3

27

28

1.
1.1. .. 1974
Convention for the Safety of Life at Sea, 1974 (SOLAS))

(International

1914
1948 1948
1960 1960 17 1960
26 1965 1974

(Flag State)





(Port State control) SOLAS
12 1
1

2.1

2.2
3

International Convention for the Safety of Life at Sea (SOLAS), 1974

(http://www.imo.org/Conventions/contents.asp?topic_id=257&doc_id=647)

29

4 The Global Maritime Distress

and Safety System (GMDSS)
300
(EPIRBs)
(SARTs)

5



(VDRs)
(AIS)

6
()
7 3
A


the International Maritime Dangerous Goods (IMDG) Code
A-1

B
1 .. 1986
the International Bulk Chemical Code (IBC Code)
C
1 .. 1986
the International Gas Carrier Code (IGC Code)

30

D


the International Code for the Safe Carriage of
Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on
Board Ships (INF Code)
8

9 The
International Safety Management (ISM) Code

10 The
International Code of Safety for High-Speed Craft (HSC Code)
11.1

11.2 11-2/3
The International Ship and Port Facilities Security Code (ISPS Code)
Part A Part B Part A

12
150

3
1. 5 (Chapter V: Safety of Navigation)

31

2. 9 (Management for
the Safe Operation of Ships)
(The International Safety Management Code for the Safe Operation of
Ships and for Pollution: ISM CODE)
3. 11.2 (Special
measures to enhance maritime security)
(International Ship and Port
Facility Security: ISPS CODE)
1.1.1 5 (Chapter V: Safety of
Navigation)

St. Lambert Lack

(baseline) 2
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 28
150
500 3

1. (Ships
Routeing)
/
IMO

Regulation 1 of SOLAS Chapter V

3
Regulation 1 paragraph 4 of SOLAS Chapter V

32

4
2. (Ship reporting
System)

5
3. (Ships' manning)

6
4. (Maintenance of equipment)

I/7(b)(ii), I/8, I/9

7
5. /
(Use of heading and/or track control systems)

Regulation 10 paragraph 1 and paragraph 7 of SOLAS Chapter V

5
Regulation 11 paragraph 1 and paragraph 7 of SOLAS Chapter V
6
Regulation 14 paragraph 3 and paragraph 4 of SOLAS Chapter V
7
Regulation 16 paragraph 2 of SOLAS Chapter V

33

(Heading Control System) /

(Track control systems)
8
6. (Records of navigational
activities)



9
7. (Danger messages)



10 (Beaufort scale)


(The
International Code of Signal)10
8.

Regulation 24 paragraph 1 of SOLAS Chapter V

9
Regulation 28 of SOLAS Chapter V
10
Regulation 31 paragraph 1 of SOLAS Chapter V

34

11
9.
(Safe navigation and avoidance of dangerous situations)
(nautical
charts) (nautical publications)12

13

11

Regulation 33 paragraph 1 of SOLAS Chapter V

12
Regulation 27 of SOLAS Chapter V
13
Regulation 34 of SOLAS Chapter V

35

1.1.2 (The
International Safety Management Code for the Safe Operation of Ships and for
Pollution: ISM Code)
The International
Safety Management Code for the Safe Operation of Ships and for Pollution (International
Safety Management Code: ISM CODE)

(International Convention for the Safety
of Life at Sea 1974 SOLAS 1974) 9 (Chapter IX: Management of
the Safe Operation of Ships)

(Mandatory)
(ISM CODE)
(Company)

(Safety Management System) ISM
CODE

36

14
(SMS)

1.1.3
(International Ship and Port Facility Security: ISPS Code)
.. 1974
.. 2002 (International Convention for the Safety of Life at sea 1974, as
amended 2002) 1 2004

(International Ship and Port Facility Security Code : ISPS Code)

11-2

2 Part A (Mandatory) Part B
(Guidance)
500

15

14

Section 5.1 and 5.2 of ISM Code

15
3

37

(Declaration of Security: DOS)



(Ship to Port) (Ship to Ship)

16
1.

2.

3.

4.

5.

16
http://www.vtsmd.com/isps/isps.pdf

38

1.2.
.. 1972 (The
International Regulations for Preventing Collisions at Sea, 1972 (COLREGs))

(The Inter Governmental Maritime Consultative Organization: IMCO)

39

..1948

1972
1960 ..
1960
1972 10

17
38
5 . . .
. .

IMO
18 IMO
10

1.2.1 (Steering and Sailing Rules)

1.2.1.1. (Conduct of Vessels in
any Condition of Visibility)

17

Convention on the International Regulations for Preventing Collisions at

Sea,
1972(COLREGs)
http://www.imo.org/Conventions/contents.asp?doc_id=649&topic_id=257>
18
Rule 1 (a) and (d) of COLREGs

40

19

20

21

22 IMO

23
1.2.1.2 (Conduct of
Vessels in Sight of One Another)

24

19

Rule 5 of COLREGs
20
Rule 6 of COLREGs
21
Rule 8 of COLREGs
22
Rule 9 of COLREGs
23
Rule 10 of COLREGs
24
Rule 3(k) Vessels shall be deemed to be in sight of one another only when
one can be observed visually from the other.

