Thông tư 11/2012/TT-BGTVT tiêu chuẩn chuyên môn, chứng chỉ chuyên môn của thuyền viên

CIRCULAR

PROVIDING ON PROFESSIONAL STANDARD, PROFESSIONAL CERTIFICATE OF SEAFARERS ANDTHEMINIMUM SAFETY COMPLEMENT OF VIETNAMESE SEAGOING SHIPS

Pursuant to the June 14, 2005 Vietnam Maritime Code;

Pursuant to the Government’s Decree No. 51/2008/ND-CP, of April 22, 2008, defining the functions, tasks, powers and organizational structure of the the Ministry of Transport;

Pursuant to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (or STCW) in 1978andamended in 2010, of which Vietnam is a member.

The Minister of Transport promulgates the Circular providing on professional standard, professional certificate ofseafarers and the minimum safety complement of Vietnamese seagoing ships.

Chapter I

GENERAL PROVISION

Article 1. Scope of regulation

This Circular provides on professional standard, professional certificate of seafarers and the minimum safety complement of Vietnamese seagoing ship.

Article 2. Subjects of application

1.This Circular applies to agencies, organizations, individuals, seafarers that relate to professional standard, professional certificate of seafarers and the minimum safety complement of Vietnamese seagoing ships.

2.This Circular applies to ships on official duty in cases specified in this Circular.

Article 3. Interpretation of terms

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

1.STCW Conventionmeans the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers in 1978 and amended in 2010;

2.STCW Codemeans the Code together with the Convention on Standards of Training, Certification and Watchkeeping for Seafarers in 1978 and amendments;

3.Captainmeans person having the highest the command right of a ship;

4.Vice captainmeans the adjacent-captain officer and being the commander of shipwhenthe captainisincapable of commanding;

5.Deck officermeans officer who possess specialized and professional qualification as prescribed in Chapter II of STCW Convention;

6.Chiefmechanicmeans high-level mechanic officer whois inchargeofmechanical propulsion of ship and operation, maintenance of ship’s electrical and mechanical equipment;

7.Second Mechanicmeans mechanic officer who is adjacent chief machine and in charge of mechanical propulsion of ship and operation, maintenance of ship’s electrical and mechanical equipment when chief machine is incapable of undertaking thereof;

8.Mechanicmeans officer who possess specialized professional qualification as prescribed in Regulation III/1, III/2 or III/3 of STCW Convention;

9.Electro technical officermeans officer who possess specialized professional qualification as prescribed in Regulation III/6 of STCW Convention;

10.Radio-informationoperator(hereinafter abbreviated as TTVT)means officer who possess specialized professional qualification as prescribed in Chapter IV of STCW Convention;

11.Electro technical workmanmeans a seafarer who possesses specialized professional qualification as prescribed in Regulation III/7 of STCW Convention;

12.Oilermeans ship that is produced and specialized used for the oil and oil product carriage;

13.Chemical shipmeans ship thatis producedor reformed and used for carriage by sea of liquid chemicals in bulk enumerated in Chapter 17 of the International Code on carriage by sea of liquid chemicals in bulk (IBC Code);

14.Liquefied gas shipmean ship thatis producedorreformed and used for carriage by sea ofLiquefied gasesin bulk specified in Chapter 19 of the International Code on carriage by sea ofLiquefied gasesin bulk (IGC Code);

15.Passengershipmeansship specified in International Convention on safety of life at sea in 1974 andamendments(SOLAS 1974);

16.Ro-Ropassengershipmeans ship specified in International Convention on safety of life at sea in 1974 and amendments (SOLAS 1974);

17.Near-shore itinerarymeans itinerary of ship with gross tonnage under 500GT in limit by mainland with straight-linesconnectedwith the coordinate points: 12000’N, 100000’E; 23000’N, 100000’E; 23000’N, 114020’E; 12000’N, 114000’E; 12000’N, 116000’E; 07000’N, 116000’E and 07000’N, 102030’E. In additionally, itinerary of ships in waters belonging to sovereignty and continental shelves of Vietnam shall be considered as near-shore itinerary;

18.Training record bookmeans book that is used to issue for seafarers possessing university qualification who practicing as a deck officer on a 500 GT- or more ship, practicing at position of machine officer on ship with total main engine capacity from 750 KW or more; and that is used to issue for seafarers possessing the college or 36 month - vocational college qualification, who practicing as an electrotechnical officer under the requirement in Table A-III/6 of STCW Code;

19.Practicetimemeans time which seafarers work on ship under a training program in conformity with the STCW Convention;

20.Probationary timemeans practice time for a title of shipclasscorresponding to professional competence certificate under supervision by an officer;

21.Time in charge of a job titlemeans worked at a job title corresponding to the professional competence certificate have been granted;

22.Seafaring periodmeans time in which seafarers, trainees work and practice on seagoing vessels;

23.Monthmeans month under solar calendar or 30 days composed from durations less than a month;

24.Functionmeans a group of works, tasks and duties specified in the STCW Code, being necessary for operation of ship, safety of life at sea or marine environmental protection;

25.Companymeans ship owner or any other organization or individual such as manger or ship hirer who take responsibility for operation of ship and persons who agree to be in charge of all such tasks and duties for company under provisions thereof;

26.Certificate of professional competence (hereinafter abbreviated as GCNKNCM)means certificate used to grant for seafarers as prescribed in the STCW Convention;

27.Certificate of professionaltraining(hereinafter abbreviated as GCNHLNV)means certificate used to grant for seafarers as prescribed in the STCW Convention;

28.Confirmation of recognition of professional competence Certificatemeans confirmation granted by the general director of Vietnam Maritime Administration for foreign seafarers who have possessed Certificate of professional competence granted as prescribed in the STCW Convention aiming to work on Vietnam seagoing vessels;

29.Confirmation of issuance of certificatemeans confirmation granted by the general director of Vietnam Maritime Administration for seafarers who have been granted certificate of correspondence training course completion by head of training institution as prescribed in Regulation IV/2 and Regulation V/1 or the STCW Convention;

30.An OS watchkeepingsailormeans a seafarer who possess professional qualification as prescribed in RegulationII/4 of STCW Convention and complete the professional operation training course stipulated by the Ministry of Transport;

31.An AB watchkeepingsailormeans a seafarer who possess professional qualification as prescribed in Regulation II/4 and Regulation II/5 of the STCW Convention and complete the professional operation training course stipulated by the Ministry of Transport;

32.An Oiler watchkeepingmechanicmeans a seafarer who possess professional qualification as prescribed in Regulation III/4 of the STCW Convention and complete the professional operation training course stipulated by the Ministry of Transport;

33.An AB watchkeepingmechanicmeans a seafarer who possess professional qualification as prescribed in Regulation III/4 and Regulation III/5 of the STCW Convention and complete the professional operation training course stipulated by the Ministry of Transport;

Chapter II

PROFESSIONAL STANDARD OF SEAFARERS

Article 4. Professional standard of captain, vice captain of ship with 500 GT or more

The captain, vice captain of ship with 500 GT or more must satisfy professional standards specified in section A-II/1, A-II/2, A-IV/2 and A-VIII/2 of the STCW Code in concerning with functions as follows:

1.Maritime according to the managementlevel;

2.Technique of laying and arranging commodities according to the management level;

3.Controlling ship’s activities and taking care of persons on ship according to the management level;

4.Information and communication according to the operation level.

Article 5. Professional standard of captain, vice captain of ship from 50 T toless than500 GT, Near-shore itinerary and captain of shipless than50 GT

The captain, vice captain of ship from 50 GT toless than500 GT, near-shore itinerary and captain of shipless than50 GT must satisfy professional standards specified in section A-II/3, A-IV/2 and A-VIII/2 of the STCW Code in concerning with functions as follows:

1.Maritime according to management level;

2.Technique of laying and arranging commodities according to the management level;

3.Controlling ship’s activities and taking care of persons on ship according to the management level;

4.Information and communication according to the operation level.

