Thông tư 03/2020/TT-BGTVT tiêu chuẩn, chứng chỉ chuyên môn huấn luyện thuyền viên

 

CIRCULAR

Prescribing standards of competence, professional certificates, training for seafarers, and minimum safety complement requirements
for Vietnamese seagoing ships

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Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers to which Vietnam is a signatory, and its amendments;

Pursuant to the International Convention for the Safety of Life at Sea (SOLAS) and its amendments;

At the proposal of the Director of the Transport Safety Department and the Director of Vietnam Maritime Administration;

The Minister of Transport promulgates the Circular prescribing standards of competence, professional certificates, training for seafarers, and minimum safety complement requirements for Vietnamese seagoing ships.

 

Chapter I
GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Circular prescribes the standards of competence, professional certificates, training for seafarers, and minimum safety complement requirements for Vietnamese seagoing ships.

2. This Circular applies to on-official-duties vessels in specific circumstances as prescribed herein.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals related to the standards of competence, professional certificates of seafarers, training for seafarers, and minimum safety complement requirements for Vietnamese seagoing ships.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. STCW Convention is the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers to which Vietnam is a signatory, and its amendments.

2. STCW Code is a code of law issued together with the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers to which Vietnam is a signatory, and its amendments.

3. Master means the person having supreme command of a ship.

4. Officer means a member of the crew other than the master, meeting eligibility requirements and standards for undertaking a capacity on board a ship.

5. Chief mate means the deck officer next in rank to the master and upon whom the command of the ship will fall in the event of the incapacity of the master.

6. Deck officer means an officer qualified in accordance with the provisions of Chapter II of the STCW Convention.

7. Ordinary Seaman (OS) means a seafarer rating qualified in accordance with the provisions of Regulation II/4 of the STCW Convention and completes the training course prescribed by the Minister of Transport.

8. Able Seafarer - Deck (ASD) means a seafarer rating qualified in accordance with the provisions of Regulation II/5 of the STCW Convention and completes the training course prescribed by the Minister of Transport.

9. Chief engineer officer means the senior engineer officer responsible for the mechanical propulsion; operation and maintenance of the electrical and mechanical installations of the ship;

10. Second engineer officer means the engineer officer next in rank to the chief engineer officer and upon whom the responsibility for the mechanical propulsion, operation, and maintenance of the electrical and mechanical installations of the ship will fall in the event of the incapacity of the chief engineer officer.

11. Engineer officer means an officer qualified in accordance with the provisions of Regulations III/1, III/2, and III/3 of the STCW Convention.

12. Oiler means an engineer rating qualified in accordance with the provisions of Regulation III/4 of the STCW Convention and completing the training course prescribed by the Minister of Transport.

13. Able Seafarer - Engine (ASE) means an engineer rating qualified in accordance with the provisions of Regulation III/5 of the STCW Convention and completing the training course prescribed by the Minister of Transport.

14. Electro-technical officer means an officer qualified in accordance with the provisions of Regulation III/6 of the STCW Convention.

15. Electrician means a seafarer qualified in accordance with the provisions of Regulation III/7 of the STCW Convention.

16. GMDSS radio operator means a person who is qualified in accordance with the provisions of Chapter IV of the STCW Convention.

17. Ship security officer means the person on board the ship, accountable to the master, designated by the company to be responsible for the security of the ship including the implementation and maintenance of the ship security plan; and communicate with the company security officer and port facility security officers.

18. Security duties include all security tasks and duties on board ships as defined by Chapter XI-2 of the amended 1974 International Convention for the Safety of Life at Sea (amended SOLAS 74) and the International Ship and Port Facility Security (ISPS) Code.

19. Oil tanker means a ship constructed or adapted and used for the carriage in bulk of petroleum and petroleum products.

20. Chemical tanker means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical (IBC) Code.

21. Liquefied gas tanker is a ship constructed or adapted and used for the carriage in bulk of any liquefied gas defined in Chapter 19 of the International Gas Carrier (IGC) Code.

22. Passenger ship means a seagoing ship as defined in the amended 1974 International Convention for the Safety of Life at Sea (amended SOLAS 74).

23. Ro-Ro passenger ship means a passenger ship with Ro-Ro spaces or special category spaces as defined in the amended 1974 International Convention for the Safety of Life at Sea (amended SOLAS 74).

24. Near-coastal voyage of a ship of less than 500 gross tonnage (GT) means a voyage within 50 nautical miles from the coast or within an area defined as a near-coastal voyage as agreed by Vietnam and other relevant countries.

25. Training record book means a record book given to a seafarer obtaining a bachelor degree in the period of internship as a deck officer on board a ship of at least 500 GT or as an engineer officer on board a ship with total main engine capacity of at least 750 kW, or given to a trainee deck officer on board a ship of at least 500 GT or a trainee engineer officer on a ship with total main engine capacity of at least 750 kW under a maritime officer training course approved by the Ministry of Transport; and given to a seafarer obtaining an associate degree or higher in the period of internship as an electro-technical officer as required in Table A-III/6 of the STCW Code.

26. Internship period means a period of time during which a seafarer work on a ship under a training course in accordance with the STCW Convention.

27. Probationary period means a period of time during which a seafarer apprentices at a certain capacity on a ship having the similar gross tonnage to that in his/her certificate of competency under the supervision of an officer.

28. Tenure means a period of time a person holding a job at a capacity corresponding to the issued certificate of competency.

29. Period of seagoing service means a period of time during which a seafarer or trainee works or apprentices on board a ship.

30. Month means a calendar month or 30 days made up of periods of less than one month.

31. Function means a group of tasks, duties, and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment.

32. Company means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the ship owner and who has agreed to take over all the duties and responsibilities imposed on the company by these regulations.

33. Certificate of competency means a certificate issued to a seafarer in accordance with the provisions of the STCW Convention.

34. Certificate of proficiency means a certificate issued to a seafarer in accordance with the provisions of the STCW Convention.

35. Certificate of endorsement attesting the recognition of the certificate of competency means a written document issued by the Vietnam Maritime Administration, or by a branch office of the Vietnam Maritime Administration or a local maritime administration under the authorization of the Vietnam Maritime Administration to a seafarer who holds a certificate of competency issued by a competent agency of a country or territory signing an agreement with Vietnam on recognition of certificates of competency to work on board a Vietnamese-flagged ship.

36. Certificate of endorsement attesting the issuance of the certificate means a written document issued by the Vietnam Maritime Administration, or by a branch office of the Vietnam Maritime Administration or a local maritime administration under the authorization of the Vietnam Maritime Administration to a seafarer who already obtained a certificate of completion of a training course in Vietnam in accordance with the Regulations IV/2, V/1-1, and V/1-2 of the STCW convention.

37. High-speed craft means a ship that is issued a certificate of high-speed craft safety by the registry office in accordance with the HSC 2000 International Code and the National Technical Regulation on classification and construction of high-speed crafts.

38. Vietnam National Register of Ships include the Vietnam Maritime Administration, or its branch office or local maritime administration decentralized by the Vietnam Maritime Administration to carry out registration of ships.

 

Chapter II
STANDARDS OF SEAFARER’S COMPETENCE

 

Article 4. Standards of competence of masters and chief mates on board ships of 500 GT or more

Every master and chief mate on board any ship of 500 GT or more shall meet all standards of competence specified in Sections A-II/1, A-II/2, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the management level.

2. Cargo handling and stowage, at the management level.

3. Controlling the operation of the ship and care for persons on board, at the management level.

4. Communications, at the operational level.

Article 5. Standards of competence of masters and chief mates on board ships of less than 500 GT on voyages other than near-coastal voyages

Every master and chief mate on board any ship of less than 500 GT on a voyage other than near-coastal voyage shall obtain the certificate of competency to be on board ships with gross tonnage ranging from 500 GT to less than 3000 GT.

Article 6. Standards of competence of masters and chief mates on board ships of less than 500 GT on near-coastal voyages

Every master and chief mate on any ship of less than 500 GT on a near-coastal voyage shall meet all standards of competence specified in Sections A-II/3, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the management level.

