Thông tư 39/2019/TT-BGTVT trách nhiệm chủ phương tiện thuyền viên trên phương tiện thủy nội địa

CIRCULAR

PRESCRIBING RESPONSIBILITIES OF OWNERS, CREW MEMBERS, OPERATORS, HOLDING OF VESSEL CREW MEMBER POSTS AND MINIMUM SAFE MANNING ABOARD INLAND WATERWAY VESSELS

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 and the Law on Amendments and Supplements to certain Articles of the Law on Inland Waterway Traffic dated June 17, 2014;

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

Upon the request of the Director of the Department of Organization and Personnel, and the Director of the Vietnam Domestic Water Administration;

Minister of Transport hereby promulgates the Circular prescribing responsibilities of owners, crew members, operators, holding of vessel crew member posts and minimum safe manning aboard inland waterway vessels.

Chapter I

GENERAL PROVISIONS

...

...

...

This Circular deals with responsibilities of owners, crew members, operators, holding of vessel crew member posts and minimum safe manning aboard inland waterway vessels.

Article 2. Subjects of application

1. This Circular shall apply to owners, crew members, operators of inland waterway vessels, and entities or persons involved in responsibilities and holding of vessel crew member posts and minimum safe manning aboard inland waterway vessels.

2. This Circular shall not apply to those vessels performing national defence and security duties.

Article 3. Interpretation

For the purposes of this Circular, terms used herein shall be construed as follows:

1. Duty shift refers to the portion of the day that crew members holding various designated ranks aboard inland waterway vessels are on duty, and that does not exceed 08 working hours.

2. Voyage refers to the time that a vessel departs from the first (departure) port or terminal, and arrives at the last (destination) port or terminal.

3. Server or attendant refers to a person working aboard a vessel, but not on duty as a vessel crew member or operator.

...

...

...

5. Ferry refers to an inland waterway vessel designed to carry road vehicles, passengers and cargoes to cross from one bank to the other.

Chapter II

RESPONSIBILITIES OF OWNERS, CREW MEMBERS AND OPERATORS OF INLAND WATERWAY VESSELS

Section 1. JOINT RESPONSIBILITIES OF OWNERS, CREW MEMBERS AND OPERATORS OF INLAND WATERWAY VESSELS

Article 4. Responsibilities of owners, institutional or individual charterers of inland waterway vessels

1. Bear responsibility for vessel operational conditions as provided by laws. Render vessel care, maintenance and repair services in accordance with the respective law on ship register and inspection.

2. Create the crew directory by using the form given in the Appendix I hereto, and create the logbook necessary for a vessel which is at least 250 tons gross or a vessel carrying at least 50 (fifty) passengers by using the form given in the Appendix II hereto.

3. Ensure that the minimum number of posts that crew members hold aboard a vessel is equal to or greater than the number of crew members stipulated in Article 18 herein; in case a vessel is underway for more than one day, they shall be responsible for organizing and arranging work in a logical manner in order to ensure conformance to working time regulations set forth in the Labor Code.

4. In addition to maritime posts that crew members can hold as prescribed in the minimum safe manning regulations laid down in Article 18 herein, where necessary, they may hire additional crew members or designate more posts, including: Nurses, telegraphers, divers, backhoe dredge operators, suction dredge operators, winch operators, attendants and others, in order to conform to working requirements.

...

...

...

6. Provide occupational safety and hygiene conditions for crew members and holders of other posts aboard vessels.

7. Prevent environmental pollution, collect, store and transport waste to receiving places to get them disposed of in accordance with regulations in force.

8. Provide professional skill training and refresher courses; provide crew members and cadets with drills or practices so that they can successfully deal with emergencies.

9. Assume other responsibilities prescribed by law.

Article 5. Responsibilities of crew members and operators of inland waterway vessels

1. Comply with domestic laws of Vietnam, international treaties of which Vietnam is a member state and foreign laws of the countries where Vietnamese-flag vessels are underway.

2. Comply with labor discipline, fully implement post-specific responsibilities at work, strictly obey orders of the master and direct commander, fully carry out procedures for handing over and receiving shifts, and recording data in logbooks in a full and legible manner.