Article 6. Professional standard of deck officerof shipwith 500 GT or more

The deck officer of ship with 500 GT or more must satisfy professional standards specified in section A-II/1, A-IV/2 and A-VIII/2 of the STCW Code in concerning with functions as follows:

1.Maritime according to management level;

2.Technique of laying and arranging commodities according to the management level;

3.Controlling ship’s activities and taking care of persons on ship according to the management level;

4.Information and communication according to the operation level.

Article 7. Professional standard of deck officer of ship from 50 GT toless than500 GT, near-shore itinerary

The deck officer of ship from 50 GT toless than500 GT, near-shore itinerary must satisfy professional standards specified in section A-II/3, A-IV/2 and A-VIII/2 of the STCW Code in concerning with functions as follows:

1.Maritime according to management level;

2.Technique of laying and arranging commodities according to the management level;

3.Controlling ship’s activities and taking care of persons on ship according to the management level;

4.Information and communication according to the operation level.

Article 8. Professional standard ofwatchkeepingsailor

1.Professional standard ofOS watchkeepingsailor

TheOS watchkeeingsailor must satisfy professional standards specified in section A-II/4 of the STCW Code on maritime function under the assistance level.

2.Professional standard ofAB watchkeepingsailor

TheAB watchkeepingsailor must satisfy professional standards specified in section A-II/4 and A-II/6 of the STCW Code on functions as follows:

a) Maritime according totheassistance level;

b) Technique of laying and arranging commodities according to the assistance level;

c) Controlling ship’s activities and taking care of persons on ship according to the assistance level;

d) Maintenance and repair according to the assistance level.

Article 9. Professional standard of chief mechanic, second mechanic of ship withtotalcapacity of main engine from 750 KW or more

The chief mechanic, second mechanicof ship withtotal capacityof main engine from 750 GT or more must satisfy professional standards specified in section A-III/1, A-III/2 and A-VIII/2 of the STCW Code in concerning with functions as follows:

1.The seagoing vessel machine technique according to the management level;

2.Technique of electron, electricity andenginecontrol according to the management level;

3.Maintenance and repair according to the management level;

4.Controlling ship’s activities and taking care of persons on ship according to the management level;

Article 10. Professional standard of chief mechanic, second mechanic of ship withtotalcapacity of main engine from 75 KW toless than750 KM and chief mechanic of ship withtotal capacityof main engineless than75 KW

Chief mechanic, second mechanic of ship withtotalcapacity of main engine from 75 KW to less than 750 KM and chief mechanic of ship with total capacity of main engine less than 75 KW must satisfy professional standards under training program regulated by The Minister of Transport regarding on functions as follows:

1.The seagoing vessel machine technique according to the management level;

2.Technique of electron, electricity and machine control according to the management level;

3.Maintenance and repair according to the management level;

4.Controlling ship’s activities and taking care of persons on ship according to the management level;

Article 11. Professional standard of mechanic officer of ship withtotalcapacity of main engine from 750 KW or more

The mechanic officer of ship with total capacity of main engine from 750 GT or more must satisfy professional standards specified in section A-III/1 and A-VII/2 of the STCW Code regarding on functions as follows:

1.The seagoing vessel machine technique according to the operation level;

2.Technique of electron, electricity and machine control according to the operation level;

3.Maintenance and repair according to the operation level;

4.Controlling ship’s activities and taking care of persons on ship according to the operation level;

Article 12. Professional standard of mechanic officer of ship withtotalcapacity of main engine from 75 KW to less than 750 KW

Mechanic officer of ship with total capacity of main engine from 75 KW to less than 750 KM must satisfy professional standards under training program regulated by The Minister of Transport regarding on functions as follows:

1.The seagoing vessel machine technique according to the operation level;

2.Technique of electron, electricity and machine control according to the operation level;

3.Maintenance and repair according to the operation level;

4.Controlling ship’s activities and taking care of persons on ship according to the operation level;

Article 13. Professional standard ofwatchkeepingmechanic

1.Professional standard ofOiler watchkeepingmechanic:

TheOiler watchkeeping mechanicmust satisfy professional standards specified in section A-III/4 of the STCW Code on seagoing vessel machine technical function under the assistance level.

2.Professional standard ofAB watchkeeping mechanic:

The ABwatchkeeping mechanicmust satisfy professional standards specified in section A-III/4 and A-III/5 of the STCW Code on functions as follows:

a) The seagoing vessel machine technique according to the assistance level;

b) Technique of electron, electricity and machine control according to the assistance level;

c) Maintenance and repair according to the assistance level;

d) Controlling ship’s activities and taking care of persons on ship according to the assistance level;

Article 14. Professional standard of electro technical officer

The electro technical officer must satisfy professional standards specified in section A-III/6 of the STCW Code on functions as follows:

1.Technique of electron, electricity and machine control according to the operation level;

2.Maintenance and repair according to the operation level;

3.Controlling ship’s activities and taking care of persons on ship according to the operation level;

Article 15. Professional standard of electro technical workman

The electro technical workman must satisfy professional standards specified in section A-III/7 of the STCW Code on functions as follows:

1.Technique of electron, electricity and machine control according to the assistance level;

2.Maintenance and repair according to the assistance level;

3.Controlling ship’s activities and taking care of persons on ship according to the assistance level;

Chapter III

PROFESSIONAL CERTIFICATE OF SEAFARERS

Section 1. TYPES OF PROFESSIONAL CERTIFICATES

Article 16. Classification of professional certificates

Professional certificatesof Vietnamese seafarers include the following types:

1.Certificate of professional competence;

2.Certificate of professional trainning:

a) Certificate of basic professional trainning (hereinafter abbreviated as GCNHLNVCB);

b) Certificate of special professional trainning (hereinafter abbreviated as GCNHLNVDB);

c) Certificate of specialized professional trainning (hereinafter abbreviated as GCNHLNVCM);

Article 17. Certificate of professional competence

1.Certificate of professional competence granted by the general director of Vietnam Maritime Administration for seafarers to be in charge of job titles as prescribed in this Circular, other relavant Vietnamese laws and in conformity with the SCTE Convention.

2.Certificate of professional competence is valid within 05 years from the date of issuance.

Article 18. Certificate of basic professional trainning

1.Certificate of basic professional operation training is granted by training and coaching institutions for seafarers who have finished program of basic professional operation training regarding on salvage technique, fire fighting and preventing, basic medical first aid, safety of life and social duties in conformity with the STCW Convention.

2.Certificate of basic professional operation training is valid within 05 years from the date of issuance.

Article 19. Certificate of special professional trainning

1.Certificate of special professional operation training is granted by training and coaching institutions for seafarers who have finished one of programs of special professional operation training in conformity with the STCW Convention as follows:

a) Basicrelating tooiler, chemical ship, liquefied gas ship;

b) Advanced relating to oiler, chemical ship, and liquefied gas ship;

c) Crowd management for passenger ship and Ro-Ro passenger ship;

d) Training safety for staff servicing directly on the passenger hold for passenger ship and Ro-Ro passenger ship;

dd) Trainingonsafety of passengers, safety of commodities and intactness of ship-husk for passenger ship and Ro-Ro passenger ship;

e) Management of crisis and human reaction on passenger ship and Ro-Ro passenger ship;

2.Certificate of special professional trainning is valid within 05 years from the day of insuance

Article 20. Certificate of professional operation training

1.Certificate of professional operation training is granted by training and coaching institutions for seafarers who have finished one of programs of professional operation training in conformity with the STCW Convention as follows:

a) Observationand Radarplotting;

b) Automatic radar plotting aid (ARPA);

c) Globalmaritime distress and safety system (GMDSS) generaloperator certificate(GOC), restrainedoperator certificate(ROC);

d) Advanced fire fighting;

dd) Medicalfirst - aid;

e) Health care;

g) Rescue raft, salvage boat;

h) High – speed salvage boat;

i) Awareness of seagoing vessel security;

j) Seafarers have specific task of seagoing vessel security;

k) Seagoing ship security officer;

l) Management of crew/ Cockpit resource;

m) Management of crew/ engine-room resource;

n) Maritime English;

o) The electronicchart;

p) Management of seagoing ship’s safety.

