The technical standards governing Vietnamese seaports represent a crucial framework that ensures the safety, efficiency, and sustainability of maritime operations. This comprehensive guide explores the essential requirements and regulations that port operators, developers, and stakeholders must understand and implement.

1. Introduction to Vietnamese Seaport Technical Standards

Vietnam’s seaport technical standards are designed to align with international maritime practices while addressing specific local requirements. These standards form the backbone of the country’s port infrastructure development and operational guidelines.

Key Regulatory Framework

Vietnam Maritime Code and associated regulations

National Technical Regulation on Seaports (QCVN 107:2021/BGTVT) issued under Circular No. 08/2021/TT-BGTVT.

Vietnamese National Technical Standards for Seaports (TCVN):

• TCVN 13330:2021 – Seaport Structures – Maintenance Requirements.
• TCVN 11820 – Seaport Structures – Design Requirements.

International Maritime Organization (IMO) guidelines

• SOLAS (International Convention for the Safety of Life at Sea): Establishes minimum safety standards for ships to ensure the protection of lives at sea.
• MARPOL (International Convention for the Prevention of Pollution from Ships): Sets measures to prevent marine pollution, including waste and emission control.
• STCW (International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers): Ensures training, certification, and duty watch standards to enhance workforce quality at sea.
• ISPS Code (International Ship and Port Facility Security Code): Strengthens security for ships and port facilities, outlining measures to prevent security threats.
• ISM Code (International Safety Management Code): Requires maritime companies to establish safety management systems for safe and efficient operations.

2. Infrastructure Requirements and Specifications

2.1 Basic Infrastructure Standards

Seaports must meet specific structural requirements to ensure safe and efficient operations: (Article 1.2, Chapter II, QCVN 107:2021/BGTVT):

• Structural Safety Requirements: Port structures must be designed and built to withstand adverse loads, including long-term environmental impacts such as storms and earthquakes, in compliance with QCVN 02:2009/BXD.
• Operational Capacity: Structures must maintain stability without excessive deformation or degradation beyond permissible limits.
• Durability and Longevity: Port structures must resist environmental erosion, biological factors, and other harmful elements to ensure normal operation throughout their design lifespan.

2.2 Terminal Facilities

Terminal facilities must comply with detailed technical specifications covering: (Article 2, Chapter II, QCVN 107:2021/BGTVT):

Vessel Load Capacity: The allowable vessel tonnage (full or reduced load) must be determined based on planning, natural conditions, and port specifications, including channels, quays, water depth, and turning basins.

Berth Length: The length of quays and berths must:

• Align with the port’s designated land area.
• Accommodate the operational vessel size.
• Maintain a safety buffer between moored ships.

Port Water Areas:

• Water areas must meet maritime safety, fire prevention, and environmental protection standards.
• Water width must ensure a safe distance between the berth edge and the navigation channel, with depth sufficient for vessel draft and clearance.

Berth Elevation: Berth elevation must:

• Allow safe mooring and cargo handling, considering operational water levels and loading equipment.
• Account for maritime safety, security, environmental protection, and climate change adaptation.

Mooring Buoys:

• The designated water area for mooring buoys must ensure safe vessel approach and berthing.
• Buoys must meet current technical standards, with steel mooring buoys requiring certification under QCVN 72:2014/BGTVT.

3. Safety and Security Requirements

Safety remains paramount in seaport operations, with comprehensive requirements covering:

3.1 Maritime Safety (Article 1.4, Chapter II, QCVN 107:2021/BGTVT)

Seaports and berths receiving international vessels must undergo evaluation, approval, and certification of compliance.

Port Compliance Certification Process (Article 8, Circular No. 27/2011/TT-BGTVT):

1. Procedure:

• The port enterprise submits an application to the Vietnam Maritime Administration (VMA).
• VMA reviews and verifies the application, requesting additional documents if necessary.
• VMA conducts an on-site security assessment of the port facility.
• If the security plan meets ISPS Code requirements, VMA issues the Port Compliance Certificate.

2. Required Documents:

• Official request letter for security plan approval.
• A certified security plan (translated into English for foreign-invested or foreign-operated ports).
• A certified security assessment, approved by the Maritime Administration (translated into English if applicable).

3. Processing Time: The certificate is issued within three working days after the port inspection.

3.2 Security Measures

The ISPS Code requires each port to develop and maintain a Port Security Plan (PSP) based on a comprehensive Port Security Assessment (PSA). This plan must be approved by the respective government and cover three security levels.

Key Components of the Port Security Plan (Section 16, Part A, ISPS Code):

• Preventing the introduction of weapons and hazardous substances into the port.
• Controlling unauthorized access to the port, berthed ships, and restricted areas.
• Establishing emergency procedures for security threats and breaches.
• Implementing evacuation procedures in response to security incidents.
• Defining security personnel roles and responsibilities.
• Coordinating security efforts between ports and vessels.
• Establishing reporting procedures for security incidents.
• Protecting security-related information in the plan.
• Ensuring secure cargo and handling equipment within the port.
• Regularly reviewing and updating the security plan.
• Developing response protocols for ship security alarm systems.
• Facilitating crew shore leave, personnel changes, and visitor access.