41

25

26

360
27 28

29
1.2.1.3 (Conduct of Vessels in
Restricted Visibility)

30

25

Rule 13 of COLREGs
26
Rule 14 of COLREGs
27
Rule 15 of COLREGs
28
Rule 16 of COLREGs
29
Rule 17 of COLREGs
30
Rule 3 (I) The term restricted visibility means any condition in which
visibility by fog, mist, falling snow, heavy rainstorms, sand storms or any other similar
causes.

42

31
1.2.2 (Responsibility)

32

31

Rule 19 of COLREGs
32
Rule 2 (a) of COLREGs

43

1.3.
.. 1973
(International Convention for the Prevention of Pollution from Ships, 1973)
.. 1978
(Protocol of 1978 Relating to the International Convention for the Prevention of
Pollution from Ships: MARPOL 73/78))
.. 1973
.. 1978
A. 1761 (V)
IMCO 1969 .. 1973

..
1971 7 IMCO A237 (VII)
.. 1973
.. 1973
.. 1954/62
(discharge)
2
(accidents) (incidents of navigation)
(stranding) (collision)
(oil tanker)

33
.. 1973

33

, , 2,
(: , 2550), . 197 - 202

44

(Special Zones)

70,000

International Oil Pollution Prevention Certificate

34
MARPOL 73/78

1. (Oil) I (Annex I)
(Regulations)
MARPOL 73/78 (mandatory)
2. (Noxious liquid substance) II
(Annex II)
MARPOL 73/78 (mandatory)
3. (packaged harmful substances)
III (Annex III) MARPOL 73/78
(optional)
4. (sewage) IV (Annex IV)
MARPOL 73/78 (optional)

34

.. .., ,
, 8 3, .. .. 2532, .78 -80

45

5. (garbage & plastic) V (Annex

V) MARPOL 73/78
(optional)
6. (air pollution) VI (Annex
VI) MARPOL 73/78
(optional)
I, II, III, V
IV VI I
II
1.3.1 (Oil Pollution)
(oil) I MARPOL 73/78
(crude oil) (Fuel oil) (sludge)
(oil refuse) (refined Products)
II MARPOL 73/78 Annex I
I Appendix I I
(aromatic oil) (lubricating oil) (mineral oil)
(motor oil) (kerosene) (naphtha)
1978 MARPOL 73 I
(crude oil tankers)35
1.3.1.1
MARPOL 73/78
(oily mixture) 36

35

Annex I of MARPOL 73/78 , Regulation 1(1) Oil means petroleum in any

form including crude oil, fuel oil, sludge, oil refuse and refined products (other than
petrochemicals which are subject to the provisions of Annex II of the present
Convention) and, without limiting the generality of the foregoing, includes the
substances listed in appendix I to this Annex
36
Annex I of MARPOL 73/78, Regulation 9 Control of discharge of oil

46

. (oil tanker)

(i) (special area)

(gulfs area)
(ii)
(nearest land) 50
(baseline) (territorial sea)
(normal baseline) 5
(straight baselines) 7
.. 1982
I MARPOL 73/78

11 142 8 10
35 141 55 10
142 9 10 143
52 9 144
15 147
21 153 24
42 153 15
(iii)
(iv) 60 1
(v) 1/15,000

(existing tankers) 1/30,000

(new tankers)

47

31 .. 1975
(keel) 30 .. 1976 31
.. 1979 (major conversion)
(dimensions)
31 .. 1975
30 .. 1976
31 .. 1979
(vi)
(slop tank) 15
I

. 400
(i) (special area)
(ii) 12
(nearest land)
(iii)
(iv) 100

(v)

16 I
(oily mixtures)
15
. 400
(flag state) (coastal state)
(installations)

(reception facilities) .

48

(wake) MARPOL 73/78

9
10 I

1.3.1.2 (Special Areas)37

(special areas)
(oceanographic and ecological condition)

I MARPOL 73/78
10
. (Mediterranean Sea area)
(Mediterranean Sea proper)
(Black Sea) 41
(Straits of Gibraltar)
(meridian) 5 36
. (Baltic Sea area) (Baltic
Sea Proper) (Gulf of Bothnia) (Gulf of Finland)
Skaw Skagerrak 57 44.8
. (Black Sea area) (Black Sea Proper)
41
. (Red Sea area) (Red Sea Proper)
(Gulf of Suez and Aqaba)
(rhumb line) Ras si Ane (12 8.5 43 19.6 )
Husn Murad (12 40.4 43 30.2 )

37

Annex I of MARPOL 73/78, Regulation 10 Methods for the Prevention of oil

pollution from ships while operating in special areas

49

. (Gulf area)
(rhumb line) Ras al Hadd (22 30
59 48 Ras al Fasteh (25 4 61 25
)
(oily
mixtures) 400

(oil drainage) (sludge)
(reception
facilities)
400

15

(i)
(ii) 100

(iii)
12

(oil residues)

(reception facilities)

(wake) MARPOL 73/78

9 10

50

(reception
facilities) I MARPOL 73/78

.
MARPOL 73/78 1 ..
1977

(oily mixtures)

. (Gulfs area)

(oily mixtures)

. .