2. Cargo handling and stowage, at the management level.

3. Controlling the operation of the ship and care for persons on board, at the management level.

4. Communications, at the operational level.

Article 7. Standards of competence of deck officers on board ships of 500 GT or more

Every deck officer on board any ship of 500 GT or more shall meet all standards of competence specified in Sections A-II/1, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the operational level.

2. Cargo handling and stowage, at the operational level.

3. Controlling the operation of the ship and care for persons on board, at the operational level.

4. Communications, at the operational level.

Article 8. Standards of competence of deck officers on board ships of less than 500 GT on voyages other than near-coastal voyages

Every deck officer on board any ship of less than 500 GT on a voyage other than near-coastal voyage shall obtain a certificate of competency for deck officers to be on board ships of 500 GT or more.

Article 9. Standards of competence of deck officers on board ships of less than 500 GT on near-coastal voyages

Every deck officer on any ship of less than 500 GT on a near-coastal voyage shall meet all standards of competence specified in Sections A-II/3, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the operational level.

2. Cargo handling and stowage, at the operational level.

3. Controlling the operation of the ship and care for persons on board, at the operational level.

4. Communications, at the operational level.

Article 10. Standards of competence of ratings forming part of a navigational watch

1. Standards of competence of OS

Every OS shall meet the standards of competence specified in Section A-II/4 of the STCW Code on navigation functions at the support level.

2. Standards of competence of ASDs

Every ASD shall meet competence standards specified in Section A-II/5 of the STCW Code on the following functions:

a) Navigation, at the support level;

b) Cargo handling and stowage, at the support level;

c) Controlling the operation of the ship and care for persons on board, at the support level.

d) Maintenance and repair at the support level.

Article 11. Standards of competence of chief engineer officers and second engineer officers on board ships with total main engine capacity of 750 kW or more

Every chief engineer officer and second engineer officer on any ship with total main engine capacity of 750 kW or more shall meet all standards of competence specified in Sections A-III/1, A-III/2 and A-VIII/2 of the STCW Code on the following functions:

1. Marine engineering, at the management level.

2. Electrical, electronic and control engineering, at the management level.

3. Maintenance and repair, at the management level.

4. Controlling the operation of the ship and care for persons on board, at the management level.

Article 12. Standards of competence of chief engineer officers and second engineer officers on board ships with total main engine capacity of less than 750 kW

Every chief engineer officer and second engineer officer on any ship with total main engine capacity of less than 750 kW shall meet all standards of competence under a training course prescribed by the Minister of Transport on the following functions:

1. Marine engineering, at the management level.

2. Electrical, electronic and control engineering, at the management level.

3. Maintenance and repair, at the management level.

4. Controlling the operation of the ship and care for persons on board, at the management level.

Article 13. Standards of competence of engineer officers on board ships with total main engine capacity of 750 kW or more

Every engineer officer on any ship with total main engine capacity of 750 kW or more shall meet all standards of competence specified in Sections A-III/1 and A-VIII/2 of the STCW Code on the following functions:

1. Marine engineering, at the operational level.

2. Electrical, electronic and control engineering, at the operational level.

3. Maintenance and repair, at the operational level.

4. Controlling the operation of the ship and care for persons on board, at the operational level.

Article 14. Standards of competence of engineer officers on board ships with total main engine capacity of less than 750 kW

 Every engineer officer on any ship with total main engine capacity of less than 750 kW shall meet all standards of competence under a training course prescribed by the Minister of Transport on the following functions:

1. Marine engineering, at the operational level.

2. Electrical, electronic and control engineering, at the operational level.

3. Maintenance and repair, at the operational level.

4. Controlling the operation of the ship and care for persons on board, at the operational level.

Article 15. Standards of competence of ratings forming part of an engineer-room watch

1. Standards of competence of Oilers:

Every Oiler shall meet all standards of competence specified in Section A-III/4 of the STCW Code on marine engineering at the support level.

2. Standards of competence of ASEs:

Every ASE shall meet all standards of competence specified in Section A-III/5 of the STCW Code on the following functions:

a) Marine engineering, at the support level;

b) Electrical, electronic and control engineering, at the support level;

c) Maintenance and repair, at the support level;

d) Controlling the operation of the ship and care for persons on board, at the support level.

Article 16. Standards of competence of electro-technical officers

Every electro-technical officer shall meet the standards of competence specified in Section A-III/6 of the STCW Code on the following functions:

1. Electrical, electronic and control engineering, at the operational level.

2. Maintenance and repair, at the operational level.

3. Controlling the operation of the ship and care for persons on board, at the operational level.

Article 17. Standards of competence of electricians

Every electrician shall meet the standards of competence specified in Section A-III/7 of the STCW Code on the following functions:

1. Electrical, electronic and control engineering, at the support level.

2. Maintenance and repair, at the support level.

3. Controlling the operation of the ship and care for persons on board, at the support level. 

 

Chapter III
PROFESSIONAL CERTIFICATES ISSUED TO SEAFARERS

 

Section 1
TYPES OF PROFESSIONAL CERTIFICATES

 

Article 18. Classification of professional certificates

The professional certificates issued to seafarers on board Vietnamese seagoing ships are classified into:

1. Certificate of competency.

2. Certificate of proficiency:

a) Certificate of proficiency in basic training;

b) Certificate of proficiency in special training;

c) Certificate of proficiency in professional training.

3. Formats of such certificates are presented in the Appendix I attached hereto.

Article 19. Certificate of competency

1. The certificates of competency shall be issued by the Vietnam Maritime Administration, or by a branch office of the Vietnam Maritime Administration or a local maritime administration under the authorization of the Vietnam Maritime Administration to seafarers undertaking the capacities under provisions hereof, other relevant regulations of Vietnam’s laws and in accordance with provisions of STCW Convention.

2. A certificate of competency shall remain valid for 05 years from the date of issue. In cases where a seafarer’s remaining working period until retirement is less than 05 years, the valid period of the certificate of competency shall equal to the remaining working period of such seafarer.

Article 20. Certificates of proficiency in basic training

1. The certificate of proficiency in basic training shall be issued by a training facility to any seafarer who completes the basic training courses in personal survival techniques, fire safety, medical first aid, personal safety, social responsibilities, and ship security awareness in accordance with provisions of the STCW Convention.

2. A certificate of proficiency in basic training shall remain valid for 05 years from the date of issue. In cases where a seafarer’s remaining working period until retirement is less than 05 years, the valid period of the certificate of proficiency in basic training shall equal to the remaining working period of such seafarer as prescribed in the law provisions on labor.

Article 21. Certificates of proficiency in special training

1. The certificate of proficiency in special training shall be issued by a training facility to a seafarer, in accordance with provisions of the STCW Convention, if he/she completes one of the following special training courses:

a) Oil tanker, chemical tanker and liquefied gas tanker basic training;

b) Oil tanker, chemical tanker and liquefied gas tanker advanced training;

c) Crowd management for seafarers on passenger ships and Ro-Ro passenger ships;

d) Safety training for personnel providing direct service for passengers on passenger spaces of passenger ships and Ro-Ro passenger ships;

dd) Passenger safety, cargo safety and hull integrity for passenger ships and Ro-Ro passenger ships;

e) Crisis management and human behavior on passenger ships and Ro-Ro passenger ships.

g) Basic training on ships operating in the polar regions;

h) Advanced training on ships operating in the polar regions;

i) High-speed ship.

2. A certificate of proficiency in special training shall remain valid for 05 years from the date of issue. In cases where a seafarer’s remaining working period until retirement is less than 05 years, the valid period of the certificate of proficiency in special training shall equal to the remaining working period of that seafarer as prescribed in the law provisions on labor.