3. Provide passengers with instructions on how to use fire-fighting and life-saving equipment needed in case of vessel sinking, emergency exits or other emergency situations. Prevent environmental pollution, collect, store and transport waste to receiving places to get them disposed of in accordance with regulations in force.

4. Leave vessels only after receiving permission from the top commander or the owner.

...

...

...

Section 2. SPECIFIC RESPONSIBILITIES SPECIFIC TO POSTS OF CREW MEMBERS AND OPERATORS OF INLAND WATERWAY VESSELS

Article 6. Master

Master is the person having the supreme authority on board a single vessel or an entire fleet, and shall have the following rights and responsibilities:

1. Manage and ensure safety for humans, equipment and property aboard vessels; thoroughly grasp technical conditions, useful life and frequency of repair of vessels.

2. Manage logbooks, crew directories and passenger lists (if any), books and other necessary documents, administer data input and carry out the regular monitoring of entries in vessel books or records.

3. Administer delivery and receipt of cargoes, provision of services to customers according to shifting orders or transport contracts and other regulations in force.

4. Administer assignment of tasks, oversee and push crew members for fulfillment of their assigned duties.

5. Pick up, leave passengers, load or unload goods at prescribed places, except when the ship is in distress or force majeure events take place.

6. In case of his/her vessel’s accident, he/she must take the most effective emergency response actions; while aboard a sunken vessel, the master must be the last person abandoning the vessel after taking all possible actions to save humans, property, cargoes and other necessary documents aboard the vessel, except when the vessel is entirely sunk.

...

...

...

8. While a vessel is operating on the water, if a passenger is giving birth, dead, sick, or is involved in an accident, the master shall be responsible for dealing with these situations in accordance with the following regulations:

a) If a passenger aboard the vessel gets sick or is involved in an accident, first aid services must be provided. Depending on the seriousness of the situation, he/she must be promptly taken to the nearest healthcare establishment to receive emergency care services.

b) If a passenger aboard a vessel is giving birth or dead, a report on the case must be made and certified by 02 (two) witnesses. The childbirth report must clarify the labour time, child’s sex and health condition of both mother and infant. The death report must clarify the deceased’s belongings and documents. He/she shall take control of the report and these belongings before transferring them to a local authority and the deceased's relatives.

9. When leaving his/her vessel, he/she must entrust the master’s mate or the authorized person with his/her assigned tasks; if he/she is away for at least a shift period, a written handover report form must be made; if he/she is unable to continue to undertake his/her assigned duties, he/she will have to transfer his/her command authority to the master’s mate and immediately sending a report on this to the vessel’s owner.

10. If he/she transfers his/her duties to others upon the vessel owner’s request, an assessment report clearly describing current conditions of crew members, technical condition of the vessel, equipment, property, the number of passengers aboard the vessel, related records and documents on board the vessel. A copy of the handover report must be kept by the transferor, transferee and sent to the vessel owner.

11. Take charge of assigning tasks to his/her junior staff, providing information required by, and issuing notices to, competent regulatory authorities before his/her vessel arrives or leaves a port or terminal. Prior to departure, a staff duty roster showing duties that each crew member must perform onboard the vessel must be available. Before the vessel leaves a port or terminal, he/she is obliged to push related departments to which crew members are managed for ensuring an adequate amount of bunkers, fuel, materials, food and medical supplies necessary for a voyage. He/she may allow the vessel to leave a port or terminal only if the vessel conforms to safety regulations, all necessary arrangements for the voyage are made, and competent regulatory authority's permission is obtained.

12. Directly undertake a work shift, directly maneuver the vessel through dangerous water areas. After finishing his/her scheduled shift, if there is a request made by the master’s mate or the chief engineer, the master must be present at the commanding position to deal with issues that may arise in a timely manner.

13. Perform duties assigned to the master’s mate in default of the post of master's mate aboard the vessel.

14. Within the ambit of his/her position, the master may be accorded the following powers:

...

...

...

b) Force any crew member to leave the vessel if this crew member fails to comply with the master’s command or is in breach of the vessel’s rules and regulations;

c) Refuse to allow the vessel to take a voyage if he/she judges that vessel-related, climatic, hydrographic and environmental conditions are not satisfied or may pose safety risks.

