Recommendations to enhance ship and port facility security under isps code inquang ninh port area

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MINISTRY OF TRANSPORTATION – MINISTRY OF EDUCATION & TRAINING
VIETNAM MARITIME UNIVERSITY
STUDENT NAME: VU PHUONG THAO
DISSERTATION
GLOBAL STUDIES AND MARITIME AFFAIRS
RECOMMENDATIONS TO ENHANCE
SHIP AND PORT FACILITY SECURITY
UNDER ISPS CODE IN QUANG NINH
PORT AREA
HAI PHONG – 2015
MINISTRY OF TRANSPORTATION - MINISTRY OF EDUCATION & TRAINING
VIETNAM MARITIME UNIVERSITY
STUDENT NAME: VU
PHUONG THAO
CLASS: GMA0301
STUDENT ID: 49825
DISSERTATION
GLOBAL STUDIES AND MARITIME AFFAIRS
RECOMMENDATIONS TO ENHANCE SHIP AND
PORT FACILITY SECURITY UNDER ISPS CODE IN
QUANG NINH PORT AREA
Supervisor: MSc. Hoang Thi Lich
Division: Global Studies and Maritime Affairs
Faculty: Economics
HAI PHONG – 2015
Recommendations to enhance ship and port facility security under ISPS code in Quang Ninh
port area
PREFACE
In the modern world where security has become one of the top topic attracting much
attention of the public, it is very necessary for each country and region to identify
specific threats probably happening in order to propose appropirate methods and
plan to avoid and response to emergency situation.
Inspired by this necessity of the issue, I decided to do the research about Ship and
Port Facility Security under ISPS code in Quang Ninh Port Area, since the
scope is in strong realtion to where I had my final internship, Maritime
Administration of Quang Ninh. After researching, I desire to recommendation to
improve the security there with the ambition to get a port area that is free from
threats and friendly to all vessels and passengers visiting.
I declare that this report is my own unaided work. It has not been submitted
before.
If violated, I am solely responsible for and bear the punishments of the International
School of Education and Vietnam Maritime University.
Student
Vu Phuong Thao
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Recommendations to enhance ship and port facility security under ISPS code in Quang Ninh
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ACKNOWLEDGEMENT
I truly desire to describe my progress in knowledge, skills and experience when
completing this disseration. Researching about the topic Recommendations to
enhance ship and port facility security under ISPS code in Quang Ninh area
not only helped me to enrich my knowledge in the field of maritime security but
also trained me to manage time, deal with other organizations, get used to process
of making dissertaion and link theory and practice. I have known how to organized
my schedule properly to meet the deadlines, how to get access to the Maritime
Administration of Quang Ninh as well as how to write a disseration with suitable
format and content.
I wish to sincerely express my grattitude to MSc. Hoang Thi Lich, Deputy Head of
Global Studies & Maritime Affairs Division, for suppying me with clear guidance
and helpful advices that kept me on the right track throughout the whole course.
I also would like to thank Mr. Nguyen Van Phuc, Director of Maritime
Administration of Quang Ninh, for giving me the internship there, and Mr. Hoang
Van Hoan, Head of Maritime Safety and Inspection Division, for directly
instructing me and giving practical comments on my dissertation.
