Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) - Viet Nam (RATIFICATION: 1994)

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The Committee notes the Government’s referral to regulatory texts giving effect to the Convention in relation to weight marking of goods and containers, the safety inspection of containers and the penalties for the violation against these regulations. The Committee also notes the Government’s indication that the Maritime Administration has submitted for approval by the Ministry of Transport a new Circular that would replace Circular No. 14/2016/TT-BGTVT of 28 June 2016 on the weighing and certification of the whole volume of international shipping containers. The Committee requests the Governmentto inform of the adoption of the new Circular on weighing and certification of the whole volume of international shipping containers and to continue providing all relevant information on the application of the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the promulgation of the following regulatory texts relating to the marking of packages: Ministry of Transport Circular No. 14/2016/TT-BGTVT of 28 June 2016 on the weighing and certification of the whole volume of international shipping containers; Decree No. 80/2013/ND-CP of 19 July 2014 establishing administrative penalties for infringements of standards, measurements and product and goods quality (replacing Decree No. 54/2009/ND-CP of 5 June 2009); National Technical Standard No. 38/2015/BGTVT regulating technical safety requirements relating to the design, manufacture, repair, importation and use of containers transported by land, sea or rail, and requirements relating to the management, inspection and certification of such containers; and Ministry of Transport Circular No. 64/2015/TT-BGTVT of 5 November 2015 on the promulgation of the national technical standard on the inspection and manufacture of transport containers and on modes of transportation. The Committee also notes the Government’s indication that the rare infringements reported in this regard show that the regulations in force are fully applied. The Committee requests the Government to continue providing all relevant information on the application of the Convention.

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The Committee notes the promulgation of the following regulatory texts relating to the marking of packages: Ministry of Transport Circular No. 14/2016/TT-BGTVT of 28 June 2016 on the weighing and certification of the whole volume of international shipping containers; Decree No. 80/2013/ND-CP of 19 July 2014 establishing administrative penalties for infringements of standards, measurements and product and goods quality (replacing Decree No. 54/2009/ND-CP of 5 June 2009); National Technical Standard No. 38/2015/BGTVT regulating technical safety requirements relating to the design, manufacture, repair, importation and use of containers transported by land, sea or rail, and requirements relating to the management, inspection and certification of such containers; and Ministry of Transport Circular No. 64/2015/TT-BGTVT of 5 November 2015 on the promulgation of the national technical standard on the inspection and manufacture of transport containers and on modes of transportation. The Committee also notes the Government’s indication that the rare infringements reported in this regard show that the regulations in force are fully applied. The Committee requests the Government to continue providing all relevant information on the application of the Convention.

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The Committee notes the information that the legal basis for inspection in respect of the marking of weight includes the Law on Measurement 2011 and Decree No. 54/2009/ND-CP of 5 June 2009 providing for the sanctioning of administrative violations in the domain of standards, metrology, product and goods quality; and that inspections related to the marking of weight are carried out quarterly and annually and when any problems occur. The Committee requests the Government to provide statistical information of the outcome of the referenced inspections related to the marking of weight.

The Committee also notes the information provided in response to its General Observation 2007 indicating that the loading and discharging of goods, in particular containers, is regulated by Decision No. 2106/QD-GTVT dated 23 August 1997, which includes provisions entitling ports to refuse to load and discharge cargo without or with unclear codes and markings, and that to date no reports of difficulties in the application of these provisions have been reported. The Committee requests the Government to continue to provide any pertinent information in relation to this Convention.

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1. The Committee notes the brief information contained in the Government’s report including Decree No. 31/2006/ND-CP dated 29 March 2006 on the organization and operation of inspection in the field of labour, war invalids and social affairs as well as statistical information on the inspection system.

2.  With regard to the question of possible difficulties encountered in the application of the Convention in relation to modern methods of cargo handling, with particular reference to containers, the Committee requests the Government to refer to the general observation that it is making on the Convention at the present session.

3. Parts III and V of the report form. The Committee notes that the statistical data submitted concern inspections systems in enterprises and not in connection with Article 1 of the Convention. The Committee therefore requests the Government to provide further information on the inspection system, its legal basis and on the frequency these inspections are carried out in connection with marking of weight. It also requests the Government to provide extracts from any inspection reports indicating the degree of compliance with the marking of weight requirements, or any other information available on the manner in which effect is given to the Convention in practice.

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1. The Committee notes the Government's indication that while national legislation and regulations do not contain provisions applying directly the provisions of the Convention, it nonetheless contains some provisions relating to goods' control and loading as well as requirements concerning freight contracts, including penalty and administrative measures in case of breach of contract. In this respect, the Committee notes the provision of article 77, paragraph 1, of the Maritime Code according to which goods should be packaged, marked and labelled in accordance with existing regulations. The Committee therefore requests the Government to specify the regulations determining the special requirements to be observed in this respect. It further recalls the provision of Article 1, paragraph 1, of the Convention according to which any package or objects of 1,000 kg or more gross weight shall have its gross weight plainly and durably marked upon it on the outside before it is loaded on a ship or vessel.

The Committee accordingly requests the Government to indicate in its next report the measures taken or contemplated in order to give full effect to the Convention.

2. Part III of the report form. In its previous comment the Committee had asked the Government to supply further information on the inspection system, its legal basis and on the frequency these inspections are carried out. The Committee states that the Government's report does not contain any information in this regard. The Committee accordingly asks the Government again to explain the legal basis for carrying out inspections, as inspections generally aim to secure the enforcement of legal provisions, including the imposition of penalties in cases of violation of regulations. The Government is further requested to provide additional information on the inspection system and on the frequency inspections are carried out.

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The Committee notes the information supplied by the Government in its report. It notes the Government's indication that while no national legislation exists which gives effect to the Convention, the Convention is nonetheless well applied in practice. In this respect, the Committee notes the Government's explanation that information relating to the Convention is disseminated to the public, and that inspections are carried out with the consequence that infringements are punished by the imposition of administrative penalties. The Committee would therefore request the Government to furnish some examples concerning the manner in which the public is informed about the content of the Convention. Furthermore, the Government is asked to supply further information on the inspection system, and whether these inspections are carried out on a regular basis. In this regard, it is hoped that the Government will explain the legislative basis for carrying out inspections, as inspection generally aims to secure enforcement of legal provisions, including the imposition of penalties in cases of violation of regulations. The Committee would also request the Government to indicate whether legislation giving effect to the Convention will be elaborated. It hopes that the Government will provide information on steps taken to this effect.