From March 15, 2020, in which cases will maritime accident investigations be carried out?

According to regulations, maritime accident investigation is the determination of conditions, circumstances, causes, or potential causes of maritime accidents in order to implement effective measures to prevent and reduce similar accidents. Maritime accident investigation does not determine the responsibility or legal obligation of the parties, and maritime accidents must be investigated conformably, promptly, comprehensively, and objectively.

Illustrative image (source: internet)

Article 11 of Circular 01/2020/TT-BGTVT stipulates the conduct of maritime accident investigations in the following two cases:

- Serious and particularly serious maritime accidents must be investigated.

- Less serious maritime accidents may or may not be investigated at the discretion of the Director of the Maritime Administration. In the case of no investigation, the Maritime Administration must report to the Vietnam Maritime Administration.

Regarding the authority to investigate maritime accidents: The Director of the regional Maritime Administration is responsible for organizing the investigation of maritime accidents occurring in the seaport water areas under their management and other maritime accidents assigned by the Director of the Vietnam Maritime Administration.

However, in the case of a maritime accident occurring in the seaport water area, and the ship involved in the accident continues its journey to the designated anchorage in another seaport water area, the Director of the Vietnam Maritime Administration decides to assign the maritime accident investigation to the Maritime Administration where the accident occurred or where the ship is anchored. When the ship arrives at the designated anchorage within the management area, the Director of the Maritime Administration is responsible for immediately sending qualified personnel onboard to inspect the scene and collect evidence.

Furthermore, the Director of the Vietnam Maritime Administration decides to assign the investigation of maritime accidents occurring outside the Vietnam seaport water areas to an appropriate Maritime Administration.

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

Thu Ba

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