Article 22. Certificates of proficiency in professional training

1. The certificate of proficiency in professional training shall be issued by a training facility to a seafarer, in accordance with provisions of the STCW Convention, if he/she completes one of the special training courses:

a) Radar observation and plotting;

b) Automatic radar plotting aids (ARPA);

c) Global maritime distress and safety system (GMDSS): General Operator’s Certificate (GOC) and Restricted Operator’s Certificate (ROC);

d) Advanced fire-fighting;

dd) Medical first aid;

e) Medical care;

g) Survival crafts and rescue boats;

h) Fast rescue boats;

i) Designated ship security duties;

k) Ship security officer training;

l) Bridge team/resource management;

m) Engine-room team/resource management;

n) Maritime English;

o) Electronic nautical chart display and information;

p) Ship safety management;

q) Chief cook and marine caterer training.

r) Other certificates of proficiency as prescribed by IMO.

2. A certificate of proficiency in professional training shall remain effective for 05 years from the date of issue. In cases where a seafarer’s remaining working period until retirement is less than 05 years, the valid period of the certificate of proficiency in professional training shall equal to the remaining working period of that seafarer as prescribed in the law provisions on labor.

 

Section 2
REQUIREMENTS FOR ISSUANCE AND RE-ISSUANCE OF CERTIFICATES OF COMPETENCY

 

Article 23. General requirements

1. Be in the range of the working age and meet health standards as prescribed in law provisions.

2. Hold a degree in:

a) Control engineering, ship operations or marine electrical engineering from training courses in accordance with regulations of the Ministry of Education and Training or the Ministry of Labor, Invalids and Social Affairs;

b) Majors specified at Point a of this Clause at foreign training institutions recognized by the Ministry of Education and Training;

c) Marine officer training courses in accordance with regulations of the Ministry of Transport.

3. In the following circumstances, a candidate shall complete the training courses or take additional subjects if he/she:

a) Graduates in majors specified in Clause 2 of this Article from schools other than marine schools;

b) Graduates in ship engine repair from marine schools;

c) Graduates in inland control engineering, inland watercraft engineering or inland electrical engineering from schools specialized in inland waterways.

4. Meet standards of competence and undertake the position corresponding to the capacity prescribed in Articles 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42 hereof in a certain period of time.

Article 24. Requirements for issuance of certificates of competency to masters and chief mates on board ships of 3000GT or more

1. Requirements for competence:

a) Obtain a bachelor’s degree in control engineering. If a candidate only holds an associate degree in control engineering, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire level 3 in marine English proficiency;

c) Complete the advanced training as prescribed by the Minister of Transport;

d) Pass the examination for masters and chief mates on board ships of 3000 GT or more.

2. Requirements for capacity undertaking:

a) For chief mates: undertake responsibilities in the capacity as deck officer on board ships of 500 GT or more in at least 24 months;

b) For masters: undertake responsibilities in the capacity as chief mate on board ships of 3000 GT or more for at least 24 months, or as master on board ships with gross tonnage ranging from 500 GT to less than 3000 GT for at least 12 months and as chief mate on board ships of 3000 GT or more for at least 12 months.

Article 25. Requirements for issuance of certificates of competency to masters and chief mates on board ships of 500 GT to less than 3000 GT

1. Requirements for competence:

a) Hold an associate degree in control engineering or higher. If a candidate obtains only a professional/vocational secondary education diploma in control engineering, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire level 2 in marine English proficiency;

c) Complete the advanced training as prescribed by the Minister of Transport;

d) Pass examinations for masters and chief mates on board ships of 500 GT to less than 3000 GT.

2. Requirements for capacity undertaking:

a) For chief mates: undertake responsibilities in the capacity as deck officer on board ships of 500 GT or more for at least 24 months;

b) For masters: undertake responsibilities in the capacity as chief mate on board ships with gross tonnage ranging from 500 GT to less than 3000 GT for at least 24 months; or as master on near-coastal ships with gross tonnage ranging from 50 GT to less than 500 GT for at least 12 months and as chief mate on board ships with gross tonnage ranging from 500 GT to less than 3000 GT for at least 12 months.

Article 26. Requirements for issuance of certificates of competency to masters on board ships with gross tonnage ranging from 50 GT to less than 500 GT and chief mates on board ships of less than 500 GT (near-coastal voyages)

1. Requirements for competence:

a) Hold a professional/vocational secondary education diploma in control engineering or higher;

b) Acquire level 1 in marine English proficiency;

c) Complete the professional training program as prescribed by the Minister of Transport;

2. Requirements for capacity undertaking:

a) For chief mates: undertake responsibilities in the capacity as deck officer on board ships of less than 500 GT for at least 24 months;

b) For masters: undertake responsibilities in the capacity as chief mate on board ships with gross tonnage ranging of less than 500 GT on near-coastal voyages for at least 24 months.

Article 27. Requirements for issuance of certificates of competency to masters on board near-coastal ships of less than 50 GT

1. Requirements for competence:

a) Hold a lower secondary education completion certificate;

b) Complete a short-term training course in control engineering and pass the exam as prescribed by the Minister of Transport. Any candidate acquiring a certificate in elementary control engineering shall only be required to pass the exam.

2. The approved period of seagoing service shall be at least 12 months.

Article 28. Requirements for issuance of certificates of competency to deck officers on board ships of 500 GT or more

1. Requirements for competence:

a) Hold an associate degree in control engineering or certificate of completion of control engineering officer training course as prescribed by the Minister of Transport. If a candidate obtains only a professional/vocational secondary education diploma in control engineering, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire level 2 in marine English proficiency;

c) Pass the licensure exam for deck officers on board ships of 500 GT or more.

2. Requirements for capacity undertaking:

a) Work as apprentice for at least 12 months as recorded in the training book record under the training program meeting requirements in Section A-II/1 of STCW Code or have the approved period of seagoing service on board ships of 500 GT or more of at least 36 months including at least 06 months as an ASD;

b) Any candidate who has undertaken the capacity as deck officer on board ships of less than 500 GT on a near-coastal voyage shall have at least 06 month serving in seagoing service on board ships of 500 GT or more.

Article 29. Requirements for issuance of certificates of competency to deck officers on board ships of less than 500 GT on near-coastal voyages

1. Requirements for competence:

a) Obtain a professional/vocational secondary education diploma in control engineering or higher;

b) Acquire at least level 1 in marine English proficiency;

c) Pass the licensure exam for deck officers on board ships of less than 500 GT.

2. Requirement for capacity undertaking: serve in seagoing service for at least 36 months.

Article 30. Requirements for issuance of certificates of competency to chief engineer officers and second engineer officers on board ships with total main engine capacity of 3000 kW or more

1. Requirements for competence:

a) Hold a bachelor’s degree in ship operations. If a candidate obtains only an associate degree in ship operations, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire level 3 in marine English proficiency;

c) Complete the advanced training as prescribed by the Minister of Transport;

d) Pass the exam for chief engineer officers and second engineer officers on board ships with total main engine capacity of 3000 kW or more.

2. Requirements for capacity undertaking:

a) For second engineer officers: undertake responsibilities in the capacity as engineer officer on board ships with total main engine capacity of 750 kW or more for at least 24 months;

b) For chief engineer officers: undertake responsibilities in the capacity as second engineer officer on board ships with total main engine capacity of 3000 kW or more for at least 24 months, or as chief engineer officer on board ships with total main engine capacity ranging from 750 kW to less than 3000 kW for at least 12 months and as second engineer officer on board ships with total main engine capacity of 3000 kW or more for at least 12 months.

Article 31. Requirements for issuance of certificates of competency to chief engineer officers and second engineer officers on board ships with total main engine capacity ranging from 750 kW to less than 3000 kW

1. Requirements for competence:

a) Hold an associate degree in ship operations or higher. If a candidate only obtains a professional/vocational secondary education diploma in ship operations, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire at least level 2 in marine English proficiency;

c) Complete the advanced training as prescribed by the Minister of Transport;

d) Pass examinations for chief engineer officers and second engineer officers on board ships with total main engine capacity ranging from 750 kW to less than 3000 kW.

2. Requirements for capacity undertaking:

a) For second engineer officers: undertake responsibilities in the capacity as engineer officer on board ships with total main engine capacity of 750 kW or more for at least 24 months;

b) For chief engineer officers: undertake responsibilities in the capacity as second engineer on board ships with total main engine capacity ranging from 750 kW to less than 3000 kW for at least 24 months, or as chief engineer officer on board ships with total main engine capacity ranging from 75 kW to less than 750 kW for at least 12 months and as second engineer officer on board ships with total main engine capacity ranging from 750 kW to less than 3000 kW for at least 12 months.

Article 32. Requirements for issuance of certificates of competency to chief engineer officers on board ships with total main engine capacity ranging from 75 kW to less than 750 kW and second engineer officers on board ships with total main engine capacity of less than 750 kW

1. Requirements for competency:

a) Hold a professional/vocational secondary education degree in ship operations or higher.

b) Acquire at least level 1 in marine English proficiency;

c) Complete the professional training as prescribed by the Minister of Transport;

2. Requirements for capacity undertaking:

a) For second engineer officers: undertake responsibilities in the capacity as engineer officer on board ships with total main engine capacity of less than 750 kW for at least 24 months;

b) For chief engineer officers: undertake responsibilities in the capacity as second engineer on board ships with total main engine capacity ranging of less than 750 kW for at least 24 months; or as engineer officer on board ships with total main engine capacity of less than 750 kW for at least 36 months.

Article 33. Requirements for issuance of certificates of competency to chief engineer officers on board ships with total main engine capacity of less than 75 kW

1. Requirements for competence:

a) Hold a lower secondary education completion certificate;

b) Complete a short-term training course in ship operations and pass the exam as prescribed by the Minister of Transport. Any candidate acquiring a certificate in elementary ship operations shall only be required to pass the exam.

2. The approved period of seagoing service shall be at least 12 months.

Article 34. Requirements for issuance of certificates of competency to engineer officers on board ships with total main engine capacity of 750 kW or more

1. Requirements for competence:

a) Hold an associate degree in ship operations or higher; or a certificate of completion of marine officer training course in ship operations as prescribed by the Minister of Transport. If a candidate only obtains a professional/vocational secondary education diploma in ship operations, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire at least level 2 in marine English proficiency;

c) Pass the examinations for engineer officers on board ships with total main engine capacity of 750 kW or more.

2. Requirements for capacity undertaking:

a) Work as an apprentice for at least 12 months as recorded in the training book record under the training course meeting requirements in Section A-III/1 of STCW Code, or serve at least 36 months in seagoing service on board ships with total main engine capacity of 750 kW or more including at least 06 months as an ASD;

b) Any candidate who has undertaken the capacity as engineer officer on a ship with total main engine capacity of less than 750 kW shall serve at least 06 months in the approved seagoing service on board ships with total main engine capacity of 750 kW or more.

Article 35. Requirements for issuance of certificates of competency to engineer officers on board ships with total main engine capacity of less than 750 kW

1. Requirements for competence:

a) Obtain a professional/vocational secondary education degree in ship operations or higher.

b) Acquire at least level 1 in marine English proficiency;

c) Pass the examinations for engineer officers on board ships with total main engine capacity of less than 750 kW.

2. Requirement for capacity undertaking: serve in seagoing service on board ships with total main engine capacity of 75 kW or more for at least 36 months.

Article 36. Requirements for issuance of certificates of competency to ratings forming part of a navigational watch

1. Every candidate for OS shall:

a) Hold a professional/vocational secondary education diploma in control engineering, or certificate of completion of control engineering theory under maritime officer training program as prescribed by the Minister of Transport. If a candidate only obtains an elementary certificate in control engineering, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing service for 06 months or apprentice as a seaman in 02 months.

2. Every candidate for ASD shall:

a) Hold a certificate of competency for OS (If a candidate does not hold a certificate of competency for OS, he/she must obtain an associate degree in control engineering or higher);

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing service for 18 months or apprentice as an ASD in 12 months.

Article 37. Requirements for issuance of certificates of competency to ratings forming part of an engineer-room watch

1. Every candidate for oiler shall:

a) Hold a professional/vocational secondary education diploma in ship operations or higher; or certificate of completion of ship operations theory as part of maritime officer training program as prescribed by the Minister of Transport. If a candidate only obtains an elementary certificate, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing service for 06 months or apprentice as an Oiler in 02 months.

2. Every candidate for ASE shall:

a) Hold a certificate of competency for Oiler (If a candidate does not hold a certificate of competency for Oiler, he/she must obtain an associate degree in ship operations or higher);

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing service for 12 months or apprentice as an ASE in 06 months.

Article 38. Requirements for issuance of certificates of competency to electro-technical officers

1. Requirements for competence:

a) Obtain an associate degree in marine electrical engineering or higher. If a candidate only obtains a professional/vocational secondary education diploma in marine electrical engineering, he/she must complete an advanced training course as prescribed by the Minister of Transport;

b) Acquire at least level 2 in marine English proficiency;

c) Complete the advanced training as prescribed by the Minister of Transport and pass the examination for electro-technical officers;

2. Requirements for capacity undertaking: undergo an apprenticeship of at least 12 months as part of the training program meeting requirements in Table A-III/6 of the STCW Code as recorded in the training book record; or serve in approved seagoing service for at least 36 months.

Article 39. Requirements for issuance of certificates of competency to electricians

1. Obtain a professional/vocational secondary education diploma in marine electrical engineering or higher. If a candidate only obtains a professional/vocational secondary education diploma in marine electrical engineering, he/she must complete an advanced training course as prescribed by the Minister of Transport;

2. Acquire a certificate of proficiency in basic training;

3. Serve in approved seagoing service for 06 months or apprentice as an electrician in 03 months.

Article 40. Requirements for issuance of certificates of competency to Vietnamese citizens who hold certificates of competency issued by foreign competent authorities

1. Hold a professional/vocational secondary education diploma in control engineering, ship operations or marine electrical engineering from a foreign maritime school, and such diploma is recognized in accordance with the regulations of the Ministry of Education and Training of Vietnam.

2. Hold a certificate of competency issued by a competent authority of the country or territory signing an agreement with Vietnam on recognition of certificates of competency.

Article 41. Requirements for re-issuance of certificates of competency

1. A certificate of competency shall be re-issued in cases of loss, damage, incorrect information, expired or about to expire.

2. For an expired or soon-to-be-expired certificate of competency, the following requirements must be satisfied:

a) The seafarer has undertaken the capacity as stated in his/her certificate of competency for 12 months in total or more within 05 years immediately before the date of application for re-issuance. In case of failure to ensure enough time to undertake the capacity as stated in the certificate of competency, he/she must serve in apprentice ass the capacity stated in the certificate of competency in 03 months within 06 months immediately before the date of application for re-issuance;

b) Certificates of competency suitable to the capacities as prescribed by the STCW Convention must be valid.

Article 42. Requirements for re-issuance of certificates of proficiency

1. A certificate of proficiency shall be re-issued in cases of loss, damage, incorrect information, expired or about to expire.

2. For an expired or soon-to-be-expired certificate of proficiency, the following requirements must be satisfied:

a) The seafarer has served in seagoing service suitable to his/her certificate of proficiency for 12 months in total or more within 05 years since the date of application for re-issuance;

b) If the time limit specified in Point a of this Clause is not met, he/she must pass the examination to assess the capacity suitable to his/her certificate of proficiency.

 

Section 3
REQUIREMENTS FOR ISSUANCE AND RE-ISSUANCE OF CERTIFICATES OF ENDORSEMENT ATTESTING THE ISSUANCE OF THE CERTIFICATE, CERTIFICATES OF ENDORSEMENT ATTESTING THE RECOGNITION OF THE CERTIFICATE OF COMPETENCY, AND CERTIFICATES OF INSTRUCTOR

 

Article 43. Requirements for issuance of certificates of endorsement attesting the recognition of the certificate of competency

1. Meet health standards for seafarers and be in the range of the working age as prescribed in Vietnam’s labor laws.

2. Hold a certificate of competency, a Global maritime distress and safety systems (GMDSS) general operator’s certificate (GOC) and restricted operator’s certificate (ROC), and a certificate of proficiency in oil tankers, chemical tankers or liquefied gas tankers issued by a competent authority of a country or territory signing an agreement with Vietnam on the recognition of certificates of competency.

3. The approved period of seagoing service shall be at least 36 months.

Article 44. Requirements for issuance of certificates attesting the issuance of the certificate

1. Hold a GMDSS GOC, a GMDSS ROC, and a certificate of proficiency in oil tankers, chemical tankers or liquefied gas tankers, ships operating in polar waters, high-speed crafts.

2. A candidate for a certificate attesting the issuance of the certificate of proficiency in advanced professional training on board ships operating in polar waters shall have at least 02 months of experience working in polar waters or other equivalent recognition.

Article 45. Requirements for issuance of certificates of instructor

1. Complete a training course for instructors.

2. A stimulator instructor shall be trained in the use of simulators and the assessment using simulators.

Article 46. Requirements for re-issuance of certificates of endorsement attesting the issuance of the certificate, certificates of endorsement attesting the recognition of the certificate of competency, and certificates of instructor

The certificates of endorsement attesting the issuance of the certificate, certificates of endorsement attesting the recognition of the certificate of competency, and certificates of instructor shall only be re-issued in the cases of lost, incorrect information, or damaged.

 

Section 4
ORGANIZATION OF EXAMINATIONS FOR MARINE OFFICERS

 

Article 47. Maritime Officer Examination Council

1. The Maritime Officer Examination Council (hereinafter referred to as the Examination Council for short) shall be established by the Director of the Vietnam Maritime Administration, consisting of 05 members: the Chair of the Examination Council, who is the leader of the Vietnam Maritime Administration; 01 Secretary of the Examination Council; 02 members, who are departmental-level leaders of the Vietnam Maritime Administration (the Department of Organization and Personnel, and the Department of Registration of Ships and Seafarers); 01 member who is a leader of a training facility.

2. The Examination Council shall:

a) Advise the Director of the Vietnam Maritime Administration to decide:  the list of examinees; the establishment of the Board of Examiners for the marine officer examination (hereinafter referred to as the Board of Examiners for short) to supervise and mark exam papers; the selection exam questions appropriate for each capacity; and the recognition of examination results;

b) Organize, inspect, supervise and administer the examination;

c) Aggregate reports on examination results;

d) Handle violations against examination regulations.

Article 48. Board of Examiners

1. The Board of Examiners shall be established by the Director of the Vietnam Maritime Administration at the proposal of the Chair of the Examination Council.

2. The number of examiners depends on the number of examinees, but the Board of Examiners must consist of at least 03 members, of whom at least 1/3 are not directly involved in training. Members of the Board of Examiners shall be masters, chief engineers, specialists in marine and management, and teachers with pedagogical skills, capabilities, experiences, and qualifications appropriate to the qualifications and competence required by each examination.

3. The Board of Examiners shall:

a) Give oral exam questions and mark exam papers seriously, transparently and precisely to properly assess the examinees' qualifications;

b) Detect and request the Examination Council to promptly correct the detected incorrectness in question sheets;

c) Detect and request the Chair of the Examination Council to promptly handle wrongdoings during the examination.

 

Section 5
SEAFARER EDUCATION AND TRAINING

 

Article 49. Instructors

1. Instructors are persons who complete the coach training under the training program as prescribed by the Minister of Transport and hold certificates of instructor.

2. Instructors must be appropriately qualified and experienced and must hold certificates appropriate for respective training courses; in cases where the training course using simulators, the instructor must hold a certificate appropriate for the stimulation training course he/she is teaching.

3. Instructors or individuals obtaining the certificates of accreditation as instructor issued by foreign countries in accordance with the 1978 STCW Convention and its amendments may be appointed to undertake responsibilities in the capacity as instructor of respective training courses; train seafarers and update onboard training book records.

Article 50. Basic training

1. Trainees graduating in marine majors from training facilities shall be issued the certificates of proficiency in basic training by such training facilities.

2. Any seafarer who has yet to undergo a basic training shall complete the basic training as prescribed by the law provisions and shall be issued a certificate of proficiency in basic training by the training facilities.  

Article 51. Special training

1. Special training shall be provided for seafarers on board oil tankers, chemical tankers, liquefied gas tankers, passenger tankers, Ro-Ro passenger tankers, ships operating in polar waters, and high-speed crafts.

2. Special training provided for seafarers on board oil tankers, chemical tankers and liquefied gas tankers includes basic and advanced training courses.

3. Special training provided for seafarers on board passenger ships and Ro-Ro passenger includes training courses in safety training for personnel providing direct service for passengers on passenger spaces; passenger safety, cargo safety and hull integrity; crowd management, crisis management and human behavior.

4. As for oil tankers, chemical tankers and liquefied gas tankers, the certificates of proficiency in basic training shall be issued to seafarers who have completed basic training courses.

5. As for oil tankers, chemical tankers and liquefied gas tankers, the certificates of proficiency in advanced training shall be issued to chief engineer officers, second engineer officers, chief mates and other seafarers in charge of cargo stowage who have completed advanced training courses.

6.  As for ships operating in polar waters, the certificates of proficiency in basic training shall be issued to masters, chief mates, deck officers who have completed basic training courses and meet the standards of competence as specified in Section A-V/4, Paragraph 1 of the STCW Code.

7. As for ships operating in polar waters, the certificates of proficiency in basic training shall be issued to masters and chief mates who have at least 02 months of experience working in the polar waters or other equivalent recognition, have completed advanced training courses and meet the standards of competence specified in Section A-V/4, Paragraph 2 of the STCW Code.

8. As for passenger ships and Ro-Ro passenger ships, the certificates of proficiency in special training shall be issued to:

a) Masters, chief mates, officers, and other seafarers responsible for care for passengers in emergency cases, who have completed the training courses in crowd management;

b) Masters, chief mates, chief engineer officers, second engineer officers and other seafarers in charge of welcoming and discharge of passengers, cargo loading and lashing, closing and opening of doors at ship’s head and ship’s sides, who have completed training courses in passenger safety, cargo safety and hull integrity;

c) Masters, chief mates, chief engineer officers, second officer engineers and other seafarers in charge of passenger safety in emergency cases, who have completed training courses in emergency response, crisis management and human behavior;

d) Seafarers providing direct services for passengers in passenger spaces who have completed training courses in safety.

9. As for high-speed crafts, the certificates of proficiency shall be issued to seafarers who have completed training courses to undertake capacities on board high-speed crafts.

Article 52. Professional training

1. Radar observation and plotting: The certificates of proficiency in professional training in radar observation and plotting shall be issued to masters, chief mates and deck officers, who have completed training courses in radar observation and plotting.

2. ARPA: The certificates of professional training in ARPA shall be issued to masters, chief mates, deck officers, who have completed training courses in ARPA.

3. GMDSS:

a) The GMDSS GOC shall be issued to masters, chief mates and deck officers on board ships installed with GMDSS and operating in A2, A3 and A4 zones, who have completed the GMDSS GOC training courses;

b) The GMDSS ROC shall be issued to masters, chief mates and deck officers on board ships installed with GMDSS and operating in A1 zone, who have completed the GMDSS ROC training courses;

4. Electronic chart display and information system (ECDIS): The certificates of proficiency in ECDIS shall be issued to masters, chief mates, and deck officers, who have completed the ECDIS training courses.

5. Bridge team/resource management: The certificates of proficiency in bridge team/resource management shall be issued to masters, chief mates, and deck officers, who have completed the training courses in bridge team/resource management training courses.

6. Engine-room team/resource management: The certificates of proficiency in engine-room team/resource management shall be issued to chief engineer officers, second engineer officers and engineer officers, who have completed the training courses in engine-room team/resource management.

7. Seafarers with designated security duties: The certificates of proficiency in designated security duties shall be issued to seafarers, who have completed the training courses in designated security duties.

8. Ship security officers: The certificates of proficiency as ship security officer shall be issued to masters, chief mates, and deck officers, who have completed the ship security officer training courses.

9. Advanced firefighting: The certificates of proficiency in advanced firefighting shall be issued to deck officers and engineer officers, who have completed the advanced training courses in firefighting.

10. Medical first aid: The certificates of proficiency in medical first aid shall be issued to deck officers and engineer officers, who have completed the training courses in medical first aid.

11. Medical care: The certificates of proficiency in healthcare shall be issued to masters, chief mates, and seafarers responsible for medical care on board, who have completed the training courses in medical care.

12. Survival crafts and rescue boats: The certificates of proficiency in survival crafts and rescue boats shall be issued to deck officers, engineer officers, seafarers, and oilers, who have completed the training courses in survival crafts and rescue boats.

13. Fast rescue boats: The certificates of proficiency in fast rescue boats shall be issued to deck officers, engineer officers, seafarers and oilers on board ships installed with fast rescue boats, who have completed the training courses in fast rescue boats

Every candidate for training courses and certification of proficiency in fast rescue boats must hold a certificate of proficiency in survival crafts and rescue boats.

14. Ship safety management: The certificates of proficiency in ship safety management shall be issued to officers who have completed the training courses in ship safety management.

15. Maritime English: The certificates of proficiency in maritime English shall be issued to cadets and seafarers who have passed the level 1, level 2, or level 3 maritime English examinations.

16. Chief cooks and marine caterers: The certificates of proficiency in chief cooks and marine caterers shall be issued to seafarers, who have completed the training courses in chief cooks and marine caterers.

Article 53. Seafarer training facilities

1. Seafarer training facilities shall meet standards in facilities and lecturers as prescribed by the Government.

2. Seafarer training facilities must build electronic databases on trainee management, examination management, scheduling of training courses, and the electronic databases on management of professional certificates for lookup in accordance with the provisions of the STCW Convention. The electronic databases on management of professional certificates must be connected to the seafarer database of the Vietnam Maritime Administration.

Article 54. Seafarer training courses

1. Seafarer training courses include:

a) Professional training courses for certification of proficiency;

b) Training courses for certification of competency.

2. Based on standards of competence and professional certificates issued to seafarers as prescribed in Chapter II and Chapter III hereof and the International Maritime Organization (IMO) Model Course, training facilities shall compile and submit the training courses to the Minister of Transport for approval.

3. According to the approved training courses, the training facilities shall develop and adopt the detailed curricula, syllabi, and training documents.

 

Section 6

ISSUANCE, RE-ISSUANCE, RECOGNITION AND ENDORSEMENT OF CERTICATES OF COMPETENCY AND CERTIFICATES OF PROFICIENCY

 

Article 55. Procedures for issuance of certificates of endorsement attesting the recognition of certificates of competency

1. Certificates of endorsement attesting the recognition of certificates of competency shall be granted to seafarers who meet the requirements for such certificates as prescribed in this Circular and the STCW Convention.

2. The applicant shall submit a dossier of application for certificates of endorsement attesting the recognition of certificates of competency in person or by post or via other appropriate means to the Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration. A dossier shall include:

a) A written request made by the seafarer management body according to the form in Appendix II issued together with this Circular;

b) A copy of the certificate of competency issued by a competent authority of the country or territory that has entered into an agreement on recognition of certificates of competency with the Government of Vietnam;

c) The originals or certified true copies of health examination form as prescribed by the Ministry of Health, passport, discharge book or documentary evidence of seagoing service issued by a maritime administration;

d) 02 color photos of 3x4 cm size like those used in ID cards, taken within the past 06 months.

3. The Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration shall receive, examine and record the dossier composition and quantity, give an appointment for return of dossier processing result within the prescribed time limit, and carry out a verification of authenticity and validity with the foreign competent authority that has issued the certificate of competency.

a) In cases where the dossier submitted in person is incomplete, the receiving agency shall return it to the applicant and provide instructions on completion of the dossier in accordance with law provisions;

b) In cases where the dossier submitted by post or other appropriate means is incomplete, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall send a written notification to the applicant within a period of 02 working days from the date of receipt;

c) Within a period of 02 working days from the date of receipt of a complete dossier as prescribed, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall issue the certificate of endorsement attesting the recognition of the certificate of competency, made according to the form in Appendix I issued together with this Circular. In cases where a dossier is refused, a written response that specifies reasons for refusal shall be sent to the applicant;

4. A certificate of endorsement attesting the recognition of the certificate of competency shall be valid according to the validity period of the certificate of competency or the employment contract to be signed but for a period of not exceeding 02 years.

5. Fees and charges: Fees and charges for issuance of certificates of endorsement shall be paid in accordance with regulations of the Ministry of Finance.

Article 56. Procedures for issuance of certificates of competency for ratings forming part of a navigational watch, ratings forming part of an engine-room watch and electricians; certificates of competency for Vietnamese seafarers holding certificates of competency issued by foreign competent authorities

1. Eligible applicants:

a) Seafarers who meet the requirements for certificates of competency for OS, ASD, Oiler, ASE and electrician as prescribed in this Circular and the STCW Convention.

b) A seafarer who is Vietnamese citizen and meets the requirements as prescribed in Article 40 of this Circular shall be issued with the certificate of competency indicating the same capacity and limitations with the certificate of competency issued by foreign competent authority.

2. The applicant shall submit 01 dossier of application for certificates of competency for ratings forming part of a navigational watch, ratings forming part of an engine-room watch and electricians or Vietnamese seafarers holding certificates of competency issued by foreign competent authorities to the Vietnam Maritime Administration in person or by post or other appropriate means.

3. A dossier of application for a certificate of competency for OS, Oiler and electrician shall include:

a) A written request made by the seafarer according to the form in Appendix III issued together with this Circular, or made by the training institution or seafarer management body according to the form in Appendix IV issued together with this Circular;

b) The certified true copies, or copies enclosed with their originals for comparison, of degrees or certificates of graduation or decisions on graduation, certificates of completion of advanced training course (if any) and certificates of proficiency in basic training. With regard to a degree of graduation issued by a foreign training institution, the certified true copy or the copy enclosed with its original shall be submitted for comparison of the certificate of recognition of the degree in accordance with regulations of the Ministry of Education and Training;

c) An original or certified true copy of health examination form as prescribed by the Ministry of Health;

d) 02 color photos of 3x4 cm size like those used in ID cards, taken within the past 06 months;

dd) A certified true copy, or a copy enclosed with its original for comparison, of the seafarer’s discharge book (in cases where the applicant holds a certificate of completion of advanced training course or elementary vocational education diploma).

4. A dossier of application for issuance of a certificate of competency for ASDs or ASEs shall include the documents as prescribed at Points a, b, c, d Clause 3 of this Article and the certified true copy, or the copy enclosed with its original for comparison, of the seafarer’s discharge book.

5. A dossier of application for issuance of a certificate of competency for ASD or ASE who holds certificates of competency for OS or Oiler shall include the documents as prescribed at Points a, c, d Clause 3 of this Article, the certificates of competency for OS or Oiler and the certified true copy, or the copy enclosed with its original for comparison, of the seafarer’s discharge book.

6. A dossier of application for issuance of a certificate of competency for a Vietnamese seafarer that holds a certificate of competency issued by a foreign competent authority shall include the documents as specified at Points a, b, c, d Clause 3 of this Article and the certified true copy of the certificate of competency issued by a competent authority of the country or territory that has entered into an agreement on recognition of certificates of competency with the Government of Vietnam, the seafarer’s discharge book.

7. The Vietnam Maritime Administration shall receive, examine and record the dossier composition and quantity and give an appointment for return of dossier processing result within the following time limits:

a) In cases where the dossier submitted in person is incomplete, the receiving agency shall return it to the applicant and provide instructions on completion of the dossier in accordance with law provisions;

b) In cases where the dossier submitted by post or other appropriate means is incomplete, the Vietnam Maritime Administration shall send a written notification to the applicant within a period of 02 working days from the date of receipt;

c) Within a period of 02 working days from the date of receipt of a complete dossier as prescribed, the Vietnam Maritime Administration shall issue the certificate of competency, made according to the form in Appendix I issued together with this Circular. In cases where a dossier is refused, a written response that specifies reasons for refusal shall be sent to the applicant;

8. Fees and charges: Fees and charges for issuance of certificates of competency shall be paid in accordance with regulations of the Ministry of Finance.

Article 57. Procedures for issuance of certificates of endorsement attesting the issuance of certificates

1. The certificates of endorsement attesting the issuance of certificates shall be issued to the seafarers who meet the requirements for such certificates as prescribed in this Circular and the STCW Convention.

2. The applicant shall submit 01 dossier of application for certificates of endorsement attesting the issuance of certificates to the Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration in person or by post or in any other appropriate means. A dossier shall include:

a) A written request made by the seafarer according to the form in Appendix V issued together with this Circular, or made by the seafarer management body according to the form in Appendix VI issued together with this Circular;

b) The certified true copies or the copies enclosed with their originals for comparison, of GOC, ROC and certificates of proficiency in special training;

c) 02 color photos of 3x4 cm size like those used in ID cards, taken within the past 06 months.

3. The Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration shall receive, examine and record the dossier composition and quantity, and give an appointment for return of dossier processing result within the prescribed time limits.

a) In cases where the dossier submitted in person is incomplete, the receiving agency shall return it to the applicant and provide instructions on completion of the dossier in accordance with law provisions;

b) In cases where the dossier submitted by post or other appropriate means is incomplete, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall send a written notification to the applicant within a period of 02 working days from the date of receipt;

c) Within a period of 02 working days from the date of receipt of a complete dossier as prescribed, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall issue the certificate of endorsement attesting the issuance of the certificate, made according to the form in Appendix I issued together with this Circular. In cases where a dossier is refused, a written response that specifies reasons for refusal shall be sent to the applicant;

4. The certificate of endorsement attesting the issuance of the certificate shall be valid according to the validity period of the GOC, ROC and certificate of proficiency in special training.

5. Fees and charges for issuance of certificates of endorsement attesting the issuance of certificates shall be paid in accordance with regulations of the Ministry of Finance.

Article 58. Procedures for issuance of certificates of instructor

1. The certificates of instructor shall be issued to instructors and seafarers who meet the requirements for such certificates as prescribed in this Circular and the STCW Convention.

2. A dossier of application for a certificate of instructor shall be submitted to the Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration in person or by post or in other appropriate means. A dossier shall include:

a) A written request for a certificate of instructor made by the instructor according to the form in Appendix VII issued together with this Circular or made by the training institution according to the form in Appendix VIII issued together with this Circular;

b) The original, or certified true copy, or copy enclosed with its original for comparison, of certificate of completion of the training course or decision on recognition of graduation of the training course for instructor;

c) 02 color photos of 3x4 cm size like those used in ID cards, taken within the past 06 months;

d) The original, or certified true copy, or copy enclosed with its original for comparison, of certificate of completion of the training course in use of simulators and simulation assessment (in cases where the instructor works at the simulation department).

3. The Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration shall receive, examine and record the dossier composition and quantity, and give an appointment for return of dossier processing result within the prescribed time limits.

a) In cases where the dossier submitted in person is incomplete, the receiving agency shall return it to the applicant and provide instructions on completion of the dossier in accordance with law provisions;

b) In cases where the dossier submitted by post or other appropriate means is incomplete, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall send a written notification to the applicant within a period of 02 working days from the date of receipt;

c) Within a period of 02 working days from the date of receipt of a complete dossier as prescribed, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall issue the certificate of instructor, made according to the form in Appendix I issued together with this Circular. In cases where a dossier is refused, a written response that specifies reasons for refusal shall be sent to the applicant;

4. Fees and charges: Fees and charges for issuance of a certificate of instructor shall be paid in accordance with regulations of the Ministry of Finance.

Article 59. Procedures for re-issuance of certificates of competency, certificates of endorsement attesting the issuance of the certificate, certificates of endorsement attesting the recognition of certificates of competency, certificates of instructor

1. The Article applies to the seafarers who hold certificates of competency, certificates of endorsement attesting the issuance of the certificate, certificates of endorsement attesting the recognition of certificates of competency, or certificates of instructor, and meet all re-issuance requirements as prescribed in this Circular.

2. The applicant shall submit 01 dossier of application for re-issuance of the certificate to the Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration in person or by post or in other appropriate means. A dossier shall include:

a) A written request made according to the form in Appendix IX issued together with this Circular or a written request made by the seafarer management body according to the form in Appendix X issued together with this Circular;

b) The original certificate if it is inaccurate, damaged, expired or expiring (In cases where the seafarer fails to submit the original of expired certificate of competency because the applicant is serving on board ship, such original shall be submitted within a period of 07 days after the seafarer returns to Vietnam);

c) A certified true copy, or a copy enclosed with its original for comparison, of ID Card or Citizen Identity Card in cases where the certificate is lost;

d) Legal written proofs of any modifications in cases where the certificate contains inaccurate information;

dd) 02 color photos of 3x4 cm size like those used in ID cards, taken within the past 06 months;

e) A certified true copy or original of health examination form as prescribed by the Ministry of Health (in cases of application for re-issuance of certificate of competency);

g) A certified true copy or a copy enclosed with its original for comparison, of the seafarer’s discharge book (in cases where the certificate of competency is expired or expiring).

3. The Vietnam Maritime Administration or its branch offices or local maritime administrations authorized by the Vietnam Maritime Administration shall receive, examine and record the dossier composition and quantity, and give an appointment for return of dossier processing result within the prescribed time limits.

a) In cases where the dossier submitted in person is incomplete, the receiving agency shall return it to the applicant and provide instructions on completion of the dossier in accordance with law provisions;

b) In cases where the dossier submitted by post or other appropriate means is incomplete, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall send a written notification to the applicant within a period of 02 working days from the date of receipt;

c) Within a period of 02 working days from the date of receipt of a complete dossier as prescribed, the Vietnam Maritime Administration or its branch offices or local maritime administration authorized by the Vietnam Maritime Administration shall re-issue the certificate, made according to the form in Appendix I issued together with this Circular. In cases where a dossier is refused, a written response that specifies reasons for refusal shall be sent to the applicant;

4. In cases where a certificate is lost or damaged or contains inaccurate information, the re-issued certificate shall be valid for a period of not exceeding 5 years and according to the validity of the former certificate.

5. Fees and charges: Fees and charges for re-issuance of certificates shall be paid in accordance with regulations of the Ministry of Finance.

Article 60. Procedures for provision of professional improvement courses and issuance of certificates of competency for officers, masters and chief engineers

1. The applicant shall submit a dossier of application for attending the professional improvement course or the examination for officer, master or chief engineer in person or by post or in other appropriate means to the training institution. A dossier shall include:

a) A written request made according to the form in Appendix XI issued together with this Circular;

b) The certified true copies, or copies enclosed with their originals for comparison, of graduation degree or certificate of completion of training program for maritime officer, certificate of completion of advanced training course (if any). With regard to a graduation degree issued by a foreign training institution, the certified true copy or the copy enclosed with its original shall be submitted for comparison of the certificate of recognition of graduation degree in accordance with regulations of the Ministry of Education and Training.

c) A copy of the certificate of competency or certificate of maritime English;

d) A original or certified true copy of health examination form as prescribed by the Ministry of Health;

dd) A seagoing service testimonial (the confirmation of seafarer management body is not required), made according to the form in Appendix XII issued together with this Decree;

e) A certified true copy of the seafarer’s discharge book;

g) 02 color photos of 3x4 cm size like those used in ID cards, taken within the past 06 months.

2. The training institution shall receive and examine the received dossiers. In cases where a dossier is not satisfactory, the training institution shall instruct the applicant to complete it.

3. Within a period of 02 working days from the receipt of complete dossiers as prescribed, the training institution shall submit a dossier to the Vietnam Maritime Administration in person, or by post, or in other appropriate means. A dossier shall include:

a) A written request made by the training institution for approval of the list of trainees attending the advanced training course or the professional improvement course, or attending examinations for masters or chief engineers, according to the form in Appendix XIII issued together with this Circular;

b) A dossier of each trainee (attached).