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TABLE OF CONTENTS
PREFACE.................................................................................................................i
ACKNOWLEDGEMENT......................................................................................ii
TABLE OF CONTENTS.......................................................................................iii
LIST OF ABBREVIATIONS.................................................................................v
LIST OF TABLES.................................................................................................vi
LIST OF FIGURES..............................................................................................vii
INTRODUCTION...................................................................................................1
Necessity...............................................................................................................1
Research object....................................................................................................2
Research scope.....................................................................................................2
Research methodology.........................................................................................2
Research findings.................................................................................................3
CHAPTER 1: LITERATURE REVIEW..............................................................4
1.1 Overview of maritime security......................................................................4
1.2 Maritime security under ISPS code..............................................................5
1.2.1 Introduction to ISPS code.........................................................................5
1.2.2 Security levels...........................................................................................5
1.2.3 Application................................................................................................6
1.2.4 Ship security..............................................................................................6
1.2.5 Port facility security..................................................................................9
1.2.6 Regulations in Vietnam...........................................................................10
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CHAPTER 2: EVALUATION OF SHIP AND PORT FACILITY SECURITY
UNDER ISPS CODE IN QUANG NINH PORT AREA....................................12
2.1 Overview of Quang Ninh port area............................................................12
2.1.1 Port facilities and port access channels...................................................12
2.1.2 Maritime throughput at Quang Ninh port area from 2010 to 2014..........16
2.2 Ship and port facility security in Quang Ninh port area..........................17
2.2.1 Party in charge of ship and port facility security in Quang Ninh port area
.........................................................................................................................18
2.2.2 Current status of maritime security at Quang Ninh ports area.................20
2.3 Evaluation of ship and port facility security at Quang Ninh ports area..31
2.4.1 General evaluation..................................................................................31
2.4.2 Evaluation ship and port facility security under ISPS code in Quang Ninh
ports area..........................................................................................................32
CHAPTER 3: RECOMMENDATIONS TO ENHANCE SHIP AND PORT
FACILITY SECURITY UNDER ISPS CODE IN QUANG NINH PORT
AREA..................................................................................................................... 36
3.1 Compliance with ISPS code and regulations in Vietnam..........................36
3.2 Implementation of the procedure...............................................................37
3.3 The cooperation of related organizations...................................................37
3.4 Human resources.........................................................................................38
CONCLUSION......................................................................................................39
REFERENCE........................................................................................................41
APPENDIX............................................................................................................43
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LIST OF ABBREVIATIONS
IMO International Maritime Organization
ISPS International Ship and Port Facility Security Code
PFSA Port Facility Security Assessment
PFSO Port Facility Security Officer
PFSP Port Facility Security Plan
SSA Ship Security Assessment
SSP Ship Security Plan
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LIST OF TABLES
Table 1.1 Three approaches defined by RAND.........................................................4
Table 1.2 Security levels under the ISPS code..........................................................5
Table 1.3 List of Vietnam regulations adopting the ISPS code...............................11
Table 2.1 List of terminals in Quang Ninh port area...............................................13
Table 2.2 List of port access channels in Quang Ninh area.....................................15
Table 2.3 Maritime output at Quang Ninh ports area from 2010 to 2014................16
Table 2.4 Role of human resource of Maritime Safety and Inspection Division.....19
Table 2.5 Details of trafficking in Quang Ninh port from 2010 to 2015.................22
Table 2.6 List of seaports in Quang Ninh implementing the ISPS code..................23
Table 2.7 Details of pilferage in Quang Ninh port from 2011 to 2013....................30
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LIST OF FIGURES
Figure 2.1 Volume of sea-going vessels through Quang Ninh port area from 2010 to
2014......................................................................................................................... 16
Figure 2.2 Volume of cargo through Quang Ninh port area from 2010 to 2014......16
Figure 2.3 Volume of passengers through Quang Ninh port area from 2010 to 2014
................................................................................................................................ 17
Figure 2.4 Organization chart of Maritime Administration of Quang Ninh.............18
Figure 2.5 Process of Ship Security Plan approval..................................................21
Figure 2.6 Process of port facility security assessment............................................24
Figure 2.7 Process of port facility security plan approval........................................25
Figure 2.8 Number of pilferage cases in Quang Ninh port area from 2010 to 2014 29
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INTRODUCTION
Necessity
In the modern era, maritime economic has been growing its important role in the
human life. The very first benefit it brings about is transportation that is recognized
as Silk Road on the sea, handling approximately 90 per cent of commercial
merchandise of the international trade. This way of transportation guarantees cargo
movement within a region or even from continent to continent. The relatively low
cost, in comparison with other modes of product shipping, boost up the mass
production, particularly outsourcing activity of numerous firms that allows a
worldwide products distribution. Apart from economics, maritime development has
many benefits in larger fields. The sea accounts for three-quarter of the global area
on the Earth; therefore, taking control of the sea brings much greater power than
land power does. This special territory not only provides a new economic space but
also create a new trend of science, technology research in exploring and exploiting
natural resources for fuel, materials, energy, food and living space in the near
future. However, as a large area with low population density, the sea turns out to be
a very vulnerable destination where various threats to individuals, organizations and
even governments may occur. Once these threats happen, they are likely to cause
severe damages in different aspects. This is the reason why offshore security has
become as a widely concerned topic all over the world.