I

51

1.3.1.3 (Exceptions)38

1.1 1.2
. (oily mixture)

(i)

(ii)

1.3.1.4 (Oil Record Book)39

150
400 (oil record book)
(log book)
Appendix III I
(tank-to-tank basis)
(I)

38

Annex I of MARPOL 73/78, Regulation 11 Exceptions

39
Annex I of MARPOL 73/78, Regulation 20 Oil Record book

52

(valves)
(valves)


(slop tank)
(residues) (bilge water)

(ii)

(residues)
(bilge water)

1.3.2 (Noxious Liquid Substances)

(Noxious liquid substances) II
MARPOL 73/78 Appendix II II
3 II 4
. (Category A)
(major hazard)

(stringent anti pollution measures)
. (Category B)
(hazard)

53

(special anti pollution measures)
. (Category C)
(minor hazard)

(special operational conditions)
. (Category D)
(recognizable hazard)


(operational conditions)
1.3.2.1.

II MARPOL 73/78 40
1. (Category A)

(Ballast
water) (Tank washing) (residues) (mixtures)
(Special areas)
(Baltic Sea area)
(Black Sea area) I

(reception facilities)

III Appendix I II

40

substances

Annex II of MARPOL 73/78, Regulation 5 Discharge of noxious liquid

54

) 7
(self-propelled ships) 4

) (waterline)
) 12
(nearest land) (baseline)
25
2. (Category B)

(special areas)
) 7
4
)

(IMO) (concentration)

(wake astern) 1
)
)
1 1/3,000
) (waterline)
) 12
25
3. (Category C)

55

(special areas)
) 7
4
)

(wake astern) 10

)
(ii)
3 1/1,000

) (waterline)
) 12
25
4. (Category D)

(Special areas)
) 7
4
)

) 12

56

5.

1.3.2.2

(Special Areas)
(special areas)
(oceanographic and ecological
condition)

(Baltic Sea area) (Black Sea area)

1. (Category A)

(reception
facilities) 7 II

IV Appendix II II

57

) 7
4
) (waterline)
) 12
25
2. (Category B)

)
0.5
(reception facilities)
) 7
4
)

(IMO)
(concentration)
(wake astern) 1
) (waterline)
) 12
25
3. (Category C)

58

) 7
4
)

(IMO)
(wake astern) 1

)
(ii)
1 1/3,000

) (waterline)
) 12
25
4.

MARPOL 73/78
(reception facilities)

) (cargo loading and unloading ports and

terminals)

II
) (ship repair ports)

59

1.3.2.3 (Exceptions)41

(i)

(ii)

1.3.2.4 (Cargo Record Book)42

II (cargo
record book) (log book)
(tank-to-tank basis)

(slop tank)

41

Annex II of MARPOL 73/78, Regulation 6 Exceptions

42
Annex II of MARPOL 73/78, Regulation 9 Cargo Record Book

60

1.3.3
.. 1973
.. 1978

2.
2.1 (Maritime Code of the People's Republic of
China, 1992)
28
7 7 1992 64
7 1992 1 1993
15
1.


43

43

Article 35 The Master shall be responsible for the management and

navigation of the ship.

61

44

2.

45

Orders given by the Master within the scope of his functions and powers
must be carried out by other members of the crew, the passengers and all persons on
board.
The Master shall take necessary measures to protect the ship and all
persons on board, the documents, postal matters, the goods as well as other property
carried.
44
Article 39 The duty of the Master in the management and navigation of the
ship shall not be absolved even with the presence of a pilot piloting the ship.
45
Article 36 To ensure the safety of the ship and all persons on board, the
Master shall be entitled to confine or take other necessary measures against those who
have committed crimes or violated laws or regulations on board, and to guard against
their concealment, destruction or forging of evidence.
The Master, having taken actions as referred to in the preceding
paragraph of this Article, shall make a written report of the case, which shall bear the

62

3.

46
4.

signature of the Master himself and those of two or more others on board, and shall be
handed over, together with the offender, to the authorities concerned for disposition.
46
Article 37 The Master shall make entries in the log book of any occurrence
of birth or death on board and shall issue a certificate to that effect in the presence of
two witnesses. The death certificate shall be attached with a list of personal belongings
of the deceased, and attestation shall be given by the Master to the will, if any, of the
deceased. Both the death certificate and the will shall be taken into safe keeping by the
Master and handed over to the family members of the deceased or the organizations
concerned.

63

47
5.