2.Certificate of specialized professional trainning is valid within 05 years from the day of insuance.

Section 2. CONDITION OF GRANTING CERTIFICATE OF PROFESSIONAL COMPETENCE

Article 21. General conditions

To be granted a certificate of professional competence, seafarer must satisfy general conditions as follows:

1.At the labor age and meeting the healthy standard as prescribed;

2.Graduating in specialized on seagoing ship control, operation of seagoing ship machine or ship -electricaltechnique from schools trainingspecializedin maritime;

3.The following cases must have additional subjects which they did not learn or learn incompletely

a) Graduating in specializedon sectorspecified in clause 2 of this Article from other schools;

b) Graduating in specialized on analogous sector from schools training specialized in maritime;

c) Graduating in specialized on control of inland waterway means, machine of inland waterway or electrical technique of inland waterway means from schools training specialized in inland waterway;

4.Having valid dossier as prescribed in section 5 of this Circular;

5.Being eligible on professional and time of undertaking job title corresponding to each job title specified in articles 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 of this Circular.

Article 22. Condition of granting certificate of professional competence for captain,vice captain of ship from 3000 GT or more

1.Profesional conditions:

a) Graduating specialized in seagong ship control at university level; if graduating specialized in seagong ship control at college or vocational college level with training time of 36 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 3 or the English is equivalent to the C certificate or higher;

c) Finishing program of professional fostering as prescribed by the Ministry of Transport andattainingresult in officer examination at the level of management of ship from 3000 GT or more.

2.Conditions of undertaking job titles:

a) For vice captain: Having worked as deck officer title of ship from 500 GT or more in at least 24 months;

b) For captain:

-Having worked as vice captain title of ship from 3000 GT or more in at least 24 months or having worked as captain title of ship from 500 GT to less than 3000 GT in at least 12 months and working as vice captain of ship from 3000 GT or more in at least 12 months;

-Attaining result in the examination for captain of ship from 3000 GT or more.

Article 22. Condition of granting certificate of professional competence for captain,vice captain of ship from 3000 GT or more

1.Profesional conditions:

a) Graduating specialized in seagoing ship control at college or vocational college level with training time of 36 months; if graduating specialized in seagoing ship control at professional secondary or vocational college level with training time of less than 36 months or intermediate vocational level with training time of 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 2 or the English is equivalent to the B certificate or higher;

c) Finishing program of professional fostering as prescribed by the Ministry of Transport and attaining result in officer examination at the level of management of ship from 500 GT to less than 3000 GT.

2.Conditions of undertaking job titles:

a) For vice captain: Having worked as deck officer title of ship from 500 GT or more in at least 24 months;

b) For captain:

-Having workedasvice captain title of ship from 500 GT to less than 3000 GT in at least 24 months or having worked as captain title of ship from 50 GT to less than 500 GT, near – shore itinerary in at least 12 months and working as vice captain of ship from 500 GT to less than 3000 GT in at least 12 months;

-Attaining result in the examination for captain of ship from 500 GT or less than 3000 GT.

Article 24. Conditions of granting certificate of professional competence for captain, vice captain of ship from 50 T to less than 500 GT, non near-shore itinerary

Captain, vice captain of ship from 50 GT to less than 500 GT, non near-shore itinerary must have certificate of professional competencefor Captain, vice captain of ship from 500 GT or more.

Article 25. Conditions of granting certificate of professional competence for captain, vice captain of ship from 50 T to less than 500 GT, near-shore itinerary

1.Profesional conditions:

a) Graduating specialized in seagoing ship control at professional secondary or vocational college level with training time of less than 36 months or vocational upper secondary level with training time of 24 months; if graduating specialized in seagoing ship control at vocational upper secondary level with training time of less than 24 months or long-term vocational level with time from 12 months to less than 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 1 or the English is equivalent to the A certificate or higher;

c) Finishing program of short-term professional fostering as prescribed by the Ministry of Transport and attaining result in officer examination at the level of management of ship from 50 GT to less than 500 GT.

2.Conditions of undertaking job titles:

a) For vice captain: Having worked as deck officer title of ship from 50 GT to less than 500 GT, near-shore itinerary in at least 24 months;

b) For captain: Having worked as deputy team capatain title of ship from 50 GT to less than 500 GT, near-shore itinerary in at least 24 months;

Article 26. Condition of granting certificate of professional competence for captain of ship less than 50 GT

1.Profesional conditions:

a) Greduating from lower secondary school;

b) Completing program on short-term training specilized in seagong ship control and attaining the examination result as prescribed by the Ministry of Transport; if graduating specilized in seagong ship control at preliminary vocational level, they must only attain the examination result;

2.Condition of seafaring period: Having seafaring period at least of 12 months.

Article 27. Condition of granting certificate of professional competence for deck officer of ship from 500 GT or more

1.Profesional conditions:

a) Graduating specialized in seagoing ship control at college or vocational college level with training time of 36 months; if graduating specialized in seagoing ship control at professional secondary or vocational college level with training time of less than 36 months or intermediate vocational level with training time of 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 2 or the English is equivalent to the B certificate or higher;

c) Attaining result in the examination for deck officer of ship from 500 GT or more.

2.Conditions of time of undertaking job titles:

a) Having Practice time that is recorded in "The training record book" at least 12 months under the training program satisfying requirements in section A-II/1 of the STCW Code or having seafaring period at least 36 month on the ship from 500 GT or more, in which having at least 06 months working as sailor of shift working;

b) If worked as deck officer on ship from 50 GT to less than 500 GT, near-shore itinerary, they must have at least 06 months seagoing on ship from 500 GT or more.

Article 28. Condition of granting certificate of professional competence for deck officer of ship from 50 GT to less than 500 GT, non near-shore itinerary

Deck officer of ship from 50 GT to less than 500 GT, non near-shore itinerary must have certificate of professional competence for Deck officer of ship from 500 GT or more as prescribed in Article 27 of this Circular.

Article 29. Condition of granting certificate of professional competence for deck officer of ship from 50 GT to less than 500 GT, near-shore itinerary

1.Profesional conditions:

a) Graduating specialized in seagoing ship control at professional secondary or vocational college level with training time of less than 36 months or vocational upper secondary level with training time of 24 months; if graduating specialized in seagoing ship control at vocational upper secondary level with training time of less than 24 months or long-term vocational level with time less than 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 1 or the English is equivalent to the A certificate or higher;

c) Attaining result in the examination for deck officer of ship from 50 GT to less than 500 GT.

2.Conditions of time of undertaking job titles: Having seafaring period at least of 36 months on ship from 50 GT or more.

Article 30. Condition of granting certificate of professional competence of chief mechanic, second mechanic of ship with total capacity of main engine from 3000 KW or more

1.Profesional conditions:

a) Graduating specilized in seagoing ship machine operation at university level; if graduating specilized in seagoing ship machine operation at college or vocational college level with training time of 36 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 3 or the English level is equivalent to the C certificate or higher;

c) Finishing program of professional fostering as prescribed by the Ministry of Transport and attaining result in officer examination at the level of management of ship with total capacity of main engine from 3000 GT or more.

