Circular No. 03/2020/TT-BGTVT dated February 21, 2020 prescribing standards of competence, professional certificates, training for seafarers, and minimum safe manning requirements for Vietnamese-flagged ships

• Official number: 03/2020/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Nguyen Van Cong
• Issued Date: 21/02/2020

MINISTRY OF TRANSPORT --------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness -------------
No.: 03/2020/TT-BGTVT	Hanoi, February 21, 2020

CIRCULAR

PRESCRIBING STANDARDS OF COMPETENCE, PROFESSIONAL CERTIFICATES, TRAINING FOR SEAFARERS, AND MINIMUM SAFE MANNING REQUIREMENTS FOR VIETNAMESE-FLAGGED SHIPS

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

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

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

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

At the request of the Director of the Department of Traffic Safety and the Director of Vietnam Maritime Administration;

The Minister of Transport promulgate a Circular prescribing standards of competence, professional certificates, training for seafarers, and minimum safe manning requirements for Vietnamese-flagged ships.

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GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides regulations on standards of competence, professional certificates, training for seafarers, and minimum safe manning requirements for Vietnamese-flagged ships.

2. This Circular applies to public-service ships in specific cases prescribed in this Circular.

Article 2. Regulated entities

This Circular applies to regulatory authorities, organizations and individuals involved in standards of competence, professional certificates, training for seafarers, and minimum safe manning requirements for Vietnamese-flagged ships.

Article 3. Definitions

For the purposes of this Circular, these terms shall construed as follows:

1. “STCW Convention” means the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and its amendments.

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

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

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

6. “Deck officer” means an officer qualified with the provisions of Chapter II of the STCW Convention.

7. “Ratings forming part of a navigational watch” means a seafarer who is qualified with the provisions of Regulation II/4 of the STCW Convention and has completed the training course prescribed by the Minister of Transport.

8. “Able seafarer (AB) deck rating” means a seafarer who is qualified with the provisions of Regulation II/5 of the STCW Convention and has completed the training course prescribed by the Minister of Transport.

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

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

11. “Engineer officer” means an officer qualified with the provisions of Regulation III/1, III/2 or III/3 of the STCW Convention.

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13. “AB engine rating” means a seafarer who is qualified with the provisions of Regulation III/5 of the STCW Convention and has completed the training course prescribed by the Minister of Transport.

14. “Electro-technical officer” means an officer qualified with the provisions of Chapter III/6 of the STCW Convention.

15. “Electro-technical rating” means a rating qualified with the provisions of Chapter III/7 of the STCW Convention.

16. “GMDSS radio operator” means a person qualified with the provisions of Chapter IV of the STCW Convention.

17. “Ship security officer” means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers.

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

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

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

21. “Liquefied gas tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the International Gas Carrier Code (IGC Code).

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23. “Ro-Ro passenger ship” means a passenger ship with ro-ro spaces or special category spaces as defined in SOLAS 74 and its amendments.

24. “Near-coastal voyage" means a voyage made by a ship of less than 500 GT, exclusively within 50 nautical miles from the coast or within the limits of designated “near-coastal voyages” as agreed upon between Vietnam and the relevant party.

25. “Approved training record book” means the training record book issued to the seafarer who possesses a bachelor’s degree and serves on board the ship of at least 500 GT as a deck cadet, or on board the ship powered by main propulsion machinery of at least 750 kW as an engineer cadet, or issued to a deck officer working on board the ship of at least 500 GT or a trainee engineer officer working on board the ship powered by main propulsion machinery of at least 750 kW under maritime officer training programs approved by the Ministry of Transport; or issued to a seafarer who possesses an associate degree, or higher, and serves onboard an electro-technical cadet as required in Table A-III/6 of the STCW Code.

26. “Internship period” means the length of time during which a trainee seafarer works on board a ship under the training program in conformity with the STCW Convention.

27. “Apprenticeship period” means the length of time during which a seafarer apprentices at a certain capacity on board the ship having the similar gross tonnage to that specified in his certificate of competency under the supervision of an officer.

28. “Tenure” means the length of time during which a seafarer serves in the capacity corresponding to his certificate of competency.

29. “Seagoing service” means the period of time during which a seafarer or trainee works or apprentices on board a ship.

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

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

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33. “Certificate of competency (CoC)” means a certificate issued to a seafarer in accordance with the provisions of the STCW Convention.

34. “Certificate of proficiency (CoP)” means a certificate issued to a seafarer in accordance with the provisions of the STCW Convention.