48

47

Article 38 Where a sea casualty has occurred to a ship and the life and
property on board have thus been threatened, the Master shall, with crew members and
other persons on board under his command, make best efforts to run to the rescue.
Should the foundering and loss of the ship have become inevitable, the Master may
decide to abandon the ship. However, such abandonment shall be reported to the
shipowner for approval except in case of emergency.
Upon abandoning the ship, the Master must take all measures first to
evacuate the passengers safely from the ship in an orderly way, then make
arrangements for crew members to evacuate, while the Master shall be the last to
evacuate. Before leaving the ship, the Master shall direct the crew members to do their
utmost to rescue the deck log book, the engine log book, the oil record book, the radio
log book, the charts, documents and papers used in the current voyage, as well as
valuables, postal matters and cash money.
48
Article 40 Should death occur to the Master or the Master be unable to
perform his duties for whatever reason, the deck officer with the highest rank shall act as
the Master; before the ship sails from its next port of call, the shipowner shall appoint a
new Master to take command.

64

2.2 (The Norwegian Maritime Code of 24

June, 1994, No. 39)

6 2 12
1.




49
2.

50

49

Section 131 The master shall before a voyage begins ensure that the ship
is seaworthy, including that it is sufficiently equipped, manned and supplied with
provisions and in a proper condition for the reception, carriage and preservation of the
cargo. The master shall see that the cargo is properly stowed, that the ship is not
overloaded, that its stability is satisfactory and that the hatches are properly closed and
battened down.
During the voyage the master shall do everything in his or her power to keep
the ship in a seaworthy condition.
50
Section 132 The master shall ensure that the navigation and management
of the ship accords with good seamanship.

65

51
3.
52
4.





53
5.

The master shall, as far as possible in advance, acquaint him or herself

with the orders and regulations in force for shipping in the waters where the ship is to
trade and at the places where it is to call.
51
Section 133 The master is responsible for the keeping of the prescribed
ships books. Entries shall be made under the masters supervision.
52
Section 134 The master shall ensure that loading and discharge are
carried out and the voyage performed with due dispatch.
53
Section 135 If the ship is in distress, the master is duty bound to do
everything in his or her power to save those on board and to protect the ship and cargo.
The master shall if necessary see that the ships books and papers are brought to
safety, and as far as possible arrange for salvage of the ship and cargo.
Unless his or her own life is in considerable danger, the master must not
leave the ship as long as there is a reasonable prospect of its being saved.
As far as possible without serious risk to the ship or to those on board,
the master is duty bound to give all possible and necessary assistance to any person in
distress at sea or threatened by danger at sea.

66

Reder54
Maritime Directorate
55
6.

reder
55
Section 136 If the master is absent or is unable to perform his or her
duties, the senior mate present shall make such decisions as cannot be postponed.
If the master leaves the ship he or she must inform the senior mate
present or, if no mate is present, some other crew member, and give him the necessary
orders for dealing with eventualities.
When the ship is not moored in port or at anchor in a safe anchorage, the
master must not absent himself from the ship unnecessarily. The same shall apply under
dangerous circumstances.
If the master dies, or is prevented owing to illness or for any other
compelling reason from remaining in command of the ship, or if he or she leaves the
service, the senior mate shall take command until a new master has been appointed. In
such event the reder shall be notified without delay. If the mate is not qualified to
command the ship, the Maritime Directorate or the Foreign Office representative
concerned shall also be notified as soon as possible.
The provisions of this Section shall not affect the provisions of the
Certification Act.
54

Reder

67

56 reder

266 cf 33957
7.

56

Section 137 The master, in his capacity as such, has authority to enter into
contracts on behalf of the reder relating to the conservation of the ship or the
performance of the voyage and to make agreements for the carriage of goods on the
voyage, or of passengers if the ship is intended for that purpose. He or she can also act
as plaintiff in lawsuits relating to the ship.
If money is required for any purpose mentioned in the first paragraph
and the instructions of the reder cannot be awaited, the master shall seek to raise the
money in the most convenient way. He or she can then, according to the circumstances,
raise loans or pledge or sell goods belonging to the reder and even, in case of
necessity, pledge or sell cargo. Even if the transaction was unnecessary, the contract
shall nevertheless be binding if the third party acted in good faith.
57
Section 138 On behalf of the reder the master shall take care of the cargo
and generally protect the interests of the cargo-owner. For this purpose he or she may
without special authority enter into agreements and act as plaintiff in accordance with
the provisions of Section 266, cf. Section 339.

68

58
8.
59
60

2.3 (Maritime Code 1994)

58

Section 142 It is the duty of the master to convey seamen, whose

repatriation it is the Consuls responsibility to arrange, to their destination or to a port at
which the ship calls on its voyage, but only in such numbers and on such conditions as
the King shall determine. When not inconvenient, the master is bound without payment
to carry the funeral urns of, and any personal belongings left by, seamen who when they
died were Norwegian nationals or were resident in Norway.
Provided there are reciprocal arrangements, the King may extend these
provisions to apply also to foreign seamen (their urns and belongings) not covered by
the first paragraph.
59
Section 140 The master shall be liable to compensate any loss caused
through fault or neglect in his or her service pursuant to the general law of torts, cf.
Section 2-3 of Act Relating to Compensation in Certain Circumstances.
60
Section 139 The master shall not personally be liable for obligations which
he or she enters into in the capacity of master on behalf of the reder or cargo-owner.