2.Conditions of undertaking job titles:

a) For second mechanic: Having worked as mechanic officer of ship with total capacity of main engine from 750 KW or more in at least 24 months;

a) For chief mechanic:

-Having worked as second mechanic of ship with total capacity of main engine from 3000 KW or more in at least 24 months; or working as chief machine of ship with total capacity of main engine from 750 KW to less than 3000 KW in at least 12 months and working as second mechanic of ship with total capacity of main engine from 3000 or more in at least 12 months;

-Attaining result in the examination for chief mechanic of ship with total capacity of main engine from 3000 GT or more.

Article 31. Condition of granting certificate of professional competence of chief mechanic, second mechanic of ship with total capacity of main engine from 750 KW to less than 3000 KW

1.Profesional conditions:

a) Graduating specialized in seagoing ship machine operation at college or vocational college level with training time of 36 months; if graduating specialized in seagoing ship machine operation at professional secondary or vocational college level with training time of less than 36 months or intermediate vocational level with training time of 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 2 or the English level is equivalent to the B certificate or higher;

c) Finishing program of professional fostering as prescribed by the Ministry of Transport and attaining result in officer examination at the level of management of ship with total capacity of main engine from 750 GT to less than 3000 KW.

2.Conditions of undertaking job titles:

a) For second mechanic: Having worked as mechanic officer of ship with total capacity of main engine from 750 KW or more in at least 24 months;

a) For chief mechanic:

-Having worked as second mechanic of ship with total capacity of main engine from 750 KW to less than 3000 KW in at least 24 months; or working as chief machine of ship with total capacity of main engine from 75 KW to less than 750 KW in at least 12 months and working as second mechanic of ship with total capacity of main engine from 750 KW to less than 3000 KW in at least 12 months;

-Attaining result in the examination for chief mechanic of ship with total capacity of main engine from 750 KW to less than 3000 KW.

Article 32. Condition of granting certificate of professional competence of chief mechanic, second mechanic of ship with total capacity of main engine from 75 KW to less than 750 KW

1.Profesional conditions:

a) Graduating specialized in seagoing ship machine operation at professional upper secondaryor vocational upper secondarylevel with training time of 24 months; vocational college level with training time of less than 36 months; if graduating specialized in seagoing ship machine operation at vocational upper secondary level with training time of less than 24 months or long-term volcational level with training time of less than 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 1 or the English is equivalent to the A certificate or higher;

c) Finishing program of professional fostering as prescribed by the Ministry of Transport and attaining result in officer examination at the level of management of ship with total capacity of main engine from 75 KW to less than 750 KW.

2.Conditions of time of undertaking job titles:

a) For second mechanic: Having worked as mechanic officer of ship with total capacity of main engine from 75 KW to less than 750 KW, in at least 24 months;

a) For chief mechanic: Having worked as second mechanic of ship with total capacity of main engine from 75 KW to less than 750 KW in at least 24 months; or working as machine officer of ship with total capacity of main engine from 75 KW to less than 750 KW in at least 36 months;

Article 33. Condition of granting certificate of professional competence for chief mechanic of ship with total capacity of main engine less than 75 KW

1.Profesional conditions:

a) Greduating from lower secondary school;

b) Completing program on short-term training specilized in seagong ship machine operation and attaining the examination result as prescribed by the Ministry of Transport; if graduating specilized in seagong ship machine operation at preliminary vocational level, they must only attain the examination result;

2.Condition of seafaring period: Having seafaring period at least of 12 months.

Article 34. Condition of granting certificate of professional competence for mechanic officer of ship with total capacity of main engine from 750 KW or more

1.Profesional conditions:

a) Graduating specialized in seagoing ship machine operation at college or vocational college level with training time of 36 months; if graduating specialized in seagoing ship machine operation at professional secondary or vocational college level with training time of less than 36 months or intermediate vocational level with training time of 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 2 or the English level is equivalent to the B certificate or higher;

c) Attaining result in the examination for mechanic officer of ship with total capacity of main engine from 750 GT or more.

2.Conditions of time of undertaking job titles:

a) Having practice time that is recorded in "The training record book" at least 12 months under the training program satisfying requirements in section A-III/1 of the STCW Code or having seafaring period at least 36 month on the ship with total capcity of main engine from 750 KW or more, in which having at least 06 months working as mechanic of shift working;

b) If worked as mechanic officer of ship with total capacity of main engine from 75 KW to less than 750 KW, must have at least 06 months for seagoing on ship with total capacity of main engine from 75 KW or more;

Article 35. Condition of granting certificate of professional competence of mechanic officer of ship with total capacity of main engine from 75 KW to less than 750 KW

1.Profesional conditions:

a) Graduating specialized in seagoing ship machine operation at professional secondary or vocational college level with training time of less than 36 months; or vocational upper secondary level with training time of 24 months; if graduating specialized in seagoing ship machine operation at vocational upper secondary level with training time of less than 24 months or long-term volcational level with training time of less than 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 1 or the English is equivalent to the A certificate or higher;

c) Attaining result in the examination for mechanic officer of ship with total capacity of main engine from 75 KW to less than 750 KW.

2.Conditions of time of undertaking job titles: Having time of seagoing at least 36 months on ship with total capacity of main engine from 75 KW or more;

Article 36. Condition of granting certificate of professional competence for watchkeeping sailor

1.OS watchkeeping sailor:

a) Graduating specialized in seagoing ship control at vocational upper secondary level with training time of less than 24 months; if graduating specialized in seagoing ship control at preliminary vocationallevel, they must finish the advanced training program regulated by the Ministry of Transport;

b) Possesing certificate of basic professional tranining;

c) Possesing certificate of seagoing ship security awareness professional tranining;

d) Having seafaring period of 06 months or practicing as OS watchkeeping sailor for 02 months.

2.AB watchkeeping sailor:

a) Graduating specialized in seagoing ship control at vocational upper secondary level with training time of less than 24 months; if graduating specialized in seagoing ship control at preliminary vocational level, they must finish the advanced training program regulated by the Ministry of Transport;

b) Possesing certificate of basic professional tranining;

c) Possesing certificate of seagoing ship security awareness professional tranining;

d) Having seafaring period of 18 months or practicing as AB watchkeeping sailor for 12 months.

Article 37. Condition of granting certificate of professional competence for watchkeeping mechanic

1.Oiler watchkeeping mechanic:

a) Graduating specialized in seagoing ship machine operation at volcational upper secondary level with training time of less than 24 months; if graduating specialized in seagoing ship machine operation at preliminary vocationallevel, they must finish the advanced training program regulated by the Ministry of Transport;

b) Possesing certificate of basic professional tranining;

c) Possesing certificate of seagoing ship security awareness professional tranining;

d) Having seafaring period of 06 months or practicing as Oiler watchkeeping mechanic for 02 months.

2.AB watchkeeping mechanic:

a) Graduating specialized in seagoing ship machine operation at volcational upper secondary level with training time of less than 24 months; if graduating specialized in seagoing ship machine operation at preliminary vocational level, they must finish the advanced training program regulated by the Ministry of Transport;

b) Possesing certificate of basic professional tranining;

c) Possesing certificate of seagoing ship security awareness professional tranining;

d) Having seafaring period of 18 months or practicing as AB watchkeeping mechanic for 12 months.

Article 38. Condition of granting certificate of professional competence for electrotechnical officer

1.Profesional conditions:

a) Graduating specialized in seagoing ship electrical technique at college or vocational college level with training time of 36 months; if graduating specialized in seagoing ship electrical technique at Professional upper secondary or vocational college level with training time of less than 36 months or vocational upper secondary level with training time of 24 months, they must finish the advanced training program regulated by the Ministry of Transport;

b) Knowing the maritime English at level 2 or the English level is equivalent to the B certificate or higher;

c) Finishing program of professional fostering as prescribed by the Ministry of Transport and attaining result in seagoing ship electrotechnical officer examination.

2.Conditions of time of undertaking job titles: Having practice time that is recorded in "The training record bood" at least 12 months under the training program satisfying requirements in section A-III/6 of the STCW Code or having seafaring period at least 36 month;

Article 39. Condition of granting certificate of professional competence for electrotechnical workman

1.Graduating specialized in seagoing ship electrical technique at vocational upper secondary level with training time of less than 24 months; if graduating specialized in seagoing ship electrical technique at preliminary vocational level, they must finish the advanced training program regulated by the Ministry of Transport;

2.Possesing certificate of basic professional tranining;

3.Possesing certificate of seagoing ship security awareness professional tranining;

4.Having seafaring period of 06 months or practicing as electrotechnical workman for 03 months.

Section 3. ORGANIZATION OF OFFICER EXAMINATION

Article 40. The Council of officer examination

1.The Council of officer examination (hereinafter abbreviated as the Council of examination) is established by the general director of Vietnam Maritime Administration, comprising from 05 to 07 members: Chariman of the Council of examination is leader of Vietnam Maritime Administration; members are representatives of Department of Officer organization – under the Ministry of Transport; representatives of some relevant functunal offices of Vietnam Maritime Administration, head of training and coaching institution.

2.The Council of examination hasduties:

a) Consulting for the general director of Vietnam Maritime Administration to decide: List of candidates; establishment of the officer examination jury (hereinafter refered to as the Jury) that organize for supervising examination and marking examination papers; selecting examination questions for each job title rank; recognition of examination result.

b) Organizing, checking, supervising operation of examinations;

c) Synthesizing for report on examination result;

d) Handling violations on examination regulation.

Article 41. The jury

1.The Jury is established by decision of the general director of Vietnam Maritime Administration based on proposal of the chairman of the Council of examination.

2.Quantity of members of the Jury shall depend on quantity of candicates but at least it must have 03 members, in which must have at least 1/3 members of the Jury who not participate in teaching directly. Members of the Jury are captains, chief mechanics, or experts in maritime, management, or teachers having pedagogical skill, capability, experiences and specialized qualification correspondence to specialized level and ability at the requirement of each examination session.

3.Task of the Jury:

a) Questioning, marking examination seriously, fairly, exactly, assessing properly on level of candidates;

b) Detecting mistakes in examination questions, requesting the Council of examination for timely adjustment ;

c) Detecting negative phenomenons in the examination and proposing to chairman of the Council of examination for timely settlement.

Article 41. Main Coach

1.Main coaches at training and coaching institutions or on ship are persons who have experiences and professional qualification, being trained ob training skills under program approved by the Ministry of Transport and granted certificate of main coach by Vietnam Maritime Administration.

2.Main coaches must have experiences; professional level and certificate of training that are suitable with the correspondence course; if course uses simulation, they must have certificate suitable with simulation program being taught by them;

3.Main coaches or persons possessing certificate of coach grantef by foreign country in conformity with 1978 STCW Convention, amended in 2012 shall be appointed for coach work of correspondence course; training seafarers, recording on book of training, practicing on seagoing ship.

Section 4. TRAINING AND TRAINING, COACHING INSTITUTION

Article 43.The training basic profession, professional skill on seagoing ship security awareness

1.Learners graduate from Maritime specialized training and coaching institutions, by which they shall be granted certificate of basic professional coaching; certificate of seagoing ship security awareness professional coaching.

2.If seafarers have not passed coaching of basic professional; seagoing ship security awareness professional skill, they must finish program on coaching of basic professional; seagoing ship security awareness professional as prescribed and granted certificate by institution that trained and coached them.

Article 44.Thespecial professional skilltraining

1. Thespecial professional operation training is applied to seafarers who working on oilers, chemical ships, liquefied gas ship, passenger ship and Ro-Ro passenger ship.

2. Thespecial professional operation training subject to seafarers who working on oilers, chemical ships, liquefied gas ship, passenger ship and Ro-Ro passenger ship includes coaching of basic and advanced professional skills.

3. Thespecial professional operation training subject to seafarers who working on passenger ship and Ro-Ro passenger ship includes coaching of safety for staff service directly on paasenger hols; coaching of passenger safety, commodity safety and intactness of ship-husk ; crowd management and crisis management.

4.For oilers, chemical ships, liquied gas ships, certificates offamiliarization trainingare granted for seafarers who finished programs onfamiliarization trainingand attainedresult of examination as prescribed.

5.For oilers, chemical ships, liquied gas ships, certificates of advanced professional operation training are granted for captain, chief mechanic, vicecaptain, second mechanic, officers and other seafarers who are responsible for loading or unloading andprotecting commodities and finished programs on advanced professional coaching and attainedresult of examination as prescribed.

6.For passenger ship and Ro-Ro passenger ship, certificate of specialprofessional operation trainingis granted for completion of one or all coaching following contents:

a) Captains, vice captains, officers and other seafarers being assigned to help passenger in emergencies and completed program on crowd management training and took an examination which meeting requirements as prescribed;

b) Captains, vice captains, chief mechanics, second mechanicsand other seafarers are responsible for going up and down from ship of passengers, loading or unloading, tying up commodities, closing or opening door at ship s rail, ship’s ahead, ship s aft, and completed the training program on safety of passengers, commodities and intactness of ship-husk, and attainedexamination result as prescribed;

c) Captains, vice captains, chief mechanics, second mechanicsand other seafarers are responsible for safety of passengers in emergencies, completed training program on management of crisis, respond in emergencies and attainedexamination result as prescribed;

d) Seafarers who service directly passengers in passenger’s area completed the training program on safety and attainedexamination result as prescribed;

Article 45. Professional tranining

1.Observation and Radar plotting; Certificate of training on observation and Radar plotting is granted for captains, vice captains, deck officerswho finished training course and attained result of examination as prescribed.

2.ARPA Certificate of training on ARPA is granted for captains, vice captains, deck officerswho finished training course and attained result of examination as prescribed.

3.GMDSS:

a) General operator certificate (GOC) is granted for captains, vice captains, deck officers who work on shipboard which is equipped GMDSS operating in A2, A3,A4, completed training course of general operator and attained examination result as prescribed by the Minister of Information and Communications;

b) Restrained operator certificate (ROC) is granted for captains, vice captains, deck officers who work on shipboard which is equipped GMDSS operating in A1, completed training course of restrained operator and attained examination result as prescribed;

4.The electronicchart display and information system (ECDIS); Certificate of ECDIS training is granted for captains, vice captains, deck officers who finished training course and attained result of examination as prescribed.

5.Maritime English; Certificate of Maritime English is granted for seafarers who finished training course on Maritime English and attained examination result as prescribed.

6.Cockpit resourcemanagement: Theprofessional operation trainingcertificate of cockpit resource management is granted for captains, vice captains, deck officers who finished training course and attained result of examination as prescribed.

7.Engine room resource management: Theprofessional operation trainingcertificate of engine room resource management is granted for captains, vice captains, mechanic officers who finished training course and attained result of examination as prescribed.

8. Theprofessional operation trainingcertificate of seagoing ship security awareness is granted for seaferers who finished training course of seagoing ship security awareness and attained result of examination as prescribed.

9.Seafarers havespecific dutiesof seagoing vessel security: The seafarerprofessional operation trainingcertificate of specific seagoing ship security duty is granted for completion of training course applying to seaferers who have specific duties of seagoing vessel security and attained result of examination as prescribed.

10.Ship security officer: Certificate of ship security officerprofessional operation trainingis granted for captains, vice captains, deck officers who finished training course and attained result of examination as prescribed.

11.Advanced fire fighting; The professional operation training certificate of advance fire fighting is granted for deck officers, mechanic officers who finished training course on advanced fire fightingh and attained result of examination as prescribed.