35. “Certificate of endorsement attesting the recognition of a certificate of competency” means a document issued by Vietnam Maritime Administration or its branch office or a Maritime Administration, with authorization from Vietnam Maritime Administration, to a seafarer who holds a CoC issued by a competent authority of the Party that has entered into an agreement on recognition of professional certificates with the Government of Vietnam, for working on board Vietnamese-flagged ships.

36. “Endorsement certificate attesting the issuance of the certificate” means a document issued by Vietnam Maritime Administration or its branch office or a Maritime Administration, with authorization from Vietnam Maritime Administration, to a seafarer who holds a certificate of completion of a training course in Vietnam in accordance with the provisions of Regulation IV/2, Regulation V/1-1 and Regulation V/1-2 of the STCW Convention.

37. “High-speed craft” means a craft granted the high-speed craft safety certificate by Vietnam Register in accordance with the provisions of the HSC 2000 Code and National technical regulation on classification and construction of high-speed crafts.

38. “Vietnam ship registry” means Vietnam Maritime Administration, or its branch office, or the Maritime Administration authorized by Vietnam Maritime Administration to take charge of registration of ships.

Chapter II

STANDARDS OF COMPETENCE OF SEAFARERS

Article 4. Standards of competence of masters and chief officers of ships of 500 GT or more

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1. Navigation at the management level.

2. Cargo handling and stowage at the management level.

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

4. Communications, at the operational level.

Article 5. Standards of competence of masters and chief officers of ships of less than 500 GT, not engaged on near-coastal voyages

Every master or chief officer serving on a ship of less than 500 GT, not engaged on near-coastal voyages, shall be required to have a CoC for ships of between 500 GT and 3,000 GT.

Article 6. Standards of competence of masters and chief officers of ships of less than 500 GT, engaged on near-coastal voyages

Every master or chief officer serving on a ship of less than 500 GT, engaged on near-coastal voyages, shall be required to meet the standards of competence specified in Section A-II/3, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation at the management level.

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

4. Communications, at the operational level.

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

Every deck officer serving on a ship of 500 GT or more shall be required to meet the standards of competence specified in Section A-II/1, A-IV/2 and A-VIII/2 of STCW Code in respect of the following functions:

1. Navigation at the operational level.

2. Cargo handling and stowage at the operational level.

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

4. Communications, at the operational level.

Article 8. Standards of competence of deck officers of ships of less than 500 GT, not engaged on near-coastal voyages

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

Every deck officer serving on a ship of less than 500 GT, engaged on near-coastal voyages, shall be required to meet the standards of competence specified in Section A-II/3, A-IV/2 and A-VIII/2 of STCW Code in respect of the following functions:

1. Navigation at the operational level.

2. Cargo handling and stowage at the operational level.

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

4. Communications, at the operational level.

Article 10. Standards of competence of seafarers in charge of navigational watch

1. Standards of competence of ratings forming part of a navigational watch:

Every rating forming part of a navigational watch shall be required to meet standards of competence specified in Section A-II/4 of the STCW Code in respect of the navigation function at the support level.

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Every AB deck rating shall be required to meet standards of competence specified in Section A-II/5 of the STCW Code in respect of the following functions:

a) Navigation at the support level;

b) Cargo handling and stowage at the support level;

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

d) Maintenance and repair at the support level.

Article 11. Standards of competence of chief engineers and second engineers of ships powered by main propulsion machinery of 750 kW or more

Every chief engineer or second engineer serving on a ship powered by main propulsion machinery of 750 kW or more shall be required to meet the standards of competence specified in Section A-III/1, A-III/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Marine engineering at the management level.

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

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

Article 12. Standards of competence of chief engineers and second engineers of ships powered by main propulsion machinery of less than 750 kW

Every chief engineer or second engineer serving on a ship powered by main propulsion machinery of less than 750 kW shall be required to meet the standards of competence under training programs prescribed by the Minister of Transport in respect of the following functions:

1. Marine engineering at the management level.

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

3. Maintenance and repair at the management level.

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

Article 13. Standards of competence of engineer officers of ships powered by main propulsion machinery of 750 kW or more

Every engineer officer serving on a ship powered by main propulsion machinery of 750 kW or more shall be required to meet the standards of competence specified in Section A-III/1 and A-VIII/2 of the STCW Code in respect of the following functions:

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

3. Maintenance and repair at the operational level.

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

Article 14. Standards of competence of engineer officers of ships powered by main propulsion machinery of less than 750 kW

Every engineer officer serving on a ship powered by main propulsion machinery of less than 750 kW shall be required to meet the standards of competence under training programs prescribed by the Minister of Transport in respect of the following functions:

1. Marine engineering at the operational level.

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

3. Maintenance and repair at the operational level.

4. Controlling the operation of the ship and care for persons on board at the operational level. Article 15. Standards of competence of seafarers in charge of engine-room watch

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Every Oiler rating forming part of an engine-room watch shall be required to meet standards of competence specified in Section A-III/4 of the STCW Code in respect of the marine engineering function at the support level.