69

61

1.

62
2.

61

Article 162 The crew and all other persons on board the ship shall be
under the command of the shipmaster.
The shipmaster shall be a citizen of the Republic of Croatia.
The shipmaster shall be appointed and relieved by the ship operator.
In case of death, prevention from exercising duties, or absence of the
shipmaster, his place with all his competency shall be taken by the highest ranking crew
member of the deck department who is a citizen of the Republic of Croatia.
62
Article 163 The shipmaster shall be responsible for the safety of the ship
and the law and order on board and, within the limits prescribed by this Law and other
rules, he shall be the representative of public authority on board and represent the ship
operator.

70

63
3.

64

63

Article 164 The shipmaster shall attend to the provision of the ship's
supplies, the ship's administration its maintenance, the maintenance and good condition
of the hull, machinery, installations and equipment of the ship, safety of the ship's
equipment for the embarkation and disembarkation of passengers and the handling of
dangerous and other cargoes, to the correct loading, stowage, carriage and unloading
of the cargo, the correct embarkation, accommodation and disembarkation of
passengers, and to the performance of any tasks in connection with the process of
work.
The shipmaster shall within the prescribed periods of time carry out boat
drills and exercises with other life-saving appliances and installations for detecting,
preventing and fighting fires.
The shipmaster shall be on board during the time of navigation.
Before the beginning of the voyage the shipmaster shall check the good
condition of the ship and the amount of supplies sufficient to make the anticipated
voyage possible and make sure that all the prescribed documents and books and crew
members are on board, and in case of the transport of passengers especially
establish whether all measures for the safety of passengers have been undertaken.
64
Article 165 The shipmaster or the deck officer of the watch in charge of
navigating the ship shall undertake any measure essential for the safety of the ship and
navigation.

71

4.

65

The shipmaster shall be in command of the ship in person whenever this

is required by the safety of the ship, and especially when the ship is entering a port,
channel or river or leaving them, as well as when visibility is limited
The presence of the pilot on board shall not exonerate the shipmaster
from responsibility for the navigation of the ship.
65
Article 166 In the event of incidents endangering the ship or the persons
on board, the shipmaster shall undertake every measure for the rescue of persons and
elimination of danger to the ship and things on board, as well as for the protection of the
surroundings.
If in the case referred to in paragraph 1 of this article it is necessary to
sacrifice the ship or damage the cargo or other things on board, the shipmaster shall
sacrifice or damage the cargo, other things or the ship's installations or equipment not
essential for navigation, or parts of the ship the sacrifice or damage of which will cause
a lower amount of loss to the ship operator and persons interested in the cargo on board
the ship.

72

66
5.



24
24

24

66

Article 167 If in the event of danger to the ship every measure taken to
save the ship has remained futile, and if the loss of the ship is unavoidable, the
shipmaster shall first of all take measures for the rescue of passengers and other
persons on board, remove the ship before sinking from the navigable waterway in the
internal waters if this is possible and give the abandon ship order.
In the case referred to in paragraph 1 of this article the shipmaster shall
take every measure necessary to save the ship's logbook, and if the conditions of the
event permit it, also measures to save other ship's books, documents, sea charts of the
voyage in question, and cash in the ship's safebox.
The shipmaster shall abandon the ship only when he has, within the
bounds of actual feasibility, taken every measure referred to in paragraphs 1 and 2 of
this article.

73

67
6.

67

Article 168 In case of an occurrence on board endangering the safety of

the ship or of navigation, or in case of an exceptional incident happening to the ship,
passengers, other persons, cargo or things on board, or if pollution by oil, dangerous
chemicals and noxious materials on the navigable waterway is noticed, the shipmaster
shall enter in the ship's logbook a description of the event, or remark on the pollution of
the navigable waterway without delay, and not later than within 24 hours.
The shipmaster referred to in paragraph 1 of this article shall submit a
report to the harbourmaster's office on the event referred to in that paragraph together
with the extract from the ship's logbook immediately after arrival, but not later than within
24 hours.
If the event referred to in paragraph 1 of this article occurred while under
way the shipmaster shall submit the report on the event, together with the extract from
the ship's logbook, within the period of time referred to in paragraph 1 of this article to
the harbourmaster's office at the ship's first port of call, or to the diplomatic or consular
mission of the Republic of Croatia if the ship is in a foreign country.
The shipmaster referred to in paragraph 1 of this article shall enter in the
ship's logbook the birth and death of any person on board, recording the place,
geographical position of the ship and the time of birth or death, and take the last will
deposition and this statement record in the ship's logbook, stating the time when the last
will deposition was taken.
The shipmaster shall make a written report in due form stating the fact of
birth or death and the taking of the last will deposition and submit it to the competent
body at the first domestic port of call, and in a foreign country to the nearest diplomatic
or consular mission of the Republic of Croatia.