12.Medical first - aid; The medical first-aid professional operation training certificate is granted for deck officers, mechanic officers who finished training course on medical first-aid and attained result of examination as prescribed.

13.Health care: The heath care professional operation training certificate is granted for captains, vice captains, seafarers who take responsibility for health care on shipboard and finished the training program and attaining result of examination as prescribed.

14.Rescue raft, salvage boat: The rescue-raft, salvage-boat professional operation training certificate is granted for deck officers, mechanic officers, chief sailors, mechanics who finished training program and attained result of examination as prescribed.

15.High – speed salvage boat: The High – speed salvage boat professional operation training certificate is granted for deck officers, mechanic officers, chief sailors, mechanics who work on ship equipped high – speed salvage boats and finished training program and attained result of examination as prescribed.

Seafarers who request for training and granting the high – speed salvage boat professional operation training certificate must possess the rescue-raft, salvage-boat professional operation training certificate.

16.Theseagoing ship safety management: The seagoing ship safety management professional operation training certificate is granted for completion of training course on seagoing ship security management and attaining result of examination as prescribed.

Article 46. The training, coaching institutions

1.The training, coaching institution is training, coaching school or center that has legal status, seal, account,and accepted by The Minister of Transport on the grounds of ensuring the following conditions:

a) Satisfying quantity of lecturers, teachers coaches to ensure standard at the requirement of each program on training, coaching, fostering;

b) Having programs on training, coaching, fostering and teaching material as prescribed by the Ministry of Transport, in conformity with the model course of International Maritime Organization (IMO Model Course);

c) Satisfying fully conditions on technical material and equipments servicing for training as prescribed in the program on training, coaching, fostering promulgated by the Ministry of Transport, in conformity with equipment specified in the model courses of International Maritime Organization (IMO Model Courses);

d) Possesing certificate of ISO training quality control system.

2.The training, coaching institutions shall:

a) Training, coaching, fostering under the approved programs;

b) Organizing examinations and assessing examination result;

c) Issuing certificate of professional tranining;

d) Annually reporting to Vietnam Maritime Administration on situation of training, issuance of training certificate and implementation of inner assessment as prescribed of the STCW Convention and amendments.

3.Within 05 years, the training, coaching institutions must be assessed independently as prescribed of the STCW Convention and amendments.

Article 47. Confirmation of certificate issuance

Vietnamese seafarers who are issued certificate of special professional operation training on familiarization and advancement for oilers, chemical ships, liquefied gas ships, GOC, ROC must be granted confirmation of certificate isssuance by Vietnam Maritime Administration.

Section 5. Procedures for issuance, extension, recognition, confirmation of certificates of professional competence, certificates of professional operation training

Article 48. Procedures for issuance of certificate of professional competence

1.Objects being issuances are foreign seafarers working on seagoing ship of Vietnam.

2.Organizations, individuals shall file 01 (one) set of dossier of applying for recognition of the professional competence certificate directly at Vietnam Maritime Administration or via the postal system. The dossier comprises:

a) A written request of organization managing seafarers made in according to Form in Annex II of this Circular;

c) Copy (consularly legalized) of certificate of professional competence;

c) Two color pictures, size 3x4 cm, type of identification card being taken within 06 months.

3.Vietnam Maritime Administration shall receive dossier, check component, quantity of dossier as prescribes, record in book and provide an appointment for replying result proper prescribed time limit:

a) In case of directly filing, if dossier is not sufficient as prescribed, it shall be returned and organizations, individuals shall be guided for dossier completion as prescribed

b) In case of receiving dossier via the postal system, if dossier is not sufficient as prescribed, Vietnam Maritime Administration shall have an announcement in written within 02 working days from the day of receiving;

c) If dossier is not eligible as prescribed, it should reply in written and clearly state the reason therefore;

d) Within 03 (three) working days, from the day of receiving full dossier as prescribed, Vietnam Maritime Administration shall grant confirmation of professional competence certificate made in according to form in Annex I of this Circular.

4.Charges and fees: Fees for grant of confirmation of professional competence certificate are complied with provision of the Ministry of Finance;

Article 49. Procedures for grant of certificate of professional competence for watchkeeping sailors, watchkeeping mechanic, electrotechnical workman

1.Objects implementing administrative procedures ae seafarers who undertake position of watchkeeping sailors, watchkeeping mechanic, electro technical workman as prescribedof this Circular and the STCW Convention;

2.Organizations, individuals shall file 01 (one) set of dossier requesting for issuance of certificate of professional competence of watchkeeping sailors, watchkeeping mechanic, electro technical workman directly at Vietnam Maritime Administration or send it via post. The dossier comprises:

a) An application of seafarer made in according to form in Annex III or a written request of school or organization managing seafarers made in according to form in Annex IV of this Circular;

b) Original or authenticated or notarized copy or copy together with original for comparison of one of three following documents: The graduation certificate or graduation confirmation or decision on graduation or confirmation of learning a different speciality;

c) Health certificate as prescribed;

d) Two color pictures, size 3x4 cm, type of identification card being taken within 06 months.

dd) Confirmation of watchkeeping probationary time (for persons learn a different specility or at preliminary vocational level).

3. The Vietnam Maritime Administration shall receive dossier, check component, quantity of dossier as prescribes, record in book and provide an appointment for replying result proper prescribed time limit:

a) In case of directly filing, if dossier is not sufficient as prescribed, it shall be returned and organizations, individuals shall be guided for dossier completion as prescribed;

b) In case of receiving dossier via the postal system, if dossier is not sufficient as prescribed, Vietnam Maritime Administration shall have an announcement in written within 02 working days from the day of receiving;

c) If dossier is not eligible for grant of certificate of professional competence for watchkeeping sailors, watchkeeping mechanics, electrotechnical workman as prescribed, it should be replied in wrriten and clearly state the reason therefore;

d) Within 03 (three) working days, from the day of receiving full dossier as prescribed, Vietnam Maritime Administration shall grant certificate of professional competence for watchkeeping sailors, watchkeeping mechanic, electrotechnical workman made in according to form in Annex I of this Circular.

4.Charges and fees: Fees for grant of certificate of professional competence certificate for watchkeeping sailors, watchkeeping mechanic, electrotechnical workman are complied with provision of the Ministry of Finance.

Article 50. Procedures for extansion of certificate of professional competence

1.Objects implementing administrative procedures are seafarers who possess expired certificate of professional competence and satisfy the following conditions:

a) At the labor age and meeting the healthy standard as prescribed;

b) Having undertaken a job title suitable with their granted certificate of professional competence for total 12 months or more within 05 year; if fail to ensure that time, they must have 03 probationary months at position of job title as certificate of professional competence within 06 months prior time of extension.

2.Organizations, individuals shall file 01 (one) set of dossier requesting for issuance of certificate of professional competence directly at Vietnam Maritime Administration or send it via post. The dossier comprises:

a) An application of seafarer made in according to form in Annex V or a written request of organization managing seafarers made in according to form in Annex IV of this Circular;

b) Orginal of the expired capacity professional certificate (if seafarers working in distant, can not to submit orginal, they must submit it within 07 (seven) days since seafarers come back Vietnam):

c) Health certificate as prescribed;

d) Two color pictures, size 3x4 cm, type of identification card being taken within 06 months.

3.The Vietnam Maritime Administration shall receive dossier, check component, quantity of dossier as prescribes, record in book and provide an appointment for replying result proper prescribed time limit:

a) In case of directly filing, if dossier is not sufficient as prescribed, it shall be returned and organizations, individuals shall be guided for dossier completion as prescribed;

b) In case of receiving dossier via the postal system, if dossier is not sufficient as prescribed, Vietnam Maritime Administration shall have an announcement in written within 02 working days from the day of receiving;

c) If dossier is not eligible to extend for the professional competence certificate as prescribed, it should reply in written and clearly state the reason therefore;

d) Within 03 (three) working days, from the day of receiving full dossier as prescribed, Vietnam Maritime Administration shall grant the professional competence certificate made in according to form in Annex I of this Circular.

