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THE
MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
750/2000/QD-BGTVT
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Hanoi,
March 30, 2000
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DECISION
ISSUING THE REGULATION ON THE MARITIME PILOTAGE TRAINING,
UPDATE FOSTERING, EXAMINATION AND GRANTING PROFESSIONAL CERTIFICATES THEREOF
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to Article 158 of
Vietnam’s Maritime Code
promulgated on June 30, 1990 and Resolution A.485(XII) of the International
Maritime Organization (IMO);
Pursuant to the Government’s
Decree No. 22/CP of March 22, 1994 defining the tasks, powers and State
management responsibilities of the Ministry of Communications and Transport;
At the proposals of the director of the Department for Organization, Personnel
and Labor and the director of the Vietnam Maritime Bureau,
DECIDES:
Article 1.-
To issue together with this Decision the Regulation on maritime pilotage
training, update fostering, examination and granting professional certificates
thereof.
Article 2.-
This Decision takes effect 15 days after its signing; All the earlier
provisions related to the organization of maritime pilotage training, update
fostering, examination and granting professional certificates thereof, which
are contrary to the Regulation issued together with this Decision, are hereby
annulled.
Article 3.-
The Director of the Ministry’s
Office, the director of the Department for Organization, Per-sonnel and Labor,
the director of the Vietnam Maritime Bureau and the heads of the concerned
agencies and units shall have to implement this Decision.
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FOR THE MINISTER
OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
La Ngoc Khue
REGULATION
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(Issued
together with Decision No. 750/2000/QD-BGTVT of March 30, 2000 of the Minister
of Communications and Transport)
Chapter I
GENERAL PROVISIONS
Article
1.- This Regulation provides for the maritime pilotage training, update
fostering, examination and granting professional certificates thereof to
Vietnamese maritime pilots.
Article
2.- General principles
1. All the maritime pilotage
training, update fostering, examinations and granting professional certificates
thereof to Vietnamese maritime pilots (hereinafter referred to as maritime
pilots) must comply with the provisions of this Regulation.
2. Only those maritime pilots
who have gone through training and update fostering, taken examination and
obtained professional maritime pilotage certificates as prescribed in this
Regulation, may practice maritime pilotage in Vietnam.
3. Maritime pilots aged over 60
years are not allowed to practice pilotage.
In special cases, the director
of the Vietnam Maritime Bureau may base himself/herself on the practical demand
and the proposal of the director of the Maritime Pilots’
Organization to consider and permit on the case-by-case basis maritime pilots
aged over 60 to pilot ships on conditions that they are in good health,
professionally qualified and not older than 62 years and voluntarily make an
application for continuing their maritime pilotage job.
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5. It is strictly forbidden to
appoint persons who have no professional maritime pilotage certificates and
fail to meet the age and health requirements to pilot ships operating in
Vietnamese maritime zones where maritime pilotage is compulsory.
Chapter II
SYSTEM OF PROFESSIONAL
MARITIME PILOTAGE CERTIFICATES AND MARITIME PILOTS’ TITLES
Article
3.- The system of professional maritime pilotage certificates includes:
a/ The "certificates of
professional maritime pilotage qualification" (hereinafter abbreviated to
CPMPQs), being certificates granted to maritime pilots who are professionally
qualified for holding different maritime pilots’
titles, meeting the requirements prescribed in Chapter III and Chapter V of
this Regulation.
b/ The "maritime pilotage
zone certificates", being certificates granted to maritime pilots who have
been granted CPMPQs and completed their probation duration as prescribed in
Chapter VI of this Regulation.
2. Forms of these types of
professional maritime pilotage certificates:
The forms of these types of
professional maritime pilotage certificates shall be approved by the Minister
of Communications and Transport at the proposal of the Vietnam Maritime Bureau.
The Vietnam Maritime Bureau shall have to organize the printing, distribution,
management of professional maritime pilotage certificates and guide the
granting and change thereof nationwide.
Article 4.-
Provisions on maritime pilots’
titles
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a/ Third-class maritime pilots;
b/ Second-class maritime pilots;
c/ First-class maritime pilots;
d/ Premium-class maritime
pilots.