74

68
7.

69

68

Article 169 The shipmaster shall transmit by telecommunication

information on any immediate danger to the safety of navigation he comes across,
especially if he notices any change on the navigable waterway referred to in article 159,
paragraph 1 point 2), of this Law, if he observes oil pollution, dangerous chemicals and
noxious materials, dangerous ice, perilous gale or any other immediate peril to
navigation, or a tropical storm, air temperature below the freezing point accompanied by
winds of gale force causing heavy accumulation of ice on the deck erections, or a wind
of force ten or more on the Beaufort scale for which no gale warning has been received.
The shipmaster shall make a note of the information transmitted referred
to in paragraph 1 of this article in the ship's logbook.
69
Article 170 If the ship meets with an accident or if a defect has been
discovered that has an influence upon
(1) The safety of the ship, or the efficiency or integrity of the life-saving
devices or other equipment,

75

8.

70

(2) The integrity of the ship, or the efficiency or integrity of the equipment
for the protection of the environment from pollution by oil, dangerous chemicals and
noxious liquid materials, the shipmaster or ship operator shall as soon as practicable
inform the Croatian register of ships, which will institute the procedure of ascertaining
whether an adequate survey of the ship is required.
If the ship is in the port of another contracting State of the corresponding
international convention, the shipmaster or ship operator shall also immediately inform
the adequate bodies of maritime administration of the State in the port of the ship's call.
The shipmaster or ship operator shall by the most urgent
telecommunications connection inform the maritime administration of the nearest coastal
State of the event in connection with the leakage or possible leakage of oil, noxious
liquid matter or release of noxious packed materials.
70
Article 171 In case of the imminent threat of war, the shipmaster shall take
every precaution that appears to be essential, especially with the view to saving the
ship, passengers, cargo and other property, as well as the ship's documents and books.
If a state of war sets in between the Republic of Croatia and another
State, the shipmaster shall take the necessary measures to protect from the enemy the
ship, persons, cargo and other property, as well as the ship's documents and books.
If the ship, in case the state of war has set in between other States in
which war the Republic of Croatia is neutral party, is in the port of a belligerent State, or
heading for the port of a belligerent State, or has to pass through the internal waters or

76

9.

71
10.

territorial sea of the belligerent State, the shipmaster shall ask the ship operator for
instructions, and if this is not possible instructions from the competent Croatian bodies.
71
Article 172 The shipmaster, representing the ship operator, is authorized
at a place outside the ship operator's home office for and on his behalf to enter into
salvage agreements and legal transactions indispensable for the completion of the
voyage, and at a place outside the ship operator's home office where there is no
authorized representative of the ship operator to enter into maritime navigation
contracts, apart from the time charter for the whole ship.
The shipmaster is authorized, in the capacity of the ship operator's
representative, to initiate with foreign court and administrative bodies proceedings
intended to protect the ship operator's rights and interests in transactions referred to in
paragraph 1 of this article and in these proceedings undertake procedural actions.
If the ship operator places restrictions on the legal authorization of the
shipmaster, these restrictions shall have no legal effect upon third parties unaware of
them or who could not under the circumstances be aware of them.

77

72
11.

73

72

Article 173 The shipmaster is authorized and obliged to give to all persons
on board orders intended to make the ship and its navigation safe, and to maintain law
and order on board, and to supervise the enforcement of the orders given.
In order to maintain law and order and safety on board the shipmaster is
allowed to keep the necessary firearms on board, while the crewmen are not allowed to
have weapons on board.
73
Article 174 It is within the shipmaster's competence to restrict the freedom
of movement on board during the voyage of any person seriously endangering the
safety of the ship, of the crew members and other persons, the things on board and the
environment by oil pollution, dangerous chemicals or noxious materials.
The freedom of movement shall be restricted only if it is imperative for the
safety of the passengers and other persons and things on board or for the protection of
the ship or the environment, and shall for a foreign citizen or stateless person last not
longer than by the ship's arrival at the first port of call, and for the citizen of the Republic
of Croatia not longer than by the arrival of the ship at the first Croatian port.
The measures referred to in paragraphs 1 and 2 of this article shall be
recorded with comment in the ship's logbook.

78

12.

74


75
13.

74

Article 175 It is within the competence of the shipmaster to suspend the

crew member who endangers the safety of navigation, and if circumstances require to
disembark him and repatriate him (Article 154)
75
Article 176 The shipmaster has the right, in case of need and for its
duration, to reduce the ration of food and water for all the persons on board in order to
rationalize the use of the existing food and water supplies on board.
The measures referred to in paragraph 1 of this article shall be recorded
with comment in the ship's logbook.

79

76
14.

