Maritime safety compliance is a critical cornerstone of Vietnam’s port operations, requiring careful attention to both international standards and local regulations.

1. Introduction

Maritime safety compliance is a fundamental aspect of port operations in Vietnam, requiring strict adherence to international standards and domestic regulations. Vietnam’s maritime industry has experienced significant growth, leading to increasing attention to safety compliance requirements across the port system. This guide provides a comprehensive overview of key aspects of maritime safety compliance, implementation challenges, and best practices in the industry. Additionally, with the advancement of digital technology and automation, integrating modern safety monitoring and management systems has become essential to enhancing efficiency and meeting increasingly stringent safety requirements. Moreover, ports not only face traditional maritime risks but must also address threats posed by climate change and other global factors. 

Close collaboration between regulatory agencies, businesses, and international partners plays a crucial role in establishing a safe and efficient maritime environment.

2. Regulatory Framework

International Maritime Organization (IMO) Standards and Conventions

• SOLAS (International Convention for the Safety of Life at Sea): This convention sets minimum safety standards for ships to ensure the protection of lives at sea.
• MARPOL (International Convention for the Prevention of Pollution from Ships): This convention establishes measures to prevent marine pollution from ships, including regulations on waste disposal and emissions.
• STCW (International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers): This convention ensures standardized training, certification, and watchkeeping requirements for seafarers to enhance workforce quality at sea.
• ISPS Code (International Ship and Port Facility Security Code): This regulation aims to strengthen security for ships and port facilities, establishing protective measures against security threats.
• ISM Code (International Safety Management Code): This code requires shipping companies to implement safety management systems to ensure safe and efficient operations.

Vietnamese Legal Documents:

Vietnam Maritime Code

Local port authority requirements

Relevant maritime decrees, including:

• Decree No. 58/2017/ND-CP detailing specific provisions of the Vietnam Maritime Code on maritime activity management.
• Decree No. 37/2017/ND-CP regulating business conditions for port operations.
• Decree No. 21/2012/ND-CP on port and maritime channel management.
• Circular No. 08/2021/TT-BGTVT issuing national technical regulations for seaports.

3. Key Implementation Challenges

According to Industry and Trade Magazine, Vietnam’s seaport system has achieved significant progress in capacity and transportation efficiency but still faces serious shortcomings. These include inconsistent port planning and fragmented investments leading to resource wastage, ineffective capital management, weak transport infrastructure and connectivity between ports, outdated information technology and handling equipment, as well as limited customs service quality and high clearance costs. This results in regional development disparities, making the port system fragmented and unable to meet the growing demands of international economic integration.

Additionally, as reported by the National Assembly Newspaper, despite numerous safety inspections, drills, and directives issued by the Vietnam Maritime Administration to enhance maritime safety and port security—facilitating trade and attracting international vessels—the safety system still faces critical challenges. In the context of regional and global instability, new threats such as unidentified vessel attacks on Vietnamese fishing boats, illegal intrusions into foreign ships, and pirate ransom demands have emerged. These issues indicate that while achievements have been made, ensuring port security remains an urgent priority requiring continuous improvement.

Ports face several critical challenges in maintaining safety compliance:

3.1 Resource Allocation

• Budget constraints for safety equipment and infrastructure: Many ports struggle to secure sufficient financial resources for investments, maintenance, and upgrades. Budget constraints can lead to outdated or non-compliant safety equipment. Although port authorities are responsible for ensuring adequate safety infrastructure investments, actual budget allocation remains a challenge.
• Personnel training and development needs: Many ports struggle to secure sufficient financial resources for investments, maintenance, and upgrades. Budget constraints can lead to outdated or non-compliant safety equipment. Although port authorities are responsible for ensuring adequate safety infrastructure investments, actual budget allocation remains a challenge.
• Maintenance of safety systems and equipment: Regular maintenance and upgrades are crucial to sustaining performance and reliability. Budget limitations and workforce shortages result in inadequate maintenance, increasing operational risks.

3.2 Technical Infrastructure

• Modernization of safety monitoring systems: Many ports still operate outdated monitoring systems that fail to provide real-time tracking and early warnings. Investment in modern digital monitoring systems is essential to improve safety management effectiveness. Circular No. 08/2021/TT-BGTVT establishes safety monitoring standards that need to be adopted.
• Integration of digital safety management platforms: Implementing digital solutions helps aggregate, analyze, and respond to safety data efficiently but requires significant investment in IT infrastructure and workforce training.
• Equipment upgrades and maintenance: Safety equipment must be periodically upgraded and maintained to ensure stable operations and minimize breakdown risks. However, funding shortages and inadequate maintenance planning pose major challenges for many ports.