2. Scope of practice by
different maritime pilots’
titles:
Maritime pilots shall be only
permitted to practice maritime pilotage on sea-going ships according to the
limits of their respective CPMPQs as prescribed below:
a/ For third-class maritime
pilots:
Third-class maritime pilots
shall be only permitted to pilot sea-going ships with a total tonnage of under 4,000
GT or a maximum length of 115 meters.
b/ For second-class maritime
pilots
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c/ For first-class maritime
pilots:
First-class maritime pilots
shall be only permitted to pilot sea-going ships with a total tonnage of under
20,000 GT or a maximum length of 175 meters.
d/ For premium-class maritime
pilots:
Premium-class maritime pilots
shall be permitted to pilot all kinds of sea-going ships irrespective of their
total tonnage and length.
Chapter III
CONDITIONS FOR BEING
GRANTED CPMPQS
Article 5.-
Provisions on general conditions
To be granted CPMPQs, maritime
pilots must fully meet the following conditions:
1. Having the certificate of
health which satisfies the criteria currently prescribed for maritime pilots;
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For maritime pilots who have
obtained a degree in sea-going ship navigation from other colleges or
universities (such as the Navy Colleges, the Aquatic Resources College...),
they must also satisfy the condition that they have graduated from refresher
training courses on subjects not yet studied or inadequately studied at such
colleges or universities, as prescribed by the Ministry of Communications and
Transport, and have been granted certificates of completion of such training
courses.
3. Having graduated from the
training course on professional maritime pilotage;
4. Having been provided with
update professional knowledge and specialized English language proficiency
required for different classes of maritime pilots (except for third-class
maritime pilots);
5. Having completed the
probation time or completed an adequate number of times of safely piloting
ships, as prescribed for each class in Article 6 of this Regulation;
6. Having prepared a full
dossier as prescribed by the Vietnam Maritime Bureau.
Article 6.-
Specific criteria
Apart from the general
conditions specified in Article 5 of this Regulation, to be granted CPMPQs for
each class of maritime pilots, maritime pilots must fully meet the following
specific conditions:
1. For third-class maritime
pilots:
Having worked on probation as
third-class maritime pilots under the guidance of pilots, who have got CPMPQs,
for a period of at least 36 months or for a time during which they have safely
piloted ships for at least 300 times, which is certified by the piloting unit
that guides the probation.
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a/ Having obtained third-class
CPMPQs, having safely piloted ships by themselves for at least 200 times in the
capacity as third-class maritime pilots or having well performed a third-class
maritime pilot’s tasks for
at least 24 months.
b/ Particularly for those
persons who have got professional maritime qualification certificates for
working as captains of sea-going ships with a total tonnage of 500 GT or more
and have assume the corresponding title of ship’s
captain for at least 36 months, they may take an exam for being granted
second-class CPMPQs given that they fully meet the following conditions:
i/ Having a college or
higher-level degree in sea-going ship navigation;
ii/ Having graduated from a
training course on maritime pilotage profession;
iii/ Having safely piloted ships
for at least 150 times, with a total tonnage of 4,000 GT or more, in the
capacity as second-class maritime pilot on probation or having worked on
probation as second-class maritime pilots for at least 12 months, which is certified
by the piloting unit that guides the probation.
3. For first-class maritime
pilots:
Having obtained a university
degree in sea-going ship navigation; having obtained a second-class CPMPQ, having
safely piloted ships on their own for at least 200 times in the capacity as a
second-class maritime pilot or having well performed a second-class maritime
pilot’s tasks for at least
24 months; In addition, they must have worked on probation as first-class
maritime pilots for at least six months or have safely practiced the piloting
of ships with a total tonnage of 10,000 GT or more for at least 30 times, under
the guidance of maritime pilots who have got first-class or higher-level CPMPQ,
which is certified by the piloting unit that guides the probation.
4. For premium-class maritime
pilots:
Having obtained a university
degree in sea-going ship navigation; having obtained a first-class CPMPQ,
having safely piloted ships on their own for at least 300 times in the capacity
as first-class maritime pilots or having well performed a first-class maritime
pilot’s tasks for at least
36 months; In addition, they must have worked on probation as premium-class
maritime pilots for at least six months or have practiced the piloting of ships
with a total tonnage of 20,000 GT or more for at least 30 times, under the
guidance of maritime pilots who have got premium-class CPMPQs, which is
certified by the piloting unit that guides the probation.