Article 7. Master’s mate

The master’s mate is an assistant to the master, having the following rights and responsibilities:

1. Directly take charge of deck duties. Carry out regular inspections to ensure technical facilities are always in good condition and ready for use, and immediately inform any technical failure or errors to the master.

2. Prepare the voyage plan and the shift roster for submission to the master to seek his/her approval, regularly push, instruct and supervise crew members to ensure conformity with the voyage plan and watchstanding duties.

3. Check safety conditions of passengers and cargoes loaded on the vessel before departure; request the master to prevent the vessel from starting a journey if he/she finds that requirements for safety for passengers and cargos on board the vessel are unmet.

4. Collaborate with the chief engineer in assigning, expediting, guiding and overseeing necessary preparations before the start of a journey, and take corrective actions and report to the master on any defect that may exist.

5. Take charge of providing services to passengers and instructing them to get on and off the vessel, move aboard the vessel, and arranging correct seats or beds according to regulations to protect safety for the vessel or property onboard and ensure traffic safety and order, and providing meals and necessary supplies for passengers in accordance with regulations applied to passenger carrying vessels.

...

...

...

7. Act on behalf of the master to manage the vessel in his/her absence.

8. Perform other duties assigned by the master.

Article 8. Seafarer

A seafarer is under the leadership of the master and shift supervisor, bearing the following responsibilities:

1. Make necessary preparations for departure and arrival of the vessel; check the vessel’s accommodation ladder or gangway to ensure safety for passengers getting on and off the vessel.

2. Always be present in designated areas to be in position to respond to any situation that may take place.

3. Directly maneuver the vessel and perform several duties assigned by the master or the direct supervisor.

Article 9. Chief engineer

1. Manage and thoroughly understand technical condition of the propulsion system; assign and supervise crew members under the control of the engine department during the vessel’s operation.

...

...

...

3. Directly undertake an engine shift. After doing his/her shift, when necessary, he/she must be present at the engine room to take prompt actions upon the request of the master and the master’s mate.

4. On seeing that execution of the order from the direct commander in the nautical bridge may cause any failure to an engine part, he/she must inform the shift supervisor or the master. If that order remains in effect, he/she must obey it and record his/her execution in the engine-room logbook with the order giver’s certification.

5. Have the right to make decision to shut down a part of the engine or the entire engine system in case of unsafety; on seeing that the ongoing operation of the engine is likely to cause a serious failure or incident, he/she must immediately order shutdown of the engine, and reporting to the shift supervisor and the master.

6. Manage technical documents and records of the engine department and carry out data input in the engine room logbook.

7. Perform the second engineer’s assigned duties in default of the post of second engineer onboard the vessel.

Article 10. Second engineer

The second engineer is an assistant to the chief engineer, having the following rights and responsibilities:

1. Ensure normal working condition of auxiliary engines (if any), the propeller shaft system and the rudder or steering gear of the vessel.

2. Prepare the work schedule of crew members under the control of the engine department for submission to the chief engineer to seek his/her approval, directly assign engine department’s crew members to specific work and watchkeeping duties.

...

...

...

4. On seeing that execution of the order from the direct commander in the nautical bridge may cause any failure to engine parts, he/she must inform the shift supervisor or the master. If that order remains in effect, he/she must obey it and record his/her execution in the engine-room logbook with the order giver’s certification.

5. During his/her work shift, have the right to make decision to shut down a part of the engine or the entire engine system in case of unsafety; on seeing that the ongoing operation of the engine is likely to inflict a serious failure or incident, he/she must immediately order shutdown of the engine, and reporting to the shift supervisor, the master and the chief engineer.

6. Perform other duties assigned by the chief engineer.

Article 11. Machinist

The machinist is under the leadership of the master and the shift supervisor, bearing the following responsibilities:

1. While on shift duty, fulfill assigned duties; keep track of technical parameters and operational condition of the engine to inform the engine shift supervisor if there is any malfunction.

2. Regularly clean the engine and the engine room; participate in provision of maintenance, care and repair services upon the chief engineer’s request.

3. Perform a number of other duties assigned by the chief engineer or the engine shift supervisor.

Article 12 Vessel operator

...