As a nation with the coastline of over 3,000 km, Vietnam is also concern about the
matter of maritime security. According to UNCLOS 1982, the sea area of Vietnam
is up to 1 million km2 together with approximately 3,000 islands, 48 bays and more
than 100 river entrances. In term of population, 29 cities and provinces are located
nearby the sea with the population of over 20 million people. In addition, there are a
wide range of economic activities are currently happening there such as port
operation, fishery, tourism, salt production, and so on. Therefore, the sea has a
strong connection to Vietnamese in various fields, which requires a thoughtful care
for a comprehensive and secured development in a long run.
Being connected to one of the most principal trade routes on the sea that passing
Strait of Malacca, is an advantage but also a disadvantage to Vietnam. To the
positive side, this route serves the majority of global shipment, hence, the volume of
cargo are likely through Vietnam can be really high. According to CIEM –
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Information & Data Center, this figure may double or triple in the few decades.
Furthermore, being next to giant hubs of the world like Singapore, Shanghai and
Hong Kong, transmitting port of Vietnam are usually busy with fleets on the route
to/from those destinations. Nevertheless, this also has a number of drawbacks since
Strait of Malacca has been well known as an unstable location in the field of safety
and security. This is where serious piracy and other types of threats are very pro-
active, thus the possibility that this issues may spread and have negative impacts on
Vietnam maritime is comparatively high.
The economic feature is emphasized together with the maritime security, since only
when the security is guaranteed; the economics has a concrete basis to develop and
attracts interest of investors. Especially at this point of time when maritime
transportation has been increasingly popular and essential, the issue of pirates,
armed – pilferage on board the ships become a global phenomenon. Recently, the
frequency of pirate attacks in the Southeast Asia has been rose noticeably, raising a
great concern within not only domestic maritime association but also all over the
world.
Research object
The dissertation is subjected to maritime security at Quang Ninh port area,
including ship security and port facility security on the perception of Governmental
authorities. From the perspective of the authorities bodies, ship and port facility
security is a flow including adopting International Conventions and Vietnam Laws,
issueing official process to assure maritime security in related units and inpection
the implementation of those units such as ship companies and port operator.
According to this fact, the dissertation is subjected to study, analyze and evaluate
the whole flow before giving some recommendations to improve the working
procedures in terms of ship and port facility security of governmental bodies in
Quang Ninh port area.
Research scope
o Time: 2010 – 2015
o Area: Quang Ninh port area
Research methodology
In order to accomplish this target, the research is carried out under the process as
below:
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 Summarize systematically all processes ang performances of maritime
security at identified area (namely: Quang Ninh ports area)
 Analyze and evaluate the maritime security status at Quang Ninh port area
 Propose some recommendation in order to enhance ship and port facility
security at Quang Ninh ports area on the basis of mentioned evaluation.
Research findings
After researching, I managed to collect, organize and analyze information about
process of ship and port facility security performance in Quang Ninh port area. In
addition to that, the disseration also reports figures related to result of ship and port
facility security of this province since 2010. On the basis of these data, the study
was continued with evaluating and recommending the topic on the four criteria:
compliance with ISPS code and Vietnam regulations, implementation of proposed
procedure, cooperation of related organizations, and human resources.