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PROFESSIONAL TRAINING
AND UPDATE FOSTERING PROGRAMS AND ESTABLISHMENTS FOR MARITIME PILOTS
Article 7.-
Training and update fostering programs
1. In order to satisfy the
system of professional maritime pilotage certificates prescribed in Article 3 of
this Regulation, the program of professional training and update fostering
courses for maritime pilots must embrace all the contents specified in
Resolution A.485(XII) of the International Maritime Organization and conform to
the practical conditions of maritime pilotage in Vietnam.
2. The Vietnam Maritime Bureau
shall have to assume the prime responsibility and coordinate with the relevant
units in compiling the professional training and update fostering program for
maritime pilots and submit it to the Ministry of Communications and Transport
for approval.
Article 8.-
Training and update fostering establishments for maritime pilots (called
training establishments for short)
1. Training and update fostering
courses for maritime pilots held at training establishments shall serve as
basis for granting, changing and extension of CPMPQs for each class of maritime
pilots.
2. The training establishments
must ensure the organization of training and update fostering for maritime
pilots in strict conformity with the program already approved by the Ministry
of Communications and Transport.
3. The training establishments
mentioned in this Regulation must meet all the conditions and criteria on
material base, equipment and facilities, teaching materials and staff and be
licensed by the Ministry of Communications and Transport.
4. Annually, the Ministry of
Communications and Transport shall inspect the training establishments already
licensed by itself. Where an establishment fails to observe the Ministry’s regulations, it shall have its
license for training of maritime pilots revoked by the Ministry.
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a/ Organize training and update
fostering according to the program approved by the Ministry;
b/ Monitor the training and
update fostering courses and evaluate the training results;
c/ Manage the training and
update fostering through the computerized system connected with the
Certificates Management Center of the Vietnam Maritime Bureau;
d/ After each training or update
fostering course, report on its proceedings to the Vietnam Maritime Bureau.
Chapter V
PROVISIONS ON THE
EXAMINATION AND GRANTING OF CERTIFICATES OF PROFESSIONAL MARITIME PILOTAGE
QUALIFICATION
Article 9.- Basing
itself on the practical demand, the Vietnam Maritime Bureau shall direct the
organization of training and update fostering courses as well as the exams for
granting CPMPQs to Vietnamese maritime pilots.
Article
10.-
1. The
director of the Vietnam Maritime Bureau shall issue decision on the setting up
of a Maritime Pilotage Examination Council for each exam, depending on the
contents and size of each fostering course.
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2. The jury of each maritime
pilotage exam shall be selected by the Maritime Pilotage Examination Council
and proposed to the director of the Vietnam Maritime Bureau for decision. Such
a jury shall be composed of:
a/ Maritime pilots who have
CPMPQs of one class higher than the class for which the exam is held or of the
same class for exams of premium-class maritime pilots but have assumed the
corresponding maritime pilot’s
title for at least three years;
b/ First-class shipmasters who
have assumed the corresponding title for at least three years and
professionally prestigious maritime pilotage specialists.
Apart from the above-mentioned
professional criteria, the jury’s
members must be also persons who have good ethic qualities, a healthy life style,
are honest, uncorrupt, non-authoritarian and knowledgeable of pedagogy.
Article
11.- The Examination Council set up for the granting of CPMPQs shall
perform the task of advising the director of the Vietnam Maritime Bureau on the
direction and supervision of maritime pilotage exams. Concretely:
1. Considering and approving the
lists of candidates on the basis of the conditions prescribed in Chapter III of
this Regulation;
2. Preparing examination
questions;
3. Administering and supervising
the exams;
4. Handling incidents (if any)
occurring during the exams;
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6. Summing up the exam results,
reporting them to the director of the Vietnam Maritime Bureau for approval.