76

Article 177 If in the course of the voyage a crew member, passenger or

any person on board commits a criminal offence, the shipmaster shall, according to the
circumstances, take measures necessary to prevent or mitigate the occurrence of
harmful consequences of the offence and bring the perpetrator to book. If there is risk of
the perpetrator's repeating the offence or of his escaping, the shipmaster shall have the
perpetrator's freedom of movement on board restricted or have him arrested, have by
the examination of the perpetrator, witnesses, eye-witnesses and injured parties all the
circumstances under which the offence has been committed and the resulting
consequences, established a protocol on each hearing made, the Articles on which or
by which the offence has been made or on which the traces of the offence made are
visible placed in safe custody as material evidence, and other measures taken in order
to establish the circumstances under which the criminal offence has been committed.
If the ship is in a foreign country, the shipmaster shall submit a report on
the criminal offence committed to the diplomatic or consular mission of the Republic of
Croatia in the State whose port the ship has entered. The shipmaster shall deal with the
perpetrator of the criminal offence in compliance with the instructions of the diplomatic
or consular mission of the Republic of Croatia.
After arrival at the first Croatian port of call the shipmaster shall hand
over the perpetrator of the criminal offence to the body of internal affairs in that port with
the written report on the criminal offence committed and protocols and Articles referred
to in paragraph 2 of this article.
The measures referred to in paragraphs 2 and 4 of this article shall be
recorded with comment in the ship's logbook.

80

trusteeship body77

78

77

Article 178 If any member of the ship's crew arbitrarily abandons the ship
in port the shipmaster shall report this abandonment to the harbourmaster's office.
The shipmaster shall make up a protocol and establish what things and
documents belonging to the crew member who has arbitrarily abandoned the ship have
been left on board. The protocol shall be made up in the presence of two witnesses, and
signed by the shipmaster and the witnesses.
The shipmaster shall enter in the ship's logbook a note on the arbitrary
abandonment of the ship and on the things of the crew member left on board and of
their delivery to the competent Croatian body.
The body in the port receiving the personal things and documents of the
crew member who has arbitrarily abandoned the ship shall deliver them to his nearest
family or his parents, and if this is not possible to the person appointed by the
competent trusteeship body.
78
Article 179 The crew member shall be considered as arbitrarily
abandoning the ship if he has not come back on board by the time of the ship's
departure from the port.
If the crew member has been prevented from returning to the ship by the
time of the ship's departure from the port he shall be considered as arbitrarily
abandoning the ship if he does not report to the body referred to in article 178,
paragraph 1, of this Law within three days from the day when the hindrance has been
removed

81

2.4 (maritime code of Vietnam 2006)

2006 1
.. 2006 Vietnam Maritime Code 1990
3




79

2.4.1
1.

80

79

Article 49
(1) The master shall exercise the highest command on board a seagoing
vessel and commands the vessel on the single-leader regime. All persons on board the
seagoing vessel must obey the orders of the master.
(2) The master shall comply with the direction by the shipowner or charterer
or operator of the vessel
80
Article 50
(1) To organize management and operation of the seagoing vessel
according to the provisions of law.

82

2.

81
3.



82

(2) To take due care that the seagoing vessel be seaworthy in every
respect, comply with professional standards of seamanship and regulations on
equipment, ship hull, adequate provisions, proper manning and other matters relating to
marine navigation safety for the vessel and persons on board before the
commencement of and during a voyage.
(5) To take all necessary measures to protects the seagoing vessel, persons
and other property on board.
81
Article 50
(3) To pay due attention that the cargo is loaded, arranged and preserved
on board and unloaded from the vessel in a reasonable way, despite that these jobs are
assigned to responsible persons or performance.
(4) To take due care that the cargo on board the seagoing vessel be neither
damaged nor lost; take necessary measures to protect the interests of persons with
interests in the cargo; make use of all means possible to notify such persons of special
events relating to the cargo.
82
Article 50

83

4.


83
5.

84

(10) To personally operate the seagoing vessel to leave, enter a port, a

canal, a marine navigable channel and when it is in seaport waters or upon the
occurrence of difficult and dangerous circumstances.
(11) To use pilots, tugboats in cases provided for by law or to ensure for
his/her seagoing vessel.
The employment of a pilot shall not relieve the master of the obligation
set out in Clause 9 of this Article.
83
Article 50
(6) Where the port of delivery of cargo or disembarkment of passengers is
blockaded, in danger of war or in another state of emergency, to direct the seagoing
vessel to the nearest safe port and take all necessary measures to protect the vessel,
persons and property on board and documents of the vessel.
84
Article 50
(7) Where the seagoing vessel is threatened with sinking or destruction, to
make use of all available possibilities to save first passengers and then crewmen.
(8) The master must be the last to leave the seagoing vessel after he/she
has made use of all means possible to save the logbooks, charts and other important
documents of the vessel.

84

6.

85
7.

