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ENFORCEMENT DECREE OF THE VESSEL TRAFFIC SERVICES ACT

Presidential Decree No. 30752, jun. 2, 2020

Amended by Presidential Decree No. 30876, Jul. 28, 2020

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Vessel Traffic Services Act and matters necessary for the enforcement thereof.
 Article 2 (Education and Training for Vessel Operators)
(1) Details of education and training under Article 5 (1) of the Vessel Traffic Services Act (hereinafter referred to as the “Act”) shall be specified in attached Table 1.
(2) The owner of a vessel may entrust education and training under Article 5 (1) of the Act to institutions falling under any of the following subparagraphs:
1. Vessel traffic service centers under Article 11 (3) of the Act (limited to cases where vessels engaging in construction, operation and investigation in vessel traffic service areas);
2. Educational institutions determined and publicly notified by the Commissioner General of Korea Coast Guard among designated educational institutions under subparagraph 4-3 of Article 2 of the Ship Personnel Act;
3. The Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act.
 Article 3 (Master Plans for Vessel Traffic Services)
(1) Where necessary to formulate a master plan for vessel traffic services under Article 8 (1) of the Act (hereinafter referred to as “master plan”), the Commissioner General of Korea Coast Guard may request the submission of materials, the presentation of opinions, or the provision of other necessary cooperation regarding the following matters pursuant to paragraph (5) of the same Article:
1. The current status of the volume of maritime traffic, movement routes of vessels and marine casualties in his or her jurisdiction;
2. The current status of and a plan for installation and operation of radio equipment, such as radar, very high frequency radiotelephones and the automatic identification system in his or her jurisdiction;
3. The current status of and a plan for installation and operation of facilities at which a vessel is poised to berth or moor;
4. The necessity of implementing vessel traffic services in his or her jurisdiction;
5. Other matters deemed necessary by the Commissioner General of Korea Coast Guard for formulating the master plan.
(2) Where the Commissioner General of Korea Coast Guard intends to formulate or modify the master plan, he or she shall refer the plan to the Coast Guard Committee under Article 5 (1) of the Coast Guard Act for deliberation.
 Article 4 (Implementation Plans for Vessel Traffic Services)
(1) An implementation plan for vessel traffic services under Article 9 (1) of the Act (hereinafter referred to as "implementation plan") shall include the following matters:
1. Matters concerning detailed action plans of the master plan by year;
2. Matters examined the necessity to modify and supplement the master plan;
3. Other matters deemed necessary by the Commissioner General of Korea Coast Guard for implementing the master plan.
(2) Article 3 (1) shall apply mutatis mutandis to requests for the submission of materials, the presentation of opinions, or the provision of other necessary cooperation. In such cases, “Article 8 (1) of the Act” shall be deemed “Article 9 (1) of the Act”, “master plan” as “implementation plan” and “paragraph (5) of the same Article” as “paragraph (2) of the same Article”, respectively.
(3) Where the Commissioner General of Korea Coast Guard has amended the master plan, he or she shall reflect such amendment to the implementation plan.
 Article 5 (Publication of Master Plans and Implementation Plans)
The Commissioner General of Korea Coast Guard shall publish the master plan and the implementation plan by publicly notifying them in the Official Gazette pursuant to Article 10 (2) of the Act.
 Article 6 (Criteria for the Declaration of Vessel Traffic Service Areas)
The Commissioner General of Korea Coast Guard shall declare vessel traffic service areas by taking into consideration the volume of maritime traffic and movement routes, etc. within the scope of effective radar detection among the following waters pursuant to Article 11 (2) of the Act:
1. Water zone, etc. of a trade port under subparagraph 2 of Article 2 of the Act on the Arrival and Departure of Ships;
2. Specific sea areas for traffic safety under Article 10 of the Maritime Safety Act;
3. Costal sea areas under subparagraph 2 of Article 2 of the Coast Management Act;
 Article 7 (Regulations on Vessel Traffic Services)
(1) Regulations on vessel traffic services under Article 12 (1) of the Act shall include the following matters:
1. The names of vessel traffic service centers under Article 11 (3) of the Act (hereinafter referred to as “vessel traffic service centers);
2. Method of VTS (vessel traffic service) communications at the time vessels required to participate in vessel traffic services under Article 13 of the Act (hereinafter referred to as “vessel required to participate in VTS”) are moving in vessel traffic service areas or a pilot embarks on or disembarks from such vessels;