...

...

1. Manage persons, vessel, property and other documents relating to the vessel that he/she operates.

2. Know well about navigable channels and safety conditions of ports or terminals where the vessel is operating.

3. Check the vessel and safety equipment for humans and the vessel. Prior to departure, arrange passengers or cargos to ensure stability and safety for the vessel.

4. When the vessel is in distress, he/she must take immediate action to rescue humans, the vessel, cargos and must be the last one to abandon the vessel if the vessel is sunken.

5. Upon receipt of a distress signal or a competent regulatory authority’s commissioning order to participate in search and rescue missions, he/she shall be obligated to comply with such order and decide to participate in such rescue if it does not inflict any danger to humans, cargos or the vessel itself that he/she operates.

Article 13. Cadet

A cadet is under the supervision of the master. A cadet holding a post on board the vessel must performed duties within his/her scope of such post and have the following responsibilities:

1. Strictly comply with general regulations applied to crew members.

2. Work and live on board the vessel according to the task assignment and instructions of the master or the chief engineer or the person authorized by the master or the chief engineer.

...

...

...

Chapter III

HOLDING OF THE POST OF CREW MEMBERS ON BOARD INLAND WATERWAY VESSELS

Article 14. Holding of the post of crew members and operators on board inland waterway vessels

1. Crew members holding the Master’s Level-IV Certificate of Competency may take up the post of a master of the following vessels:

a) Small-sized vessels carrying passengers across rivers prescribed in the Regulation on Technical Supervision and building of small-sized inland waterway vessels;

b) Passenger carrying vessels having the maximum loading capacity of up to 20 (twenty) passengers;

c) Cargo vessels of up to 100GT;

d) Vessels that are not covered by regulations laid down in point a, b and c of this clause and fitted with inboard main engines of up to 100HP or outboard main engines of 400HP.

2. Crew members holding the Master’s Level-III Certificate of Competency may take up the post of a master of the following vessels:

...

...

...

b) Ferries having the maximum loading capacity of 50 (fifty) passengers and 250 tons of freight;

c) Cargo vessels of up to 500GT;

d) Towing fleet of up to 800GT;

dd) Vessels that are not covered by regulations laid down in point a, b, c and d of this clause and fitted with inboard main engines of up to 250HP or outboard main engines of 1000HP.

3. Crew members holding the Master’s Level-II Certificate of Competency may take up the post of a master of the following vessels:

b) Passenger carrying vessels having the maximum loading capacity of up to 100 (fifty) passengers;

b) Ferries having the maximum loading capacity of 100 (one hundred) passengers and 350 tons of freight;

c) Cargo vessels of up to 1,000GT;

d) Towing fleet of up to 1,500GT;

...

...

...

4. Any crew member holding the Master’s Level-I Certificate of Competency may take up the post of a master commanding vessels of all kinds:

5. Any crew member holding the Master’s higher-level Certificate of Competency may take up the post of a master of the vessel which is put under the command as legally given to the post of a crew member holding the Master’s lower-level Certificate of Competency as stipulated in existing regulations.

6. Any crew member holding the Master’s Certificate of Competency may take up the post of the master’s mate of the vessel which is put under the command as given to the post of crew member holding the Master’s immediately higher-class Certificate of Competency; any crew member holding the Master's Certificate of Competency may take up the seafarer’s post.

7. Any crew member holding the Chief Engineer’s Level-I Certificate of Competency may take up the chief engineer post of vessels of all kinds.

8. Any crew member holding the Chief Engineer’s level-II Certificate of Competency may take up the Chief Engineer post of the vessel fitted with the inboard main engine of up to 1,000HP or the outboard main engine of up to 3,000HP.

9. Any crew member holding the Chief Engineer’s level-III Certificate of Competency may take up the Chief Engineer post of the vessel fitted with the inboard main engine of up to 250HP or the outboard main engine of up to 1,000HP.

10. Any crew member holding the Chief Engineer’s higher-level Certificate of Competency may take up the Chief Engineer post of the vessel which is put under the command as legally given to the post of a crew member holding the Chief Engineer’s lower-level Certificate of Competency as stipulated in existing regulations.