The plan can be stored electronically but must be protected against unauthorized modifications. Governments may approve a single security plan covering multiple ports with similar operations. Ports must comply with the ISPS Code to receive Port Compliance Certification.

4. Environmental Compliance Requirements

Environmental Protection Measures (Article 1.5, Chapter II, QCVN 107:2021/BGTVT)

• Seaports must comply with international and national regulations on environmental pollution control, including the prevention of pollution from ships, chemical spills, wastewater, and hazardous substances.
• Ports must have systems for waste collection, storage, and treatment or collaborate with specialized units to ensure proper disposal.
• Seaports must meet technical standards for oil spills and hazardous chemical incident response, ensuring environmental safety.

5. Operational Technical Standards

Operational standards ensure efficient port operations through:

5.1 Design Standards (TCVN 11820 – Seaport Structures – Design Requirements)

TCVN 11820 is a national standard outlining design requirements for seaport structures, developed with reference to international standards such as OCDI and BS 6349. It consists of multiple sections focusing on specific aspects of seaport structure design, including:

• Loads and impacts
• Material requirements
• Foundations and soil improvement
• Berth structures
• Breakwaters
• Navigation channels and harbor basins
• Dry docks, ship locks, slipways, and shipyard berths
• Dredging and land reclamation
• Other port structures

5.2 Operational Procedures (QCVN 107:2021/BGTVT)

Key operational regulations for port management include:

1. Vessel Navigation and Port Entry

• Maritime signaling systems provide visual, light, sound, and radio signals to assist vessels in safe navigation.
• Signals must operate continuously and adapt to weather and environmental conditions.

2. Inspection and Structural Safety Assurance

• Port structures must withstand environmental impacts and ensure long-term operational capability.
• Regular maintenance is required to ensure structural integrity.

3. Management of Oil and Petroleum Import/Export Terminals

• Must comply with national technical standards for design, installation, and operation.
• Ensure fire safety and environmental protection during cargo handling.

4. Passenger Terminal Operations

• Managed according to fire safety, environmental protection, and hygiene standards.
• Equipped with medical facilities, firefighting equipment, and environmental protection systems.

6. Maintenance and Inspection Guidelines

6.1 Infrastructure Maintenance

1. Infrastructure Maintenance under QCVN 107:2021/BGTVT (Article 1.7)

• A maintenance plan must be developed and approved before facility operation.
• Structures must be maintained according to the approved maintenance plan.
• Maintenance must ensure safety for personnel, assets, and infrastructure.

2. Infrastructure Maintenance under TCVN 13330:2021 – Seaport Structures – Maintenance Requirements

TCVN 13330:2021 outlines key maintenance requirements for newly built and existing port structures to ensure safe and continuous operation. It covers:

• General maintenance principles for seaport structures
• Deformation sequences and maintenance requirements
• Periodic inspections of seaport structures
• Forecasting deterioration trends
• Selecting appropriate repair and corrective measures
• Maintenance reporting and record-keeping

6.2 Periodic Inspections

Periodic inspections are mandatory to ensure the quality, durability, and safety of port structures throughout their operational lifespan. According to TCVN 13330:2021, inspections must meet the following requirements:

1. Continuity and Systematic Approach

• Inspections must be conducted regularly throughout the facility’s lifespan.
• Inspection methods must accurately assess the structure’s condition and performance.

2. Detection and Monitoring of Deformation

• Inspections identify early signs of damage or deformation.
• Data collected is compared with previous inspections to assess deterioration trends.

3. Inspection Methods

• Visual Inspection: Conducted using basic tools (hammers, measuring tape, magnifying glass) to assess above-water structures.
• Specialized Equipment Inspection: Uses divers or survey equipment for underwater or hard-to-access areas.

4. Inspection Frequency

• Determined based on the structure’s lifespan, type, operational intensity, and environmental conditions.
• Defined in the maintenance plan and requires investor approval.

5. Inspection Criteria and Evaluation Standards

• Each structural component has specific inspection methods and evaluation criteria outlined in the standard.
• Structural performance is assessed based on degradation levels and potential impact on port operations.

7. Future Developments and Updates

The technical standards framework continues to evolve with:

• Integration of Smart Port Technologies: Automation, artificial intelligence (AI), and digital management systems to enhance operational efficiency.
• Enhanced Environmental Protection Measures: Greater use of clean energy, emission control, waste treatment, and marine ecosystem protection.
• Improved Safety Protocols: Strengthening maritime security standards, fire prevention, and risk mitigation in port operations.
• Updated International Compliance Requirements: Aligning regulations with the latest IMO standards and international conventions.

Conclusion

Understanding and implementing Vietnamese seaport technical standards is essential for successful port operations. Stakeholders must stay current with existing requirements while preparing for future developments in the maritime sector.

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

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