.

b) Equipments of rooms and other decorating things on the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must be fixed, unmovable in all weather conditions.

c) The public areas must have at least 2 escape route which is arranged in opposite together, these routes must ensure not be jammed when happening malfunction. The escape routes from normal public areas must have a quick-release structure and ensure the following requirements:

- The structures are arranged at height of between 760 mm and 1120 mm;

- The force impacting on the opening structure is required to not exceed 67 N;

- There is no any structure of lock, screw located or structure that prevent opening of window when impacting on the opening structure.

d) In living rooms, public rooms, the escape diagram, instructions on using of rescue equipments must be laid in apparent places.

6. Equipping to protect for seafarers, passengers

a) Equipping to protect for seafarers, passengers of the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must satisfy requirements stated in the part of safety equipping of Regulation on decentralization and building means of inland waterway TCVN 5801:2005 and in regulations to which ships must apply.

b) On the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels, it is required to equip:

- The radio system to inform emergency cases for passenger via to each separate room. This system must inform in both Vietnamese and English (in case having international passengers);

- The devices indicating and warning emergency circumstances by sound and light.

c) On corridors of the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must have devices leading direction to the escape routes by light or luminescent indicator ranges for passengers to indentify in all circumstances.

d) Doors on the escape direction must be opened without use of keys when moving according to the escape direction.

Article 14. Requirements on environmental protection

1. The ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels during operation on the inland waterway must comply with regulations on discharging waste and water mixed with oil as prescribed in National Technical Regulation on norm to prevent pollution caused by means of inland waterway QCVN 17:2011/BGTVT and other regulations on environmental protection on inland waterway.

2. Apart from provisions in clause 1, equipping of devices preventing pollution on the ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must comply with the following requirements:

a) Equipping to prevent pollution by oil

- The ships supplying services of tourist accommodation and staying overnight, that being assembled with diesel engines, not distinguish main or auxiliary one, if having capacity more than 220 kW, they must be equipped devices for oil and water separation of 15 part per million and dirty-oil tank. The devices for oil and water separation of 15 part per million must ensure that any mixture of oil and water after passing the filter system, will have the oil content not more than 15 part per million.

- The devices for oil and water separation of 15 part per million must have approved design, be tested during manufacture, assembly and use.

b) Equipping to prevent pollution by sewage

- The ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must be equipped device to treat sewage or sewage tanks for forwarding to receipt place for processing.

- The equipment for sewage treatment must satisfy National technical regulation on living sewage and have approved design, be tested during manufacture, assembly and use.

c) Equipping to prevent pollution by garbage

The ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must be equipped devices containing garbage in order to forward to receipt place.

Chapter 3.

IMPLEMENTATION PROVISIONS

Article 15. The responsibilities of organizations, individuals

1. The Vietnam Register, which is state management agency on register of means of inland waterway, shall organize implementation of this Circular.

2. Owners of means, design units, facilities built new, repaired, modified, operators of ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels must comply with provisions of this Circular.

3. For ships supplying services of tourist accommodation and staying overnight, the floating restaurants and hotels that existed before the effective day of this Circular, owners of means shall modify, re-equip in according to the following time, from the effective day of this Circular:

- The provisions in Article 4 must be implemented in duration not exceeding 24 months;

- The provisions in clause 1 article 13 must be implemented in duration not exceeding 03 months;

- Other provisions in this Circular must be implemented in duration not exceeding 12 months.

In special cases, the Ministry of Transport may consider to prolong time for implementation.

Article 16. Effectiveness

This Circular takes effect on May 01, 2013.

Article 17. Organization for implementation

The Chief of the Ministry Office, the Chief Inspector of Ministry, Directors General of Authorities of: The Vietnam Register, Vietnam inland waterway, Directors General of Departments of the Ministry of Transport. Directors of Transport Services, heads of relevant agencies, organizations and individuals shall implement this Circular.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn