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Circular No.: 40/2018/TT-BGTVT dated June 29, 2018 of the Ministry of Transport providing for date collection and reporting on fuel oil consumption of Vietnamese-flagged ships

Date: 6/29/2018

MINISTRY OF TRANSPORT 
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 40/2018/TT-BGTVT
Hanoi, June 29, 2018
CIRCULAR
PROVIDING FOR DATA COLLECTION AND REPORTING ON FUEL OIL CONSUMPTION OF VIETNAMESE-FLAGGED SHIPS
Pursuant to the Maritime Code of Vietnam dated November 25, 2015;
Pursuant to the Law on environmental protection dated June 23, 2014;
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of Ministry of Transport;
Pursuant to the Annex VI of the International Convention for the Prevention of Pollution from Ships adopted by the International Maritime Organization (IMO), as amended, (hereinafter referred to as “MARPOL Convention”);
At the request of Director of the Environment Department, and General Director of Vietnam Register;
Minister of Transport promulgates a Circular providing for data collection and reporting on fuel oil consumption of Vietnamese-flagged ships.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides regulations on data collection and reporting on fuel oil consumption of Vietnamese-flagged ships.
2. This Circular does not apply to ships serving national defense and security purposes.
Article 2. Regulated entities
This Circular applies to organizations and individuals involved in collecting data and reporting on fuel oil consumption of Vietnamese-flagged ships (hereinafter referred to as “ships”).
Article 3. Interpretation of terms
For the purpose of this Circular, the terms below are construed as follows:
1. “calendar year” refers to a period of time from January 01 to the end of December 31 of a year.
2. “SEEMP” means the Ship Energy Efficiency Management Plan which is prepared according to Regulation 22 of MARPOL Annex VI.
Chapter II
DATA COLLECTION AND REPORTING ON SHIP FUEL OIL CONSUMPTION
Article 4. Ship fuel oil consumption data collection plan
1. The ship fuel oil consumption data collection plan (hereinafter referred to as “Data Collection Plan”) is made according to the Form No. 01 of the Appendix 2 enclosed herewith.
2. Data on ship fuel oil consumption shall be collected by adopting one of the methodologies specified in the Appendix 1 enclosed herewith.
3. With regard to any engine-propelled ship of 5,000 GT and above, engaged in international voyages, the Data Collection Plan must be specified in Part II of SEEMP.
Article 5. Reporting on ship fuel oil consumption data
1. As from the calendar year 2019 onwards, ship-owners are required to collect and submit reports on ship fuel oil consumption data in the calendar year via the Vietnam Register’s portal (www.vr.org.vn) by February 28 of the following year. To be specific:
a) With regard to any engine-propelled ships of 5,000 GT and above, engaged in international voyages: Reports are made according to the Form No. 02 of the Appendix 2 enclosed herewith.
b) With regard to other ships: Reports are made according to the Form No. 02 of the Appendix 2 enclosed herewith, excluding information concerning distance travelled, energy efficiency design index and ice class.
2. In case of change in ship-owner, the existing ship-owner is required to collect and submit report on the ship fuel oil consumption data for the period of calendar year during which the ship is still under the ownership of that ship-owner, made according to the form specified in Clause 1 of this Article, via the Vietnam Register’s portal (www.vr.org.vn) before completing procedures for change in ship-owner.
3. In case procedures for registration for a ship sailing under a foreign flag are carried out, the current ship-owner is required to collect and submit report on the ship fuel oil consumption data for the period of calendar year during which the ship still flies Vietnamese flag, made according to the form specified in Clause 1 of this Article, via the Vietnam Register’s portal (www.vr.org.vn) before completing such procedures for registration for a ship sailing under a foreign flag.
4. In case procedures for registration for a ship sailing under a foreign flag and procedures for change in the ship-owner are carried out at the same time, data collection and reporting on ship fuel oil consumption shall be performed in accordance with regulations in Clause 3 of this Article.
Chapter III
DATABASE MANAGEMENT AND REPORTING ON SHIP FUEL OIL CONSUMPTION DATA TO THE MINISTRY OF TRANSPORT AND THE INTERNATIONAL MARITIME ORGANIZATION (IMO)
Article 6. Rules for managing and operating ship fuel oil consumption database
1. The ship fuel oil consumption database must be managed and operated in accordance with regulations herein and relevant law regulations.
2. The ship fuel oil consumption database is operated to serve the purposes of assisting marine environment protection, prevention of air pollution and state management tasks performed by the Ministry of Transport.
3. Organizations and individuals that wish to use information from the ship fuel oil consumption database for the purposes defined in Clause 2 of this Article shall be provided by Vietnam Register with accounts for access to the database.
Article 7. Requirements regarding the ship fuel oil consumption database
1. The ship fuel oil consumption database is a collection of data, processed and stored electronically, from reports on ship fuel oil consumption data submitted by ship-owners to Vietnam Register; has a user interface which is suitable for collecting data through the Internet; and is capable of data extraction.
2. A ship fuel oil consumption database must be capable of storing data for a minimum period of 03 consecutive calendar years.
3. Safety and security of data on the ship fuel oil consumption database must be ensured.
Article 8. Verification of reports on ship fuel oil consumption data
1. Depending on the method employed for collecting data on fuel oil consumption of a ship, one of the following documents must be kept for serving the verification of report on the ship fuel oil consumption data:
a) The bunker delivery notes (for method using bunker delivery notes).
b) The log of flow meter which is used for measuring fuel oil flows on board the ship (for method using flow meters).
c) The summary of monitoring data (for method using bunker fuel oil tank monitoring on board).
2. Vietnam Register shall verify a report on ship fuel oil consumption data in the nearest statutory inspection of ship classification after the date on which Vietnam Register receives such report.
3. With regard to reports of any engine-propelled ships of 5,000 GT and above, engaged in international voyages, Vietnam Register must publicly announce such reports on ship fuel oil consumption data in conformity with Regulation 6 of MARPOL Annex VI.
Article 9. Reporting on ship fuel oil consumption data to Ministry of Transport and IMO
1. Vietnam Register shall submit reports on fuel oil consumption data of Vietnamese-flagged ships to the Ministry of Transport in accordance with regulations in the Circular No. 48/2017/TT-BGTVT dated December 13, 2017 by the Ministry of Transport.
2. Vietnam Register shall submit reports on fuel oil consumption data of engine-propelled ships of 5,000 GT and above, engaged in international voyages, to IMO’s fuel oil consumption database in conformity with Part 9 Regulation 22A of MARPOL Annex VI.
Chapter IV
RESPONSIBILITY OF RELEVANT ORGANIZATIONS, INDIVIDUALS AND REGULATORY AUTHORITIES
Article 10. Responsibility of ship-owners
1. Collect data on fuel oil consumption of ships under their management and submit reports thereof to Vietnam Register in accordance with regulations herein.
2. Keep documents and evidences of the ship fuel oil consumption as specified in Clause 1 Article 8 herein for a minimum period of three (03) years in order to serve the inspection and control by regulatory authorities as regulated.
3. Update SEEMPs for engine-propelled ships of 5,000 GT and above, engaged in international voyages, and submit the updated SEEMPs to Vietnam Register for review according to Part 4.5 Regulation 5 of MARPOL Annex VI.
Article 11. Responsibility of ship masters
1. Provide accurate information concerning the ship fuel oil consumption to the ship-owner according to the Data Collection Plan.
2. Keep documents and evidences of the ship fuel oil consumption as specified in Clause 1 Article 8 herein for a minimum period of three (03) years in order to serve the inspection and control by regulatory authorities as regulated.
Article 12. Responsibility of maritime administrations
Inspect the compliance with regulations herein by ships operating within the port waters under their management.
Article 13. Responsibility of Vietnam Register
1. Establish and manage the ship fuel oil consumption database in a manner to meet the database management, operation and reporting requirements.
2. Organize the operation of the ship fuel oil consumption database to serve the purposes of assisting marine environment protection, prevention of air pollution and state management tasks performed by the Ministry of Transport.
Chapter V
IMPLEMENTATION PROVISIONS
Article 14. Entry into force
This Circular comes into force as from August 15, 2018.
Article 15. Implementation organization
1. Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry of Transport, General Director of Vietnam Register, Director of Vietnam Maritime Administration, heads of relevant agencies/units affiliated to the Ministry of Transport, and relevant organizations and individuals shall implement this Circular.
2. If international treaties and legislative documents referred to in this Circular are amended or replaced, the new ones shall prevail.
  
PP. MINISTER 
DEPUTY MINISTER 
(Signed and sealed)




Nguyen Van Cong
APPENDIX 1
METHODOLOGY FOR COLLECTING DATA ON SHIP FUEL OIL CONSUMPTION
(Enclosed with the Circular No. 40/2018/TT-BGTVT dated June 29, 2018 by the Minister of Transport)
Fuel oil consumption of a ship includes all the fuel oil consumed by the main engines, auxiliary engines, inert gas generator, etc., for each type of fuel oil consumed, regardless of whether a ship is underway or not.
Methods for collecting data on ship fuel oil consumption (in metric tonnes) include:
1. Method using bunker delivery notes (BDNs):
This method determines the total amount of fuel oil used based on BDNs and monitoring bunker fuel oil tank; BDNs are required to be retained on board for three (03) years after the fuel oil has been delivered.
The main components of this approach are as follows:
(1) The amount of fuel oil consumption in the reporting period shall be the total mass of fuel oil delivered on board the ship as reflected in the BDNs, plus the amount of fuel oil left over from the last calendar year period and less the amount of fuel oil carried over to the next calendar year period.
(2) The amount of fuel oil left over from the last calendar year period and the amount of fuel oil carried over to the next calendar year period is determined as the amount of remaining tank oil measured at the beginning and the end of the period.
In the case of voyage that extends across the data reporting period, the amount of remaining tank oil at the beginning or the end of the reporting period may be measured by interpolation by tank monitoring at the ports of departure and arrival of the voyage and by statistical methods such as rolling average using voyage days.
(3) Fuel oil tank readings must be carried out by appropriate methods such as automated systems, soundings and dip tapes, etc. The method for tank readings must be specified in the Data Collection Plan.
(4) The amount of any fuel oil offloaded must be subtracted from the fuel oil consumption of that reporting period. This amount is based on the records of the ship's oil record book.
(5) Any supplemental data used for closing identified difference in bunker quantity must be supported with documentary evidence.
2. Method using flow meters:
This method determines the total amount of fuel oil consumption by measuring fuel oil flows on board by using flow meters. In case of the breakdown of flow meters, manual tank readings or other alternative methods will be conducted instead. The Data Collection Plan must set out information about the ship's flow meters and how the data will be collected and summarized, as well as how necessary tank readings should be conducted.
The main components of this approach are as follows:
(1) Fuel oil consumption in the reporting period may be the sum of daily fuel oil consumption data of all relevant fuel oil consuming processes on board measured by flow meters.
(2) The flow meters applied to monitoring must be located so as to measure all fuel oil consumption on board. The flow meters and their link to specific fuel oil consumers must be described in the Data Collection Plan.
(3) Note that it must not be necessary to correct this fuel oil measurement method for sludge if the flow meter is installed after the daily tank as sludge will be removed from the fuel oil prior to the daily tank.
(4) The flow meters applied to monitoring fuel oil flow must be identified in the Data Collection Plan. Any fuel oil consumer not monitored with a flow meter must be clearly identified, and an alternative fuel oil consumption measurement method must be included.
(5) Calibration of the flow meters must be specified. Calibration and maintenance records must be available on board.
3. Method using bunker fuel oil tank monitoring on board:
This method determines the total amount of fuel oil consumption by measuring bunker fuel oil tanks on board. To be specific:
(1) To determine the fuel oil consumption in the reporting period, the amount of daily fuel oil consumption data measured by tank readings which are carried out by appropriate methods (e.g. automated systems, soundings and dip tapes, etc.) will be aggregated. The tank readings must be normally taken daily when the ship is at sea and each time the ship is bunkering or de-bunkering.
(2) The summary of monitoring data containing records of measured fuel oil consumption must be available on board.
 (This translation is for reference only)



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