86

(9) Not to leave the seagoing vessel when it is in peril, except for cases
where it is extremely necessary to leave the vessel.
85
Article 50
(13) To organize search and rescue of persons in peril at sea if the
performance of this obligation does not cause any serious danger to his/her seagoing
vessel and persons on board. The shipowner shall not be held responsible for the
masters failure to perform the obligation set out in this Clause.
86
Article 52
(1) For each case of birth or death and other related occurrences on board
the seagoing vessel, to make entries in the vessels logbook and make a minute thereon
in the presence of the vessels medical person and two witnesses; to keep in good
conditions the body of the deceased, make an inventory list of, and preserve his/her
property.
(2) To report births or deaths occurring on board the seagoing vessel and
send testaments and inventory lists of property of the deceased to the competent civil

85

8.

(public-duty vessel of the Vietnamese peoples armed forces)

87

status agency in the first Vietnamese seaport at which the vessel calls or to the
Vietnamese diplomatic mission or consulate in the nearest place if the vessel calls at a
foreign seaport.
(3) After having tried all means possible to ask for instructions of the
shipowner ad for opinions of the relatives of the deceased, the master shall, in the name
of the shipowner, carry out necessary procedures and bury the deceased. All costs
incurred from the burial shall be paid in accordance with the provisions of law.
87
Article 53
1. Upon detecting criminal acts committed on board the seagoing vessel,
the master shall have the following responsibilities
a/ To take all necessary measures to stop such acts and draw up files
as provided for by law;
b/ To protect evidence and, depending on the practical conditions, hand
over the offenders together with relevant files to a public-duty vessel of the Vietnamese
peoples armed forces encountered on the sea, or to inform such acts to the nearest
Vietnamese diplomatic mission or consulate and to follow the instructions given by such
agency, if the seagoing vessel calls at a foreign port.

86

9.

88
10.

89

sea protest90 24

2. In case of necessity to protect the safety and order of the seagoing

vessel, persons and cargo on board, the master may confine to a separate
compartment any person who has committed criminal act.
88
Article 54
(1) Upon arrival of the seagoing vessel at a foreign port, if necessary, the
muster must notify the nearest Vietnamese diplomatic mission or consulate of the
vessels arrival.
(2) The master shall have to produce the seagoing vessels certificate and
documents if it is so requested by such Vietnamese diplomatic mission or consulate.
89
Article 55 Immediately after the occurrence or detection of a marine
accident or another occurrence relating to marine navigation safety in the area where
the seagoing vessel is operating, the master shall have to report it to the nearest
competent state agency and make a report thereon according to regulations.
90
Sea protest

Article 56(1)

87

sea protest
91
2.4.2.
1.

92
2.

91

Article 56(2) When the seagoing vessel, persons or cargo on board are
damaged or lost or suspected to be damaged or lost on account of an accident or
incident, the master must make a sea protest and within twenty four hours after the
accident occurs or after the vessels arrival at the first port after the accident occurs
submit the sea protest to a competent state agency specified in Clause 3 of this Article
for certification of this submission.
92
Article 51
(1) To represent the shipowner and persons with interests in the cargo
handling matters relating to the navigation of the seagoing vessel and the management
of the vessel and cargo on board.
(2) To perform in the name of the shipowner and the persons with interests
in the cargo legal acts within the scope of work set out in Clause 1 of this Article, while
away from the port of registration, possibly initiate lawsuits and participate in legal
proceedings before court or arbitration, unless the shipowner or persons with interests in
the cargo declare limitation of part of the whole of this power.

88

93
3.

93

Article 51
(3) To refuse to let the vessel commence the voyage if he/she deems that
the vessel fails to meet all conditions for marine navigation safety, marine navigation
security and prevention of environment pollution.
(5) To borrow on behalf of the shipowner in necessary cases credits or
money in cash within the limit sufficient for repair of the seagoing vessel,
supplementation of crew, provision for the vessel or for satisfying other needs so that the
voyage can be continued.
(6) To sell superfluous appurtenances or surplus reserves of the seagoing
vessel within the limit set out in Clause 5 of this Article when it is inexpedient or
impossible to wait for funds or instructions from the shipowner.
(7) During a voyage, if means necessary for its completion cannot be
obtained in any other way, after having by all means sought instructions from the
charterer and the shipowner but in vain, to pledge or sell part of the cargo. In this case,
the master must minimize the damage to the shipowner, the charterer and persons with
interests in the cargo.

89

94
4.

95
5.

96

94

Article 51(8) Where on a seagoing vessel, during a voyage, the reserved

food and provisions have run out, to requisite part of the cargo being food and
provisions carried on board, and in the case of utmost necessity, to requisite food and
provisions of persons on board. This requisition must be recorded in a minute. The
shipowner shall have to compensate for the food and provisions requisited.
95
Article 51(9) Where the seagoing vessel is in a peril at sea, to request
rescue, and after consultation with the vessels which come for assistance, to designate
which vessel to render salvage.
96
Article 51(4) To apply various commendatory forms or disciplinary
measures to crewmen under his/her command; to refuse to recruit or force to leave
his/her ship crewmen who are not qualified in their job titles or commit law-breaking
acts.