(SSB) ประกาศกระทรวงคมนาคม เรื่อง หลักเกณฑ์ วิธีการ และเงื่อนไขในการประกาศกำหนดสถาบันการตรวจเรือให้ตรวจเรือและออกใบสำคัญรับรองการตรวจเรือจากกรมเจ้าท่า

Notification of the Ministry of Transport on Criteria, Methods, and Conditions for determining Vessel Surveying Institute to inspect the ships and issue certificates from the Marine Department

As the Marine Department has a mission to determine the rules, procedures and conditions for Notifications, including regulating the implementations of Vessel Surveying Institute in inspection and issuance of certificates on behalf of Marine Department in accordance with relevant conventions and protocols in accordance with the Code for Recognized Organizations (RO Code), Resolution No.349(92) of Maritime Safety Committee, Resolution No. 237 (65) of Maritime Environmental Protection Committee and its amendments (Resolution MSC. 349 (92) and MEPC. 237 (65) as amended) of the International Maritime Organization. (IMO).

By virtue of Section 163/1 paragraph 4 of the Navigation Act in Thai territories 1913 Added by the Navigation in Thai Territory Act (No. 17), B.E. 2560. The Minister of Transport issued the following announcement:

Clause 1 This announcement shall come into force after 90 days from the day following the date of its publication in Government Gazette.

Clause 2 All rules, regulations, and announcements in the part that have already been provided. which is contrary to or inconsistent with this announcement. They shall be applied this announcement instead.

Clause 3 in this announcement

“Vessel Surveying Institute” means a Recognized Organization from the Marine Department to carry out ship inspection, material certification, verify and approve standard of service stations and audit ship management company or carry out any inspections related to standards of the International Maritime Organization (IMO) or International Association of Classification Societies (IACS) including issuance of certificates in accordance with the requirements of international conventions and related protocols.

Clause 4 Vessel Surveying Institute shall meet the following qualifications:

(1) shall have standard in accordance with Code for Recognized Organization. (RO Code) according to the resolution No.349(92) of the Maritime Safety Committee and Resolution No. 237 (65) of Maritime Environment Protection Committee and its amendments (Resolution MSC. 349 (92) and MEPC. 237 (65) as amended) of the International Maritime Organization.

(2) being a full member of the International Association of Classification Societies.

(3) having an office domiciled in Thailand; and having at least 1 Exclusive Surveyor stationed in
Thailand.

(4) having sufficient administrative, technical and research resources to carry out tasks as authorized by Marine Department.

Clause 5 The criteria to be considered as a Vessel Surveying Institute are as follows: (1) having complete and correct qualifications under Clause 4.
(2) Passing an audit in compliance with the standards specified in Clause 4 (1) and the office domiciled in Thailand under Clause 4 (3).

In case of necessary reason, Director-General of the Marine Department may arrange for a head office audit or regional offices audit where regulates Thailand office.

(3) having insurance or placing financial security to compensate for the damage. This shall be in accordance with the memorandum of agreement between Marine Department and Vessel Surveying Institute as announced by the Director-General of Marine Department.

Clause 6 In case there is a request to Marine Department to declare it as a Vessel Surveying Institute. Ship Standard Bureau, Marine Department shall verify to ensure compliance with Clauses 4 and 5. Director-General of Marine Department and the requester shall jointly sign on memorandum of agreement to accept and be bound to comply with the terms and conditions. Inspection of ships and issuance of certificates in accordance with international conventions and protocols. This shall be completed within 60 days.

Memorandum of Agreement between the Marine Department and Vessel Surveying Institute for implementations and assignments scopes on behalf of the Marine Department in accordance with international conventions to which Thailand is a party and non-party including laws, rules, regulations, announcements, orders of the Marine Department shall be in compliance with announcement of Director-General of Marine Department.

In this regard, the Director-General of the Marine Department has the right to launch rules, procedures, guidelines of implementations related to Vessel Surveying Institute in addition to the Memorandum of Agreement between Marine Department and Vessel Surveying Institute.

