Carriage, Handling and Storage of Dangerous Goods along

124 RECOMMENDATIONS
5.3.7 Examine Minimum Safety Requirements for Vessels in the Upper
Mekong
RECOMMENDATION
The competence of riparian authorities under the Lancang-Mekong Agreement on Commercial
Navigation to inspect vessels operating in MRC Member Countries in relation to minimum safety
requirements should be examined further.
CHALLENGE
The Risk Analysis identified that Chiang Saen Port and national line agencies have limited capacity to
inspect inland barges from China and Myanmar.
Of the vessels operating at Chiang Saen Port and Keawalee Terminal, 70 percent are Chinese-flagged,
20 percent are Myanmar-flagged and 10 percent are Lao-flagged. The National Working Group from
Thailand strongly believes that there should be a regulation that allows the Marine Safety Administration
to inspect the condition of other flag vessels as well as the safety of operations. Currently, the possibilities
for enforcing the rules related to safety and environmental protection seem limited.
Reportedly, a number of vessels sailing on the Upper-Mekong do not meet minimum safety requirements
and increase the risks of pollution, fire and navigational accidents. The Agreement on Commercial
Navigation on Lancang-Mekong River contains a mechanism for the establishment by the Riparian
States of “common” rules on the transportation of dangerous goods on the Upper Mekong. It remains
to be seen how these laws are applied in practice or whether national line agencies have the necessary
powers to inspect the conditions and operations of foreign flag vessels prior to loading and discharging
dangerous goods in the Upper Mekong. Also, there is a clear need for training of inspectors and their
trainers.
5.3.8 Clarify Existing Rules and Regulations in Viet Nam
RECOMMENDATION
A detailed legal study of the legal framework related to the transport, storage and carriage of
dangerous goods in Viet Nam should be carried out
CHALLENGE
The Risk Analysis revealed that Viet Nam has the most extensive legal instruments for IWT. However, a
full legal review needs to be undertaken to determine the rules, decrees and circulars that specifically
apply to the transportation of dangerous goods on the Mekong River.
The study needs to include information on how the rules and regulations are implemented as well
as on the national line agencies responsible for monitoring and compliance. It appears that there are
often overlapping responsibilities between VIWA and VINAMARINE which limit the implementation of
some rules and regulations for IWT.