The main content of this dissertation include three chapters as below:
Chapter 1: Literature review
Chapter 2: Evaluation of ship and port facility security at seaports of Quang Ninh
under ISPS code
Chapter 3: Recommendations to enhance ship and port facility security under ISPS
code at seaports of Quang Ninh
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CHAPTER 1: LITERATURE REVIEW
1.1 Overview of maritime security
Maritime security became an international issue, drawing numerous attention of the
global public, when it has been listed as a mission of Maritime Safety Committee
(MSC) of the International Maritime Organization (IMO). First of all, in order to
evaluate the issues properly, it is necessary to figure out what maritime security
means. Although there has been no universal legal definition for this term so far,
experts attempt to clarify its inner factors, namely the threats causing violation to
maritime security. According to Tom Kelly, the acting assistant secretary in the
Political-Military Affairs of the U.S.A, maritime security is the act to ensure that the
ocean is free from threats[CITATION Kel14 \l 1033 ]. These threats are supposed
to consist of inter – state disputes, maritime disputes, piracy, trafficking,
proliferation, illegal fishing, environmental crimes, maritime accidents and disaster
[ CITATION Chr14 \l 1066 ]. Therefore, maritime security covers all the activities
handling the dangers mentioned above. In addition, RAND corporation announced
that there are three possible tiers threatening to the maritime security, namely:
Table 1.1 Three approaches defined by RAND
Tier Name Threats
I Non – state threats Piracy, terrorism, natural disasters, accidents,
criminal gangs
II Rogue and Failed States Non government, government without real
power
III State to State Conflicts Conflicts between countries
[CITATION DNi \l 1033 ]
In detail, the non-state threats usually include maritime piracy, maritime terrorism,
natural disasters, accidents and criminal gangs. The rogue and failed states occurs
when there is no government in that country or the government is unable to do
anything to handle the maritime security violation. Somalia can be a typical
example for this tier, because their government has failed to control the nation,
leading to the rise of starving and out-of-control piracy. Ultimately, the tier III has
been happened less frequently in the modern era thanks to globalization trend that
nations are more likely to cooperate with each other in the win-win relation instead
of competing and arguing. However, the conflict still happen occasionally in some
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specific location such as in the South China Sea between China and ASEAN
nations, or the Senkaku island dispute between China and Japan.
Certainly, as an official international matter, maritime security requires a series of
legal documents to provide guidance as well as regulations. Based on the
presentation of Michele Ameri and Michael Shewchuk[CITATION Mec07 \l
1033 ], relevant information about threats to maritime security can be found in
Charter of the United Nations, UNCLOS, other global conventions and so on.
1.2 Maritime security under ISPS code
1.2.1 Introduction to ISPS code
International Code for the Security of Ships and Port Facilities was under an
International Convention, SOLAS. This code was to establish an international
framework involving co-operation between Contracting Governments, Government
agencies, local administrations and the shipping and port industries to detect
security threats and take preventive measures against security incidents addicting
ships or port facilities.
Those objectives are supposed to achieve by appointing proper staff/officer on
board or at each terminals of ports and in shipping lines in order to prepare and
make security plan for each vessel and port.
Part A of ISPS code is mandatory provisions to which reference is made in chapter
XI-2 of the International Convention for the Safety of Life at Sea, 1974 as amended.
In the meanwhile, Part B is the guidance regarding the provisions of chapter XI-2 of
the annex to the international convention for the safety of life at sea, 1974 as
amended and part A of this code.
1.2.2 Security levels
Table 1.2 Security levels under the ISPS code
Level Identification Purpose
Security Minimum appropriate protective Counter most forms of criminality
level 1 security measures shall be (trespass, pilferage, stowaways)
implemented at all times Allow normal commercial operation
Security Appropriate additional protective Allow commercial operation of port,
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level 2 security measures shall be port facility, ship (increased security
maintained for a period of time as restrictions)
a result of the heightened risk of a
security incident.
Security Further specific protective Possibilities of suspension of
level 3 security measures shall be commercial activities
maintained for a limited period of Control transferred to Government
time when a security incident is organizations
probable or imminent, although it
may not be possible to identify a
specific target.
(Source: Guide to maritime security and the ISPS code, 2012 edition)
1.2.3 Application
Even though this is an international code, ISPS does not apply to all kinds of ships.
There are just some kinds of vessels and ports under the ISPS[ CITATION
IMO05 \l 1033 ], namely:
- for vessels on international voyages
o passenger ships, including high – speed passenger craft
o cargo ships , including high – speed craft, of 500 gross tonnage and
upwards
o mobile offshore drilling units
- for ports: port facilities vessels on international voyages that are mentioned
above
The code does not apply to warships, naval auxiliaries or other ships owned or
operated by a Contracting government and used only on Government non-
commercial service
1.2.4 Ship security
Ship security is the application on board in order to protect human, cargo, units
transporting the shipments, ship supplies or the vessel from risk of maritime
incidents.
