Circular 01: Guidance on Organizing Maritime Accident Investigations

The entire process of organizing and investigating maritime accidents is carried out by the competent authority as stipulated in Clause 1, Article 12 of Circular 01/2020/TT-BGTVT Circular 01/2020/TT-BGTVT, specifically:

Illustrative image (source: internet)

- Upon receiving information about a maritime accident in the port water area under management, under permissible conditions, the Director of the Maritime Administration must dispatch a qualified specialist to the scene of the maritime accident and board the vessel to inspect the scene, examine the work positions, and collect necessary evidence for the investigation. When performing these tasks, a report must be made and witnessed, confirmed by an authorized person on the vessel, and ensure it does not affect the safe operation of the vessel. The person dispatched to the scene will be a member of the Maritime Accident Investigation Team established by the Director of the Maritime Administration.

- During the investigation of the maritime accident, if signs of a crime are detected, the Director of the Maritime Administration shall notify the competent investigative agency and transfer the related files, documents, and evidence of the maritime accident as requested by the competent investigative agency; before the transfer, the files and documents must be copied or photocopied to serve the maritime accident investigation; the transfer of files, documents, and evidence must be recorded in a handover report.

Note: For maritime accidents that other agencies also investigate according to their jurisdiction, the maritime accident investigation will still be conducted according to these regulations.

- The Vietnam Maritime Administration shall notify the maritime authorities of the flag State regarding the investigation of maritime accidents involving foreign vessels as prescribed in Clause 1, Article 2 of this Circular.

- The Director of the Maritime Administration is authorized to detain the ship for no more than five (05) days to collect evidence for the investigation. Detention beyond this period in case of an accident in the port water area shall be decided by the Director General of the Vietnam Maritime Administration based on the recommendation of the Director of the Maritime Administration, with an extension period not exceeding five (05) days; in the case of an accident occurring outside the port water area, the extension period of ship detention shall be considered and decided by the Minister of Transport based on the recommendation of the Vietnam Maritime Administration.

This Circular stipulates eight (08) steps of procedural implementation for investigating maritime accidents as follows:

1. Establish a Maritime Accident Investigation Team.

2. Develop a Maritime Accident Investigation Plan.

3. Prepare an estimated budget for the Maritime Accident Investigation.

4. Notify all parties concerned about the investigation process.

5. Interview crew members and witnesses; compile the collected information. If necessary, further inspections and interviews can be conducted to clarify any doubts.

6. Based on maritime legal provisions, analyze the collected information, including forensic conclusions on material samples and traces related to the maritime accident.

7. Draft the Maritime Accident Investigation Report and send it to the relevant parties for feedback as stipulated in Article 18 of this Circular.

8. Publish the Maritime Accident Investigation Report.

More details can be found in: Circular 01/2020/TT-BGTVT, effective from March 15, 2020.

Thu Ba

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