3.3 Training and Certification

• Regular staff safety training programs: Conducting frequent safety and emergency response training is essential to ensure personnel stay updated with the latest knowledge and skills. Training requirements are mandated under international conventions such as STCW and enforced through the Vietnam Maritime Code and guidelines from the Ministry of Transport.
• Certification maintenance and renewal: Maintaining and renewing safety certifications for ships and ports is mandatory to comply with international and domestic standards, enhancing operational credibility and quality.
• Emergency response team preparation: Establishing and training emergency response teams enables ports to handle emergencies efficiently. This requires investment in personnel and infrastructure and is an integral part of safety management systems.

4. Evaluation and Issuance of Conformity Certificate under ISM (Decision 877/QĐ-BGTVT 2023)

4.1 Process

1. Implementation process: Submission of application: The company prepares one application dossier as required and submits it directly, via postal service, online public service portal, or other appropriate means to the Quality and Safety Management System Certification Center – Vietnam Register.

2. Application review:

• If the application is incomplete: Guidance on supplementation will be provided immediately (for direct/online submission) or within 2 working days (for postal submission).
• If the application is complete: Within 7 working days, the certifying authority will arrange an evaluation schedule at the location requested by the company.

3. Evaluation and certification:

• If the company meets the requirements: The Conformity Certificate (DOC) will be issued or its validity confirmed within 1 working day after the evaluation is completed.
• If the company does not meet the requirements: A written notification will be provided.

4. Receiving the certificate: The company can receive the certificate directly, via postal service, online public service portal, or other appropriate means.

Processing time: 1 working day from the date of evaluation completion.

4.2 Application dossier

• 01 original or electronic application form.
• 01 copy of the company’s safety management system documents (paper copy for direct/postal submission, electronic copy for online submission) – applicable for preliminary or initial evaluation.
• 01 copy of documents proving ship ownership/management or a commitment to fulfilling responsibilities under the ISM Code (paper or electronic copy depending on the submission method) – applicable for preliminary or initial evaluation.

Number of application sets: 01 set.

5. Best Practices

According to the aforementioned reports, improving maritime safety compliance in Vietnamese ports requires a multi-pronged approach. First, a robust safety management system must be implemented with periodic inspections, assessments, and transparent reporting procedures. Emergency response protocols should be well-prepared through regular drills, clear response procedures, and coordination with local rescue units. Additionally, risk assessment should be conducted systematically, from identifying hazards and developing mitigation strategies to continuous monitoring and updates. Enhanced vessel inspections and supervision are crucial to ensuring compliance with international standards and Vietnam’s legal regulations. Lastly, upgrading port infrastructure, improving monitoring technology, and investing in workforce training are key to strengthening maritime safety management.

5.1 Safety Management Systems

• Implementation of comprehensive safety protocols: Ports must develop and enforce safety procedures covering all aspects of operations, from daily activities and equipment checks to emergency response protocols, ensuring consistent adherence to safety standards.
• Regular safety audits and assessments: Conducting periodic safety audits and evaluations helps identify weaknesses and implement necessary improvements. These inspections should be carried out by specialized teams and involve relevant regulatory authorities.
• Documentation and reporting procedures: Maintaining accurate and up-to-date safety records ensures transparency and provides a foundation for continuous improvement.

5.2 Emergency Response

• Clear emergency response protocols: Ports should have well-defined emergency response plans outlining the responsibilities of each department in case of incidents.
• Regular emergency drills and simulations: Conducting frequent emergency response drills and scenario simulations helps train personnel and assess readiness, improving real-world response effectiveness.
• Coordination with local emergency services: Collaborating with local coast guards, firefighting units, rescue teams, and emergency services enhances response times and reduces damage during incidents.

5.3 Risk Assessment

• Systematic hazard identification: Ports must adopt risk assessment methodologies to identify potential hazards, from weather conditions and equipment failures to human errors, ensuring effective preventive measures.
• Risk evaluation and mitigation strategies: Once risks are identified, ports should establish specific strategies to assess severity levels and implement appropriate mitigation measures, ensuring risks remain manageable.
• Continuous monitoring and updates: Given the evolving nature of maritime operations, constant surveillance and risk reassessments are crucial for promptly addressing emerging threats and maintaining continuous safety compliance.

Conclusion

Maintaining effective maritime safety compliance requires ongoing commitment, resources, and adaptation to evolving standards. Ports must balance operational efficiency with rigorous safety measures to ensure sustainable operations and protect both personnel and assets.

For detailed legal advice, don’t hesitate to contact Harley Miller Law Firm

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