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1.2.4.1 Ship security assessment (SSA)
Under ISPS code, Ship Security Assessment is the very first step in the process of
building up a plan for ship security. The company or shipping line is in charge of
carrying out this stage under the supervision of concerned party. The chief security
offier of the vessel is responsible of assuring that people with necessary skills assess
the security of the ship. It should be noted that even if there are several ships in one
fleet, a Ship Security Assessment is still mandatory for each separate ships
[ CITATION IMO05 \l 1033 ].
In this stage, the Company Security Officer (CSO) needs to accomplish the security
assessment first. According to part B of ISPS code, SSA should take into accounts
the elements on board the ship; information required to conduct the assessment;
persons, services and operations to protect. In addition to those three issues, all
possible threats and vulnerabilities also need to be considered thoroughly.
During the course of a SSA, an on-scene survey must be conducted in order to
examine and evaluate the current measures, procedures and operation of security
maintenance on board the vessel. Under ISPS code, this survey includes the
following criteria:
- Identification of existing security measures, procedures and operations
These security measures, procedures and operations can be simply understood as
ability to respond to emergency situations, security patrol, security
communication system, handling of surveillance equipment [ CITATION HIT12
\l 1033 ].
- Identification and evaluation of key ship board operation that it is important
to protect
Ship board operation consists of cargo handling, navigation, machinery handling
and so on. Additionally, some important spaces that are directly related to those
operations also need to be considered carefully, such as bridges, stores,
machinery spaces and steering control system [ CITATION HIT12 \l 1033 ]
- Identification of possible threats to the key ship board operations and the
likelihood of their occurrence, in order to establish and prioritise security
measures
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This part is one of the hardest one since it requires the imagination of the
security officer as well as the company. They need to think and identify some
threat situations that are likely to happen to the ship. However, there are some
components regarding to the ships that can be taken into consideration, for
instance, types of ship, crew, and type of cargo and so on. [ CITATION HIT12 \l
1033 ]
- Identification of weaknesses, including human factors in the infrastructure,
policies and procedures.
Based on the four elements mentioned above, the weaknesses can be drawn out
and the objectives or amendment can be listed such as new measures.
[ CITATION HIT12 \l 1033 ]
1.2.4.2 Ship security plan (SSP)
On the basis of the SSA above, a Ship Security Plan (SSP) is made in order to
guarantee the implementation of all possible method to protect human, cargo, cargo
transporting unit, and stores on board the ship. This plan must be submitted to an
authority organization in the Contracting Government for an approval before being
implemented into practice. The content of the plan should be differed from ship to
ship so as to suit with the particular characteristics of each vessel [ CITATION
IMO05 \l 1033 ].
The SSA is finished with specific features of the ship and potential threats as well as
possible vulnerabilities for the ship. Turning to SSP, the security officer need to
address in details all these features. Ordinarily, Administration may give guidance
and advice to the company in the process of making SSP.
1.2.4.3 Security officer (SSO)
For the security of the ship, there will be two kinds of security officers. The first
one is called Company Security Officer. This officer is designated by the
company/shipping line. A shipping line may have more than one security officer as
long as it is identified clearly the vessels under the supervision of each officer.
Similarly, one company officer can be in charge of more than one vessel
[ CITATION IMO05 \l 1033 ].
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The other security officer involved in this process is the Ship Security Officer.
This position is designated on each ship. The duty of this officer is to implement
and maintain the SSP as well as to co-ordinate with company security officer and
the port facility officer [ CITATION IMO05 \l 1033 ].
1.2.5 Port facility security
Port facilities security is the protection for human (terminal employees),
infrastructure (waterways, cargo way), assets (vessels). The threats to port facility
may consist of seizure, exploitation, pilferage, piracy, terrorism and other causes
having the same characteristics [ CITATION Try \l 1033 ].