4. The Vietnam Maritime Administration shall receive, examine and approve the dossier, and issue a decision on approval for the list of individuals eligible to attend the training courses and examination within a period of 05 working days from the date of receipt of the complete dossier. In cases where a dossier is refused, a written response that specifies reasons for refusal shall be sent to the applicant.

5. According to the report on result of examination for officers, masters and chief engineer officers submitted by the Board of examiners, the Vietnam Maritime Administration shall issue the decision on recognition of the examination results and certificate of competency within a period of 05 working days.

Article 61. Revocation of certificates of competency, certificates of endorsement, and other certificates issued to seafarers

1. Certificates of competency, certificates of endorsement, and other certificates issued to seafarers shall be revoked in cases where the seafarers falsify any documents included in their application, or erase, trade, lend or lease their certificate of competency.

2. The authorities competent to issue or re-issue certificates of competency, certificates of endorsement, and other certificates shall assume the responsibility for revocation of such certificates.

 

Chapter IV

MINIMUM SAFETY COMPLEMENT REQUIREMENTS

 

Article 62. Minimum safety complement levels

1. General provisions on Vietnamese seagoing ships

a) The minimum safety complement levels for deck departments of ships by gross tonnage (GT):

 (*) In cases where a deck officer holds an appropriate certificate for operating the GMDSS radio on ships, the GMDSS radio operator is not required.

b) The minimum safety complement levels for engine departments of ships by the main propulsion machinery (kW):

2. With regard to ships installed with complicated electrical equipment, the electro-technical officer or electrician may be arranged.

3. The minimum safety complement levels for exceptional circumstances:

a) With regard to tug boats or construction ships which regularly operate within a certain area for a short operating period, based on the written proposal of the ship-owner, the ship registry may decide a different minimum safety complement level conformable with the actual operation of the ship, including at least 01 master, 01 deck officer, 01 ASD, or 01 chief engineer officer, 01 engineer officer and 01 ASE. With regard to small tug boats or construction ships with a minimum safety complement level less than the one specified at this point, no reduction of the safe manning level shall apply;

b) With regard to a non-self-propelled barge without accommodation spaces, the minimum safety complement level is 0 (zero) person. During the operation, it must be supported by a tug boat for ensuring safe operation as prescribed;

c) With regard to passenger ships and Ro-Ro passenger ships, in addition to the minimum safety complement levels as prescribed in Clause 1 of this Article, 01 (one), 02 (two), 03 (three) or 04 (four) seafarers in charge of passengers must be arranged on the ship carrying a maximum of 200, 300, 500 or more than 500 passengers respectively. The number of personnel in charge of passengers must be specified as a note of the minimum safety complement certificate.

4. With regard to public-service ships, pilot boats, submarines, submersibles, floating storage units, mobile offshore drilling units and other ships with special functions, based on the written proposal of the ship-owner, the ship registry shall decide a minimum safety complement level conformable with the actual operation of the ship. The ship-owner’s proposal must indicate the capacity and number of seafarers necessary to ensure the safe operation of the ship, and hours of rest of the seafarers.

5. The minimum safety complement certificate shall be issued by the ship registry where the ship is registered at the same time when the ship’s certificate of registry is issued and made according to the form in Appendix XIV issued together with this Circular.

Article 63. Vietnamese seagoing ship’s arrangement

1. Ship owners shall assume the responsibility for arranging seafarers who meet eligibility requirements as specified in Article 59 of the Vietnam Maritime Code to work on board Vietnamese seagoing ships.

2. A seafarer who is designated to work on a Vietnamese seagoing ship shall be required to meet the following requirements:

a) The designated seafarer must hold an appropriate professional certificate. A seafarer cannot be designated to the capacity higher than the capacity and relevant limitations indicated in his certificate of competency.

A holder of certificate of competency for deck officer or engineer officer or higher may be designated to OS, ASD, Oiler or ASE.

b) In addition to certificates of competency and certificates of proficiency required to work on normal ships, a seafarer assigned to work on oil, chemical or liquefied gas tanker, passenger ship, Ro-Ro passenger ship, ship operating in polar waters or a high-speed craft shall be required to have a certificate of proficiency in special training appropriate to the capacity he will undertake on the ship.

3. Principles of assignment of seafarers’ grade/capacity in particular cases:

a) In cases of incapacity of the master or chief engineer on a ship which is on his/her voyage, the ship-owner or the ship operator shall assign the chief officer or deck officer holding the highest capacity to take charge of responsibilities of the master or chief engineer to maneuver the ship until he reaches the first port of destination;

b) A master on a passenger ship must have served in the capacity of master on non-passenger ships of the same grade for a period of at least 24 months or in the capacity of chief officer on passenger ships for a period of at least 24 months.

 

Chapter V

ONBOARD INTERNSHIP

 

Article 64. Responsibility of training institutions

1. Training institutions shall develop onboard internship plans meeting the requirements of their training programs.

2. In cases where a training institution does not have training ships, it shall be required to cooperate with other training institutions or ship-owners in preparing ships for training purposes.

3. Training institutions shall request ship-owners to receive onboard interns under training programs.

Article 65. Responsibility of ship-owners to receive onboard interns

1. Providing information on annual training and recruitment of seafarers to competent maritime authorities.

2. Placing orders for seafarers with training institutions.

3. Participating in the formulation of training programs/syllabi; providing instructions and assessing interns’ performance; welcoming trainees, lecturers and instructors to visit and practice for improving their competence under contracts signed with training institutions.

4. Receiving, providing accommodation and facilitating trainees, lecturers and instructors working on ships; Paying salaries and wages to trainees, lecturers and instructors directly working or participating in any duties on ships during their training/internship period as agreed upon in the signed contracts; Making certification of the time of designating the capacity to the onboard intern on his discharge book; making declaration of onboard interns electronically on seafarer database of the Vietnam Maritime Administration and assuming responsibility for their certification.

Article 66. Responsibility of masters, chief engineers and maritime officers towards onboard interns

1. Ship-owners shall assign masters, chief engineers and maritime officers to instruct trainees, lecturers or instructors apprenticing on board ships.

2. Masters, chief engineer officers and maritime officers shall provide instructions, training, certification and assessment of performance of onboard interns under their internship programs.

3. Masters shall record the time of disembarking/leaving the ship of onboard interns in their discharge books and assume responsibility for their certification.

Article 67. Responsibility of onboard interns

1. Every on board intern shall have a discharge book and appropriate certificate of proficiency appropriate to the certain types of ships on which (s) he works as an intern.

2. Interns shall comply with ship owner’s regulations and rules, undertake designated tasks and follow the instructions of masters, chief engineer officers, maritime officers, lecturers and instructors.

3. Benefits and rights of onboard interns on Vietnamese seagoing ships shall be provided in accordance with the law of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory.

 

Chapter VI

IMPLEMENTATION PROVISIONS

 

Article 68. Effect

1. This Circular takes effect from April 15, 2020.

2. The Circular No. 37/2016/TT-BGTVT dated November 25, 2016 of the Ministry of Transport providing for standards of competence, certificates of competency, certificates of training for seafarers, and minimum safety complement levels for Vietnamese seagoing ships shall be annulled.

3. Certificates of competency, certificates of endorsement and other certificates of seafarers, and minimum safety complement certificates (except for passenger ships) issued before the effective date of this Circular shall remain valid until the expiry dates indicated in the certificate or the relevant certificate is re-issued.

Minimum safety complement certificates for passenger ships issued before the effective date of this Circular shall remain valid until August 31, 2020 inclusively.

4. Training institutions shall complete connections between their databases to the seafarer database of the Vietnam Maritime Administration before July 01, 2020.

Article 69. Implementation organization

1. The Vietnam Maritime Administration shall assume the prime responsibility for, and cooperate with relevant agencies, organizations and individuals in, implementing this Circular.

2. Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of Departments, Director General of the Vietnam Maritime Administration, heads of relevant agencies, organizations and individuals shall implement this Circular./.

For the Minister 
The Deputy Minister
Nguyen Van Cong

 

* All Appendices are not translated herein.