4.Charges and fees: Fees for extension of the professional competence certificate are complied with provision of the Ministry of Finance;

Article 51. Procedures for grant of the general GMDSS wireless operator certificate (GOC), the restrained GMDSS wireless operator certificate (ROC) and the special professional operation training certificate

1.Objects implementing administrative procedures are seafares possess GOC, ROC and special professional operation training certificate.

2.Organizations, individuals shall file 01 (one) set of dossier requesting for confirmation of the special professional operation training certificatedirectly at Vietnam Maritime Administration or send it via post. The dossier comprises:

a) An application of seafarers made in according to Annex VII or a written request of organization managing seafarers made in according to Annex VIII of this Circular;

b) Copy (authenticated) of GOC, ROC, special professional operation training certificate;

c) Two color pictures, size 3x4 cm, type of identification card being taken within 06 months.

3.The Vietnam Maritime Administration shall receive dossier, check component, quantity of dossier as prescribes, record in book and provide an appointment for replying result proper prescribed time limit.

a) In case of directly filing, if dossier is not sufficient as prescribed, it shall be returned and organizations, individuals shall be guided for dossier completion as prescribed;

b) In case of receiving dossier via the postal system, if dossier is not sufficient as prescribed, Vietnam Maritime Administration shall have an announcement in written within 02 working days from the day of receiving;

c) If dossier is not eligible for confirmation of grant of GOC, ROC, the special professional operation training certificate as prescribed, it should be replied in wrriten and clearly state the reason therefore;

d) Within 03 (three) working days, from the day of receiving full dossier as prescribed, Vietnam Maritime Administration shall grant confirmation made in according to form in Annex I of this Circular;

4.Charges and fees: Fees for confirmation of GOC, ROC, special professional operation training certificate are complied with provision of the Ministry of Finance.

Article 52. Procedures for the main trainer certificate

1.Objects implementing administrative procedures are trainers satisfying provisions of this Circular and STCW Convention.

2.Organizations, individuals shall file 01 (one) set of dossier requesting for grnat od the main trainer certificate directly at Vietnam Maritime Administration or send it via post. The dossier comprises:

a) An application of grant of main trainer certificate made in according to form in Annex IX or a written request of coaching school or institution made in according to form in Annex X of this Circular;

b) Confirmation of participation in training course for main trainer with respect to coresspondence course;

c) Two color pictures, size 3x4 cm, type of identification card being taken within 06 months.

3.The Vietnam Maritime Administration shall receive dossier, check component, quantity of dossier as prescribes, record in book and provide an appointment for replying result proper prescribed time limit.

a) In case of directly filing, if dossier is not sufficient as prescribed, it shall be returned and organizations, individuals shall be guided for dossier completion as prescribed;

b) In case of receiving dossier via the postal system, if dossier is not sufficient as prescribed, Vietnam Maritime Administration shall have an announcement in written within 02 working days from the day of receiving;

c) If dossier is not eligible for grant of main trainer certificate as prescribed, it should be replied in wrriten and clearly state the reason therefore;

d) Within 03 (three) working days, from the day of receiving full dossier as prescribed, Vietnam Maritime Administration shall grant the main trainer certificate made in according to form in Annex I of this Circular;

4.Charges and fees: Fees for grant of the main trainer certificate are complied with provision of the Ministry of Finance;

Article 53. Procedures for re-grant of professional competence certificate, confirmation of granting certificate, recognition of professional competence certificate, main trainer certificate

1.Objects implementing administrative procedures are seafarers possess professional competence certificate, confirmation of granting certificate, recognition of professional competence certificate, main trainer certificate (hereinafter refered to as certificate) that are damaged, wrong information, or lost.

2.Organizations, individuals shall file 01 (one) set of dosier requesting for re-grant of certificate directly at Vietnam Maritime Administration or via post. The dossier comprises:

a) An application of seafarer made in according to form in Annex XI or a written request of organization managing seafarers made in according to form in Annex XII of this Circular;

b) Original of certificate that is damaged or wrong information;

c) Papers which are legal value to prove adjustment for case of wrong information;

d) Two color pictures, size 3x4 cm, type of identification card being taken within 06 months.

3.The Vietnam Maritime Administration shall receive dossier, check component, quantity of dossier as prescribes, record in book and provide an appointment for replying result proper prescribed time limit:

a) In case of directly filing, if dossier is not sufficient as prescribed, it shall be returned and organizations, individuals shall be guided for dossier completion as prescribed;

b) In case of receiving dossier via the postal system, if dossier is not sufficient as prescribed, Vietnam Maritime Administration shall have an announcement in written within 02 working days from the day of receiving;

c) If dossier is not eligible to re-grant certificate as prescribed, it should reply in written and clearly state the reason therefore;

d) Within 03 (three) working days, from the day of receiving full dossier as prescribed, Vietnam Maritime Administration shall re-grant certificate made in according to form in Annex I of this Circular;

4.Charges and fees: Fees for re-grant of certificates are complied with provision of the Ministry of Finance.

Article 54. Withdrawal of professional certificatesof seafarers

Professional certificate of a seafarer shall be revoked if that seafarer forges papers, dossier to participate in examination or erases, forges, buys, sells, rents, lends professional certificate. The general director of Vietnam Maritime Administration shall decide withdrawal.

Article 55. Procedures for approving list of candicates participating in advanced training course, professional fostering course; candicated taking examination for officer, captain, chief mechanic and granting the professional capccity certificate of officer, captain, chief mechanic

1.Objects implementing administrative procedures are organizations, individuals relating to advanced training course, professional fostering course; examination for officer, captain, chief mechanic and grant of the professional capccity certificate of officer, captain, chief mechanic

2.Organizations, individuals shall file 01 (one) set of dossier of every learner who participating in advanced training course, professional fostering course; taking examination for officer, captain, chief mechanic, directly at training, coaching institutions or via post. The dossier comprises:

a) An application made in according to form in Annex XIII of this Circular;

b) Authenticated copy of training specialized graduation certificate, advanced training certificate and certificate of learning different speciality (if any);

c) Curiculum vitae certified by organization managing seafarers or Ward People’s Committee where seafarers register permanent residence;

d) Copy of the professional capcacity certificate;

dd) Health certificate issued by medical institutions at district level or equivalent level, or higher;

e) Copy of the professional operation training certificate, Maritime English certificate as prescribed for job title taking examination;

g) A decleration of segoing time (confirmation of organization managing seafarers is not required) made in according to Form in Annex XIV of this Circular;

h) Anauthenticated copy of seafarer book;

i) Two color pictures, size 3x4 cm, type of identification card being taken within 06 months.

3.The training, coaching institution shall receive dossier, check component, quantity of dossier as prescribes, record in book and inform result for organizations, individuals. If dossier is not proper as prescribed, the training, coaching institution shall guide organizations, individuals to complete their dossier as prescribed; If the applicant is not eligible to participate in training, coaching course, taking examination as prescribed, it should inform and clearly state the reason therefore;

4.Within 10 (ten) working days, from the day of receiving full dossier as prescribed, the training, coaching institution shall submit 01 (one) set of dossier direct at Vietnam Maritime Administration or send it via post; The dossier comprises:

a) A written request of the training, coaching institution regarding on list of learners participating in advanced training course, professional fostering course, taking examination for officer, captain, chief mechanic made in according to Annex XV of this Circular;

b) 01 set of dossier of learners (enclosed).