11. Any crew member holding the Chief Engineer’s Certificate of Competency may take up the post of the second engineer of the vessel which is put under the command as legally given to the post of crew member holding the Chief Engineer’s immediately higher-class Certificate of Competency; any crew member holding the Chief Engineer's Certificate of Competency may take up the machinist post.

12. Any crew member holding the Seafarer’s Certificate of Competency may take up the seafarer post aboard vessels of all kinds.

...

...

...

14. Any person holding the Operator’s Certificate of Competency may directly operate the non-motorized vessel of up to 15GT or the vessel propelled by an engine of up to 15HP or the vessel having the loading capacity of 12 (twelve) passengers, or rafts.

15. In addition to holding certificates of competency or other professional credentials relevant to their posts as provided in regulations in force, operators of high-speed vessels, near-coastal vessels, workers on board near-coastal vessels, vessels carrying oil and petroleum, chemicals or liquefied gas must hold respective special professional certificates.

Article 15. Placement of crew members

1. Placement and manning of crew members on board inland waterway watercraft and compilation of a crew directory shall conform to regulations laid down herein and other relevant ones.

2. In case where there are various manning charts available on a vessel, the owner or charterer of that vessel must use the manning chart containing the greatest number of crew members holding posts or other crew members to place crew members holding posts and determine the manning scale on board inland waterway vessels.

3. Certificates of competency and professional credentials must be carried with crew members on board inland waterway vessels.

Chapter IV

REGULATIONS ON MINIMUM MANNING REQUIREMENTS OF INLAND WATERWAY VESSELS

Article 16. Manning

...

...

...

Article 17. Grouping of inland waterway vessels

1. Group I

a) Passenger carrying vessels, overnight tourist vessels, floating restaurants, floating hotels, hydrofoil vessels or high-speed vessels having the loading capacity of greater than 100 (one hundred) passengers.

b) Ferries carrying more than 100 (one hundred) of passengers and more than 350 tons of freight.

c) Cargo vessels of up to 1,000GT.

d) Towing fleet of up to 1,500GT.

dd) Vessels that are not covered by regulations laid down in point a, b, c and d of this clause and are fitted with inboard main engines of greater than 1,000HP or outboard main engines of greater than 3,000HP.

2. Group II

a) Passenger carrying vessels, overnight tourist vessels, floating restaurants, floating hotels, hydrofoil vessels or high-speed vessels carrying between more than 50 (fifty) passengers and 100 (one hundred) passengers.

...

...

...

c) Cargo vessels of between more than 500 GT to 1,000GT.

d) Towing fleet of between more than 800GT and 1,500GT.

dd) Vessels that are not covered by regulations laid down in point a, b, c and d of this clause and are fitted with inboard main engines of between greater than 250HP and 1,000HP, or outboard main engines of between greater than 1,000HP and 3,000HP.

3. Group III

a) Passenger carrying vessels, overnight tourist vessels, floating restaurants, floating hotels, hydrofoil vessels or high-speed vessels carrying between more than 12 (twelve) passengers and 50 (fifty) passengers.

b) Ferries having up to 50 (fifty) of passengers and 250 tons of freight.

c) Cargo vessels of between more than 15 GT and 500GT.

d) Towing fleet of up to 800GT.

dd) Vessels that are not covered by regulations laid down in point a, b, c and d of this clause and are fitted with inboard main engines of between greater than 100HP and 250HP, or outboard main engines of up to 1,000HP.

...

...

...

1. Passenger carrying vessels

No.

Posts

Minimum number of crew members per shift

Group I

Group II

Group III

1

Master

...

...

...

1

1

2

Chief engineer

1

1

1

3

Seafarer

...

...

...

1

1

4

Machinist

1

1

Total

...

...

...

4

3

a) Vessel fitted with the outboard main engine of up to 1,000HP or the inboard main engine of up to 250HP shall not need to be manned by a machinist, but shall be subject to the requirement under which the master must hold the machinist’s certificate of competency. a) Vessel fitted with the outboard main engine of between 1,000HP and 3,000HP shall not need to be manned by a chief engineer, but shall be subject to the requirement under which the master must hold the chief engineer’s certificate of competency corresponding to total main engine capacity.

b) Group-I vessel taking a voyage at the maximum distance of 100km between departure and arrival points may reduce the manning scale by 01 (one) seafarer.

c) Group-II vessel taking a voyage at the maximum distance of 100km between departure and arrival points shall not need to be manned by a machinist.