3. Matters concerning the control of vessel in adverse weather or restricted visibility;
4. Other matters deemed necessary by the Commissioner General of Korea Coast Guard for the safety of maritime traffic.
(2) Where the Commissioner General of Korea Coast Guard enacts or amends the regulations on vessel traffic services under Article 12 (1) of the Act pursuant to Article 12 (1) of the Act, he or she shall publicly notify thereof in the Official Gazette.
 Article 8 (Reporting on Vessel Required to Participate in VTS)
(1) The master of a vessel required to participate in VTS shall report on the contents specified in any of the following subparagraphs to vessel traffic service centers pursuant to Article 14 (3) of the Act: <Amended by Presidential Decree No. 30876, Jul. 28, 2020>
1. Entry report: where a vessel enters into a vessel traffic service area:
(a) The name and call sign of the ship and passing location;
(b) Estimated time of arrival at a port, arrival time and arrival location where a vessel enters into anchorages under subparagraph 5 (a) (i) of Article 2 of the Harbor Act (hereinafter referred to as “anchorage”) or mooring facilities under subitem (iv) of the same item (hereinafter referred to as “mooring facility”) in vessel traffic service areas;
(c) Other matters prescribed by the Commissioner General of Korea Coast Guard;
2. Departure report: where a vessel departs from a vessel traffic service area:
(a) Vessel name, and passing location;
(b) Estimated time of departure from a port, departure time and departure location where a vessel departs from anchorages or mooring facilities in vessel traffic service areas;
(c) Other matters prescribed by the Commissioner General of Korea Coast Guard.
(2) Matters regarding the procedures for, details of and methods of filing a report pursuant to Article 1 shall be determined and publicly notified by the Commissioner General of Korea Coast Guard by vessel traffic service area.
 Article 9 (Specifications of VTS communications)
The Commissioner General of Korea Coast Guard shall publicly notify specifications of VTS communications by vessel traffic service centers including the following matters pursuant to Article 14 (6) of the Act:
1. Call sign;
2. Facility for VTS communications;
3. Communication channel for distress, emergency and safety;
4. Channel for VTS communications;
5. Operation time.
 Article 10 (Recording of VTS communications)
(1) "Vessels prescribed by Presidential Decree" in Article 15 (1) of the Act means vessels required to participate in VTS which fall under any of the following subparagraphs:
1. Any of the following vessels engaged on an international voyage:
(a) A vessel can transport at least 13 passengers;
(b) A vessel with a gross tonnage of at least 3,000, other than that falling under item (a);
2. A passenger ship with a gross tonnage of at least 300, which is used for maritime passenger transportation services under Article 4 of the Marine Transportation Act and engaged on a domestic voyage.
(2) Vessel traffic service centers and the masters of a vessel under any subparagraph of Article 1 (hereinafter referred to as “vessel traffic service center, etc.”) shall record VTS communications under Article 14 (4) of the Act and retain such communications with the date and time thereof.
(3) Where a vessel traffic service center, etc. intends to record VTS communications pursuant to Article 2, it shall use electronic means: Provided, That where it is impossible to record VTS communication by using electronic means due to temporary malfunction of recording facilities for VTS communications, it may substitutes such recording by hand-writing.
(4) The period of retention of information under paragraphs (2) and (3) shall be 60 days: Provided, That where necessary for investigations and inquiries into marine accidents, such period may be extended in accordance with the criteria determined and publicly notified by the Commissioner General of Korea Coast Guard.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the recording, retention, etc. of VTS communications of vessel traffic service center shall be determined by the Commissioner General of Korea Coast Guard.
 Article 11 (Training and Assessment of Vessel Traffic Service Operators)
(1) A public official intends to be a vessel traffic service operator shall have completed basic training for vessel traffic service operators the contents of which are theoretical and practical training (hereinafter referred to as “basic training”) and be qualified by an assessment pursuant to Article 16 (2) of the Act.