1.2.5.1 Port facility security assessment
Port Security Assessment is a critical activity in the security assurance procedure
and contributes significantly to the building of Port Security Plan later on. Port
Security Assessment must be carried out by the Contracting Government that the
ports belong to. The Government may designated a security organization to directly
inspect and check the port security
At least, Port Security Assessment includes the following criteria [ CITATION
IMO05 \l 1033 ]
- identification and evaluation of important assets and infrastructure that are
important to be protected
- identification of possible threats to the assets and infrastructure and the
likelihood of their occurrence, in order to establish and prioritise security
measures
- identification, selection and prioritization of counter measures and
procedural changes and their level of effectiveness in reducing vulnerability
- identification of weaknesses, including human factors in the infrastructure,
policies and procedures.
1.2.5.2 Port facility security plan (PFSP)
Port facility security plan is based on the port facility security assessment so as to
eliminate or minimize the risks identified in the assessment report. The result of
port facility assessment may draw out the particular feature and potential threats to
the port, which cause a necessity to designate a port facility security officer and to
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make a port facility security plan [ CITATION IMO05 \l 1033 ]. This plan varies
from port to port due to the distinct features such as infrastructure, interface, or
facility of each terminal. No matter what content the plans have, all of them are
designed for the same purpose impeding vessels from carrying threats in and out the
port area and securing the vessels anchoring in the ports-of-call.
The target subjects that are protected under the PFSP are human, cargo, vessels and
other cargo transport means, storages sites (if any).
The content of a port facility security plan must include:
- measures designed to prevent weapons or any other dangerous substances
and devices intended for use against persons, ships or ports and the carriage
of which is not authorized, from being introduced into the port facility or on
board a ship
- measures designed to prevent unauthorized assess to the port facility, to ships
moored at the facility, and to restricted areas of the facility
- procedures for responding to security threats or breaches of security,
including provisions for maintaining critical operations of the port facility or
ship/port interface
- procedures for responding to any security instructions the Contracting
Government, in whose territory the port facility is located, may give at
security level 3
- procedures for evacuation in case of security threats or breaches of security
1.2.5.3 Port facility security officer
This officer is designated by the Contracting Government. He/she is in charge of
assuring that the port facility security plan is implemented properly and set the
security levels for port and ships anchoring in the port area. Ordinarily, the port
facility security officer is also responsible of carrying out port facility security
assessment.
1.2.6 Regulations in Vietnam
Having been a member of the International Maritime Organization (IMO) since
May 28th 1984, Viet Nam managed to adopt 15 out of 40 Conventions and Decrees
including International Ship and Port Facility Security Code (ISPS) [ CITATION
Min07 \l 1033 ]. Notably, in the 24th annual conference of IMO Assembly (January
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21 – December 2 2015) held in London, Vietnam requested for support from IMO
to organize several training courses nationally and regionally in order to enforce
ISPS efficiently, handling dangerous cargo, and participating in Fal 65 Convention.
To response this request, IMO promised to pay considerable attention to.
To be more specific, Vietnam government has also issue a number of legal
documents so as to provide clear direction and guidance for organizations and
individual at lower layers in the maritime security system to follow and adopt that
code into practice.
Table 1.3 List of Vietnam regulations adopting the ISPS code
Date of
No Document Place of issue Content
issue
1 191/2003/QĐ- Sep 16 Prime Minister Approval of amendments
TTG 2003 proposed in 2002 to some
chapters of International
Convention for the Safety of
Life at Sea (SOLAS) 1974
2 27/2011/TT- May 28 Minister of Apply amendments proposed in
BGTVT 2011 Transport 2002 to SOLAS 74 enclosed
with ISPS
3 489/CHHVN- Mar 19 Vietnam Continue to apply requirements
ATHH 2009 Marine of International Code for the
Administration Security of Ships and Port
Facilities and relevant legal
documents
4 125/2004/QĐ- July 09 Prime Minister Inform, receive, transfer and
TTG 2004 process information of maritime
security
5 11/2009/QĐ- Mar 15 Prime Minister Amendments to some terms in
TTG 2009 125/2004/QĐ-TTG
6 25/2004/TT- Oct 28 Minister of Guidance about receiving,
BGTVT 2004 Transport transferring and processing
information of maritime
security, for vessels, shipping
lines, port operators and related
parties at ports.
7 47/2011/TT- Sep 01 Minister of The replacement of 25/2004/TT-
BGTVT 2011 Transport BGTVT
Regulations of receiving,
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