2. Cargo vessels

No.

Posts

Minimum number of crew members per shift

...

...

...

Group II

Group III

1

Master

1

1

1

2

Chief engineer

...

...

...

1

1

3

Seafarer or machinist

1

1

Total

...

...

...

3

2

Vessel fitted with the outboard main engine of up to 1,000HP or the inboard main engine of up to 250HP shall not need to be manned by the chief engineer, but shall be subject to the requirement under which the master must hold the machinist’s certificate of competency. a) Vessel fitted with the outboard main engine of between 1,000HP and 3,000HP shall not need to be manned by a chief engineer, but shall be subject to the requirement under which the master must hold the chief engineer’s certificate of competency corresponding to total main engine capacity.

3. Ferries

No.

Posts

Minimum number of crew members per shift

Group I

Group II

...

...

...

1

Master

1

1

1

2

Chief engineer

1

1

...

...

...

3

Seafarer

4

3

1

Total

6

5

...

...

...

Vessel fitted with the outboard main engine of up to 1,000HP or the inboard main engine of up to 250HP shall not need to be manned by the chief engineer, but shall be subject to the requirement under which the master must hold the machinist’s certificate of competency. Vessel fitted with the outboard main engine of between 1,000HP and 3,000HP shall not need to be manned by a chief engineer, but shall be subject to the requirement under which the master must hold the chief engineer’s certificate of competency corresponding to total main engine capacity.

4. Towing vessels

No.

Posts

Minimum number of crew members per shift

Group I

Group II

Group III

1

...

...

...

1

1

1

2

Chief engineer

1

1

1

3

...

...

...

1

1

Total

3

3

2

5. Towed vessels

...

...

...

No.

Posts

Minimum number of crew members per shift

Group I

Group II

Group III

1

Seafarer

2

...

...

...

1

b) A towing fleet constituting towed vessels of different kinds must be manned by the minimum number of crew members per a shift which is equal to the number of crew members required on board a single towed vessel in accordance with regulations laid down in point a of this clause.

c) A fleet with at least two vessels towed alongside or pushed ahead shall need the minimum number of crew members per a shift which is calculated as follows: The first towed vessel shall be manned by the number of crew members prescribed in point a of this clause, and the manning scale on the second or the later towed vessel added to the fleet shall need to be increased by 01 (one) crew member.

6. Overnight tourist vessels

a) Self-propelled overnight tourist vessels

No.

Posts

Minimum number of crew members per shift

Group I

...

...

...

Group III

1

Master

1

1

1

2

Master’s mate

1

...

...

...

3

Chief engineer

1

1

1

4

Second engineer

1

...

...

...

5

Seafarer

2

1

1

6

Machinist

1

...

...

...

1

Total

7

6

4

b) Non-self-propelled overnight tourist vessels which are towed

No.

Posts

...

...

...

Group I

Group II

Group III

1

Seafarer

4

3

2

c) Non-self-propelled overnight tourist vessels which are anchored at several fixed positions shall not need to be subject to the manning requirements.

...

...

...

a) Self-propelled floating restaurants or hotels

No.

Posts

Minimum number of crew members per shift

Group I

Group II

Group III

1

Master

...

...

...

1

1

2

Master’s mate

1

1

3

Chief engineer

...

...

...

1

1

4

Second engineer

1

1

5

Seafarer

...

...

...

1

1

6

Machinist

1

1

1

Total

...

...

...

6

4

b) Non-self-propelled floating restaurants or hotels which are towed

No.

Posts

Minimum number of crew members per shift

Group I

Group II

Group III

...

...

...

Seafarer

4

3

2

c) Non-self-propelled floating restaurants or hotels at anchor at several fixed positions shall not need to be subject to manning requirements.

8. Hydrofoil or high-speed vessels

No.

Posts

Minimum number of crew members per shift

...

...

...

Group II

Group III

1

Master

1

1

1

2

Master’s mate

...

...

...