5.Vietnam Maritime Administration shall receive dosiers, check, approve dossiers and make decision on persons who are eligible to participate in training, coaching course, taking examination. If dossier is not eligible, it should inform and clearly state the reason therefore;

6.Basing on report of the Officer Examination Council, on result of examination for officer, captain, chief mechanic, within 05 (five) working days, Vietnam Maritime Administration shall make decision on recognizing result of examination for officer, captain, chief mechanic and issue professional competence certificate.

7.Charges and fees: Fees of approving list of candicates participating in anvanced training course, professional fostering course, taking examination for officer, captain, chief mechanic and granting the professional capccity certificate shall implement as prescribed by the Ministry of Finance.

Chapter IV

MINIMUM SAFETY COMPLEMENT

Article 56. Minimum safety complement frame

1.General provisions for Vietnamese seagoing vessel

a) Minimum safety complement of deck department in according to gross tonnage (GT)

(*) If deck officer possesses professional certificate suitable to operate radio equipment on ship, it shall be not stipulated for position of radio information operator.

b)Minimum safety complement ofenginedepartment in according tototal capacity of main engine(KW):

(*) Positions: Electro technical officer and Electro technical workman are stipulated compulsory inMinimum safety complement ofenginedepartmentfrom January 01, 2017.

2.Basing on technical characteristics, automatic extent and operation area of ship, the seagoing ship registration agencies decide Minimum safety complement of ship suitable with actual use and exploitation of ship.

3.For passenger ship, Ro-Ro passenger ship, basing on technical characteristics, quantity of passengers, operation area of ship, the seagoing ship registration agencies provide for Minimum safety complement but must supplement additional 01 seafarer be in charged of passenger comparing with regulation in clause 01 of this Article.

4.For ship on official duty, basing on ship size, technical characteristics and operation area of ship, the seagoing ship registration agencies decide Minimum safety complement.

5.Form of minimum safety complement certificate complies with regulation in Annex XVI of this Circular.

Article 57. Arrangement of seafarers on Vietnamese seagoing vessel

1.Ship owner has reponsibility for arrangement of seafarers on Vietnamese seagoing vessel to satisfy conditions specified in clause 2, Article 46 of the Vietnam Maritime Code.

2.Arrangement of seafarers at positions on Vietnamese seagoing vessel must satisfy the following requirements:

a) Must possess professional competence certificate, professional operation training certificate in conformity with position for which seafarers are assigned;

b) Seafarers, who are arranged to work on oilers, chemical ships, liquefied gas ships, passenger ships, Ro-Ro passenger ships, in addition to professional competence certificate and professional operation training certificates which must have upon working on levelal ships, they must possess professional operation training certificates corresponding to each position on type of those ship.

3.Principle of position arrangement in some special cases:

a) For position arrangement of captain, vice captain, chief mechanic, second mechanic, deck officer, mechanic officer working on tug boats, construction boat, search and rescue boat and other boat on official duty, Vietnam Maritime Administration bases on boat’s size, technical charasterictics and operation area to guide seagoing ship registration agencies for implementation;

b) If ship is moving under its itinerary at sea, but its captain, chief mechanic cannot afford to implement their function, ship owner, ship operator may assign vice captain, second mechanic to replace captain, chief mechanic in order to continue trip, only come the first destination port;

c) Captain of passenger ship must be in charge of position as captain of ships not being passenger ship at the sameclassfor at least 24 months or be in charge of position as vice captain of passenger ship for at least 24 months.

Chapter V

IMPLEMENTATION PROVISIONS

Article 58. Effect

1.This Circular effects from June 01, 2012.

2.Annulling theDecision No. 31/2008/QD-BGTVT,of December 26, 2008 of the Minister of Transport on professional standard, professional certificate of Seafarers and the minimum safety complement of Vietnamese seagoing ship.

3.Certificates of minimum safety complement were granted under the Decision No.66/2005/QD-BGTVT, of November 30, 2005 of the Minister of Transport on professional standard, professional certivficate of seafarers and the minimum safety complement of Vietnamese seagoing ship, the Decision No. 31/2008/QD-BGTVT,of December 26, 2008 of the Minister of Transport on professional standard, professional certificate of Seafarers and the minimum safety complement of Vietnamese seagoing ship are valid till the expired day printed in those certificates.

4.Seafarers posess professional competence certificate under the Decision No. 2115/2001/QD-BGTVT, of July 04, 2001, the Decision No. 103/2002/QD-BGTVT, of January 11, 2002 of the The Minister of Transport (the professional competence certificate converted exceptionally) are arranged to work on ships with gross tonnage or total capacity of main engine correspondence to the granted professional competence certificates. Seafarers, who possess this professional competence certificate, want to upgrade to higher position or higher ship class must satisfy full conditions correspondence to provisions articles 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 of this Circular.

5.From now to July 01, 2013, seafarers who participated in training, coaching and fostering courses, still are granted professional certificate in according to standard of STCW Convention 1978, amended in 1995. From July 01, 2013, seafarers after being trained, coached, and fostered, shall be granted professional certificate in according to standard of STCW Convention 1978, amended in 2010; especialy for professional operation training course of seagoing ship security awareness, seafarers who have specific seagoing ship security task, officers of seagoing ship security shall be granted professional certificate in according to standard of STCW Convention 1978, amended in 2010 right after this Circular comes into effect.

6.Profesional certificates of seafarers which were granted under the Decision No. 31/2008/QD-BGTVT, of December 26, 2008 of the Minister of Transport on professional standard, professional certificate of seafarers and the minimum safety complement of Vietnamese seagoing ship, are valid till the end of January 01, 2017. After January 01, 2017, they shall be expired. After July 01, 2017, professional condition regarding English specified in articles 22, 23, 25, 27, 29, 30, 31, 32, 34, 35 and 38of this Circular shall compulsory be maritime English.

7.Promulgating together with this Circular 16 Annexes as follows:

a) Annex I: Form of professional certificates;

b) Annex II: Form of written request for grant of confirmation of capacity professional certificate;

c) Annex III: Application form for grant of ability specialized certificate for watchkeeping sailors, watchkeeping mechanic, and electro technical workman;

d) Annex IV: Form of written request for grant of ability specialized certificate for watchkeeping sailors, watchkeeping mechanic, and electro technical workman;

dd) Annex V: Application form for extension of capacity professional certificate;

e) Annex VI: Form of written request for extension of capacity professional certificate;

g) Annex VII: Application form for grant of Confirmation of GOC, ROC, special professional operation training certificateissuance;

h) Annex VIII: Form of written request for grant of Confirmation of GOC, ROC, special professional operation training certificate issuance;

i) Annex IX: Application form for grant of main trainer certificate;

k) Annex X: Form of written request for grant of main trainer certificate;

l) Annex XI: Application Form for re-grant of professional competence certificate, confirmation of granting GOC, ROC, special professional operation training certificate; recognition of professional competence certificate; main trainer certificate;

m) Annex XII: Form of written request for re-grant of professional competence certificate, confirmation of granting GOC, ROC, special professional operation training certificate; recognition of professional competence certificate; main trainer certificate;

n) Annex XIII: Aplication form for participation in advanced training course, professional fostering course, taking in examination for officer, captain, chief mechanic;

o) Annex XIV: The seafaring period declaration form for officer, captain, chief mechanic;

p) Annex XV: Form of written request of the training, coaching institution regarding on list of learners participating in advanced training course, professional fostering course, taking examination for officer, captain, chief mechanic;

q) Annex XVI: Form of minimum safty complement certificate.

Article 59. Organization of implementation

1.Vietnam Maritime Administration shall assume the prime responsibility for, and coordinate with relevant agencies for implementation of this Circular.

2.The Chief of the Ministry Office, the Chief Inspector of Ministry, directors of departments,general director ofVietnam Maritime Administration, heads of agencies, organizations and relevant individuals shall implement this Circular.