Clause 7 Prior to announcement the list of Classification Societies from Marine Department in accordance with Clause 6 , Ship Standard Bureau may require to observe ship inspection, material certification, equipment standards verification, service stations inspection and audit to ship management company or carry out any inspections related to standards at the International Maritime Organization or International Association of Classification Societies carried out by Vessel Surveying Institute or carry out audit to Vessel Surveying Institute.

After the Marine Department has announced the list of Classification Societies, Ship Standard Bureau may require that additional audit (Oversight) related to standards of the International Maritime Organization or International Association of Classification Societies including laws, rules, regulations, announcements, orders of the Marine Department. Ship Standard Bureau may evaluate or send representatives to observe exclusive surveyor of any Vessel Surveying Institute. Such inspection shall be in accordance with the announcement of Director-General of Marine Department.

Clause 8 Upon completion of the implementation under Clause 6 and Clause 7, Ship Standard Bureau shall submit the list of Vessel Surveying Institute to Director-General of Marine Department for announcement.

Clause 9 Vessel Surveying Institute shall prepare for the Marine Department to conduct an annual audit to the office in Thailand at least once a year.

In the event of any suspicious reason, Director-General of Marine Department may arrange the audit more than once a year.

Clause 10 In case of necessary reason, Director-General of Marine Department may set audit to Vessel Surveying Institute at the head office or the regional office where regulates the office stationed in Thailand.

Clause 11 Vessel Surveying Institute shall submit copies of certificates issued in accordance with the requirements of international conventions and related protocols including the ship inspection report and documents related to ship inspection to the Marine Department within thirty days from the date of issuance of the certificate or other electronic channels according to the annex attached to the memorandum of agreement between the Marine Department and Vessel Surveying Institute.

Clause 12 Vessel Surveying Institute shall provide technical cooperation to Marine Department upon the request of the Marine Department. For example, training to Marine Department officials, being a consultant for research studies or any other technical cooperation requested by the Marine Department.

Clause 13 In the event that Vessel Surveying Institute fails to comply with the announcement of the Ministry of Transport or the memorandum of Agreement between Marine Department and Vessel Surveying Institute to accept and be bound by the requirements and conditions for ship inspection and the issuance of certificates in accordance with international conventions and related protocols or acting in a manner that may be seen as inconsistent with the relevant laws or take any action which may cause disgrace to the Marine Department. The Director-General of the Marine Department has the right

(1) to order Vessel Surveying Institute to rectify or take any action to mitigate the damage incurred within the period specified by Director-General of Marine Department which shall not be less than seven days.

(2) to temporarily suspend Vessel Surveying Institute. (3) to revoke the status of a Vessel Surveying Institute.
The Marine Department has the right to claim compensation for damages under Clause 5(3). However, the compensation will not exceed the amount specified in the memorandum of agreement between the Marine Department and Vessel Surveying Institute.

Clause 14. When a shipowner wishes to use or change Vessel Surveying Institute to carry out ship inspection for issuance of certificates in accordance with the requirements of international conventions and protocols, they shall inform their intention to use or change Vessel Surveying Institute that will conduct inspections for issuing certificates to Marine Department.

Clause 15 For non-convention vessels, if the shipowner wishes to use or change Vessel Surveying Institute to carry out ship inspections for issuance of certificates in accordance with the requirements of international conventions and protocols. they shall inform their intention to use or change Vessel Surveying Institute that will conduct inspections for issuing certificates to Marine Department.

Clause 16. Recognized Organizations in accordance with the Ship Inspection Regulations (No.
45) B.E. 2556 shall comply with this announcement within six months from the date of this announcement come into force.

Inspection and issuance of ship certificates of recognized organization in accordance with Ship inspection Regulation (No. 45) B.E. 2558 carried out during the period under Clause 1 shall be deemed as the implementation under this announcement.



Announced on the 24th day of March B.E. 2565 (2022)
Saksiam Chidchob
Minister of Transport