1

3

Chief engineer

1

1

1

4

Seafarer

...

...

...

1

1

5

Machinist

1

1

1

Total

...

...

...

5

4

a) Group-I or Group-II vessel taking a voyage at the maximum distance between two departure and arrival points which equals 15 km shall not need to be manned by the master and machinist and, if it is fitted with at least 02 (two) engines, it shall not need to be manned by the chief engineer.

b) Group-III vessel taking a voyage at the maximum distance of 100km between departure and arrival points shall not need to be manned by a machinist. If it is fitted with at least 02 (two) engines and takes a voyage at the maximum distance between two departure and arrival points which equals 5 km, it shall not need to be manned by the chief engineer.

9. Motorized vessel fitted with the main engine of up to 15HP and carrying up to 12 (twelve) passengers.

No.

Posts

Subtotal

1

...

...

...

1

Total

1

10. Motorized vessel fitted with the main engine of more than 15HP and carrying up to 12 (twelve) passengers.

No.

Posts

Subtotal

1

...

...

...

1

Total

1

11. VR-SB class near-coastal vessels

No.

Posts

Minimum number of crew members per shift

Group I

...

...

...

Group III

1

Master

1

1

1

2

Chief engineer

1

...

...

...

1

3

Seafarer

1

1

1

4

Machinist

1

...

...

...

Total

4

3

3

a) On a voyage longer than a shift but not more than two shifts, the manning requirements shall be regulated as follows:

No.

Posts

...

...

...

Group I

Group II

Group III

1

Master

1

1

1

2

...

...

...

1

1

1

3

Chief engineer

1

1

1

4

...

...

...

1

1

5

Seafarer

1

1

1

6

...

...

...

1

Total

6

5

4

n) On a voyage longer than two shifts, the manning requirements shall be regulated as follows:

...

...

...

Posts

Minimum number of crew members per shift

Group I

Group II

Group III

1

Master

1

1

...

...

...

2

Master’s mate

2

2

2

3

Chief engineer

1

1

...

...

...

4

Second engineer

2

1

5

Seafarer

2

1

...

...

...

6

Machinist

1

Total

9

6

...

...

...

c) On a cargo vessel of between more than 5,000GT and 10,000GT, if a voyage is taken by spending more than two shifts, the manning requirement of such vessel shall be as follows:

No.

Posts

Minimum manning of crew members on a voyage

1

Master

1

2

Master’s mate

...

...

...

3

Chief engineer

1

4

Second engineer

2

5

Seafarer

3

...

...

...

Machinist

2

Total

11

d) On a cargo vessel of more than 10,000GT, if a voyage is taken by spending more than two shifts, the manning requirement of such vessel shall be as follows:

No.

Posts

Minimum manning of crew members on a voyage

...

...

...

Master

1

2

Master’s mate

2

3

Chief engineer

1

4

...

...

...

2

5

Seafarer

4

6

Machinist

2

Total

...

...

...

Chapter V

IMPLEMENTATION PROVISIONS

Article 19. Entry into force

This Circular shall enter into force on January 1, 2020. The Circular No. 47/2015/TT-BGTVT dated September 14, 2015 of the Minister of Transport on the scope of responsibilities of crew members, operators and minimum safety manning requirements on board inland waterway vessels, and the Circular No. 04/2017/TT-BGTVT dated January 20, 2017 of the Minister of Transport on amendments to the Circular No. 47/2015/TT-BGTVT dated September 14, 2015 of the Minister of Transport on the scope of responsibilities of crew members, operators and minimum safety manning requirements on board inland waterway vessels, shall be repealed.

Article 20. Implementation responsibilities

1. Vietnam Inland Waterway Administration shall assume the following responsibilities:

a) Preside over or cooperative with relevant entities in implementation of this Circular;

b) Issue and manage uniform use of vessel logbooks by serial numbers in effect nationwide.

2. Departments of Transport shall be responsible for implementing this Circular within their remit.

...

...

...

4. The Chief of the Ministry’s Office, the Ministry’s Chief Inspector, Directors of departments, Director of Vietnam Inland Waterway Administration, Directors of Departments of Transport and Heads of entities, organizations or individuals concerned, shall be responsible for implementing this Circular./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Nhat