Article
12.-
1. Basing
himself/herself on the minutes of the Exam Jury, the director of the Vietnam
Maritime Bureau shall issue decisions to recognize each maritime pilot’s passing of the exam so as to
grant or change the CPMPQ for him/her.
2. A candidate who meets the set
requirements of all exam subjects (getting mark 5 on the 10-point marking
scale) shall be recognized as having passed the exam.
3. Where a candidate meets the
requirements of only half of the exam subjects, the results of these subjects
shall be reserved for one year.
Article
13.-
1. The
CPMPQs granted to maritime pilots of all classes shall be valid for use for
five years from the date of their granting.
2. Upon the expiry of his/her
certificate, if a maritime pilot wishes to extend, change or apply for a new
one, he/she must meet the two following conditions:
a/ Meeting the age and health
requirements prescribed in Clause 3, Article 2 and Clause 1, Article 5 of this
Regulation;
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3. Those with expired CPMPQs,
who meet the criterion specified at Point a but not the criterion specified at
Point b, Clause 2 of this Article, and wish to extend, change their
certificates or apply for new ones, shall have to work on probation for at least
three months.
Article
14.- Where a maritime pilot commits a law-breaking act, entailing
consequences, depending on the seriousness of his/her violation, the director
of the Vietnam Maritime Bureau shall be entitled to temporarily suspend his/her
job or revoke his/her CPMPQ. The revocation of a CPMPQ shall be proposed by the
Maritime Pilotage Examination Council to the director of the Vietnam Maritime
Bureau for consideration and decision.
Chapter VI
PROVISIONS ON THE
GRANTING OF MARITIME PILOTAGE ZONE CERTIFICATES
Article
15.- Basing himself/herself on the granted CPMPQs and the probation time,
the director of the Vietnam Maritime Bureau shall issue decisions to grant
maritime pilotage zone certificates on the following principles:
1. Those who have got CPMPQs and
practiced piloting ships safely as prescribed in Article 6 of this Regulation
in any zone shall be granted maritime pilotage zone certificates for such zone.
2. The granting of maritime
pilotage zone certificates to maritime pilots shall be proposed by the director
of the Maritime Pilots’
Organization, enclosed with the certification of such maritime pilots�
actual ship pilotage capability, by the director of the port authority of the
ship-piloting zone.
Article
16.- The maritime pilotage zone certificates have the use term equal to
that of the granted CPMPQs, and, within the duration when the CPMPQs remain
valid:
1. Maritime pilots may pilot
ships only in the zones determined in their maritime pilotage zone
certificates.
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Chapter VII
IMPLEMENTATION PROVISIONS
Article
17.-
1. The
provisions on the criteria for taking examination and being granted
certificates of professional maritime pilotage qualification issued together
with the Ministry of Communications and Transport’s
Decision No. 2384/QD-PC of November 17, 1994 shall remain effective pending the
Vietnam Maritime Bureau’s
organization of the first training and update fostering course, organization of
exams and granting of professional maritime pilotage certificates under the
provisions of this Regulation.
2. The Vietnam Maritime Bureau
shall have to prepare and submit to the Ministry of Communications and
Transport for approval a draft training and update fostering program, a scheme
on training establishments and forms of professional maritime pilotage
certificates under the provisions of this Regulation before February 1st, 2001.
Article
18.-
1. The
Vietnam Maritime Bureau shall guide the mode and procedures for changing old
types of professional maritime pilotage certificates to corresponding new
professional maritime pilotage certificates.
2. The change of maritime
pilotage diplomas and maritime pilotage zone licenses already granted under the
regulations issued together with the Ministry of Communications and Transport’s Decision No. 2384/QD-PC of
November 17, 1994 to new corresponding CPMPQs and maritime pilotage zone
certificates must be completed before February 1st, 2005.
3. All types of maritime
pilotage diplomas and maritime pilotage zone licenses already granted under the
regulations issued together with the Ministry of Communications and Transport’s Decision No. 2384/QD-PC of
November 17, 1994 remain valid for use until February 1st, 2005.
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Article
19.- The director of the Vietnam Maritime Bureau shall coordinate with the
director of the Department for Organization, Personnel and Labor in organizing
the guidance and inspecting the implementation of this Regulation.