(2) A vessel traffic service operator shall have completed revalidation training for vessel traffic service operators the contents of which are theoretical and practical training (hereinafter referred to as “revalidation training”) in any of the following trainings within five years and six months from the date of completion of the most recently completed training and be qualified by the assessment pursuant to Article 16 (3) of the Act: Provided, That where he or she is unable to receive the continuing training due to unavoidable circumstances, such as calamity or disaster, the Commissioner General of Korea Coast Guard may extend the period for receiving such continuing training by up to one year:
1. Basic training;
2. Revalidation training;
3. Other training determined by the Commissioner General of Korea Coast Guard.
(3) The understanding of theoretical and practical training and the degree of participation in such training are the subjects of the assessment under paragraphs (1) and (2) and the average score of the assessment of theoretical and practical training and the degree of participation in such training shall be at least 60 to pass the assessment: Provided, That where there is an assessment score of less than 40, he or she fails the assessment and such person may be re-assessed.
(4) Detailed matters concerning the training and assessment under paragraphs (1) through (3) shall be determined by the Commissioner General of Korea Coast Guard.
 Article 12 (Support for Technical Development)
The Commissioner General of Korea Coast Guard may, within budgetary limits, support fully or partially subsidize the expenses incurred in any of the following matters for the purpose of technical development of VTS equipment pursuant to Article 23 of the Act:
1. Analysis of domestic and foreign trends in technical development related to VTS equipment;
2. Research and technical development related to the improvement of the performance of VTS equipment;
3. Surveys, research and technical development for the localization of VTS equipment;
4. Other matters deemed necessary by the Commissioner General of Korea Coast Guard for the technical development of VTS equipment.
 Article 13 (Korea Vessel Traffic Service Association)
(1) “Projects prescribed by Presidential Decree” in Article 24 (3) 7 of the Act means the following projects:
1. Gathering and analysis of materials and information on vessel traffic services;
2. Public relations of and the issuance of publications on vessel traffic services;
(2) Where the Commissioner General of Korea Coast Guard provides financial support to the Korea Vessel Traffic Service Association under Article 24 (1) of the Act pursuant to Article 24 (4) of the Act, he or she may request the submission of materials to verify the operating status of the relevant project.
 Article 14 (Delegation and Entrustment of Authority)
(1) The Commissioner General of Korea Coast Guard shall delegate the following authority to the Commissioner of a Regional Coast Guard pursuant to Article 25 (1) of the Act:
1. Implementing vessel traffic services under Article 11 (1) of the Act;
2. Authority to impose and collect administrative fines under Article 27 (1) and (2) of the Act.
(2) The Commissioner General of Korea Coast Guard shall entrust his or her affairs concerning the training and assessment under Article 16 (2) and (3) to specialized training organizations pursuant to Article 25 (2).
 Article 15 (Imposition of Administrative Fines)
The criteria for imposition of administrative fines under Article 27 (1) and (2) of the Act shall be as specified in attached Table 2.
ADDENDA <Presidential Decree No. 30752, Jun. 2, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2020.
Article 2 (Transitional Measures concerning Training and Assessment of Vessel Traffic Service Operator)
(1) A person who has completed a training prescribed by Ordinance of the Ministry of Oceans and Fisheries pursuant to the previous provisions of Article 36-2 (1), (3), and (4) of the Maritime Safety Act and previous provisions of Article 21 (1) and (3) of the Act on the Arrival, Departure of Ships and is qualified by an assessment before this Decree enters into force shall be deemed a person who has completed such training and is qualified by such assessment pursuant to Article 11.
(2) Where a training prescribed by Ordinance of the Ministry of Oceans and Fisheries pursuant to the previous provisions of Article 36-2 (1), (3), and (4) of the Maritime Safety Act and previous provisions of Article 21 (1) and (3) of the Act on the Arrival, Departure of Ships is ongoing, such training shall be deemed the training pursuant to the Article 11.
Article 3 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
Dispositions of the imposition of administrative fines for acts violating the previous provisions of Article 36 (4) through (6) of the Maritime Safety Act and the previous provision of Article 22 of the Act on the Arrival, Departure of Ships before this Decree enters into force shall not be included in counting the number of violations under attached Table 2.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.