2. Standards of competence of AB engine ratings:

Every AB engine rating shall be required to meet the standards of competence specified in Section A-III/5 of the STCW Code in respect of the following functions:

a) Marine engineering at the support level;

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

c) Maintenance and repair at the support level;

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

Article 16. Standards of competence of electro-technical officers

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

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2. Maintenance and repair at the operational level.

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

Article 17. Standards of competence of electro-technical ratings

Every electro-technical rating shall be required to meet the standards of competence specified in Section A-III/7 of the STCW Code in respect of the following functions:

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

2. Maintenance and repair at the support level.

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

Chapter III

PROFESSIONAL CERTIFICATES ISSUED TO SEAFARERS

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Article 18. Classification of professional certificates

Professional certificates issued to seafarers working on Vietnamese-flagged ships include:

1. Certificate of Competency (CoC).

2. Certificates of Proficiency (CoP), including:

a) Certificate of Proficiency in Basic Training (CoP in basic training);

b) Certificate of Proficiency in Special Training (CoP in specialized training);

c) Certificate of Proficiency in Professional Training (CoP in professional training).

3. Templates of professional certificates are available in Appendix I enclosed herewith.

Article 19. Certificate of Competency (CoC)

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2. A CoC shall be valid for 05 years from the date of issue. Where the remaining working period of a seafarer until his retirement age is less than 05 years, the period of validity of the CoC shall be equal to that seafarer’s remaining working period as prescribed in the Labor Code.

Article 20. Certificate of Proficiency in Basic Training

1. CoP in basic training shall be issued by training institutions to seafarers who have successfully completed basic training programs in personal survival techniques, fire fighting and fire prevention, elementary first aid, personal safety and social responsibility, and proficiency in security awareness in accordance with the provisions of the STCW Convention.

2. A CoP in basic training shall be valid for 05 years from the date of issue. Where the remaining working period of a seafarer until his retirement age is less than 05 years, the period of validity of the CoP in basic training shall be equal to that seafarer’s remaining working period as prescribed in the Labor Code.

Article 21. Certificate of Proficiency in Special Training

1. CoP in special training shall be issued by training institutions to seafarers who have completed one of the following special training programs in accordance with the provisions of the STCW Convention:

a) Basic training for oil and chemical or liquefied gas tankers;

b) Advanced training for oil, chemical or liquefied gas tankers;

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

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

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

g) Basic training for ships operating in polar waters;

h) Advanced training for ships operating in polar waters;

i) High-speed craft.

2. A CoP in special training shall be valid for 05 years from the date of issue. Where the remaining working period of a seafarer until his retirement age is less than 05 years, the period of validity of the CoP in special training shall be equal to that seafarer’s remaining working period as prescribed in the Labor Code.

Article 22. Certificate of Proficiency in Professional Training

1. CoP in professional training shall be issued by training institutions to seafarers who have completed one of the following professional training programs in accordance with the provisions of the STCW Convention:

a) Radar Observation and Plotting;

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

dd) Medical first aid;

e) Medical care;

g) Survival craft and rescue boats;

h) Fast rescue boats;

i) Security training for seafarers with designated security duties;

k) Ship security officers;

l) Bridge team/resource management;

m) Engine-room team/resource management;

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o) Electronic chart display and information system;

p) Shipboard safety management;

q) Chief cooks and cooks;

r) Other certificates of proficiency as prescribed by IMO.

2. A CoP in professional training shall be valid for 05 years from the date of issue. Where the remaining working period of a seafarer until his retirement age is less than 05 years, the period of validity of the CoP in professional training shall be equal to that seafarer’s remaining working period as prescribed in the Labor Code.

Section 2. REQUIREMENTS FOR ISSUANCE AND RE-ISSUANCE OF CERTIFICATE OF COMPETENCY

Article 23. General requirements

1. Meet requirements relating to age and medical fitness as prescribed.

2. Hold qualifications in:

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b) the training majors specified in Point a of this Clause, issued by foreign training institutions and recognized by the Ministry of Education and Training;

c) maritime officer training programs as prescribed by the Minister of Transport.

3. In the following circumstances, a candidate shall complete the training program or take additional subject(s):

a) The candidate holds a qualification in a major of the same category with one of the majors specified in Clause 2 of this Article issued by a training institution that is not a maritime training institution;

b) The candidate holds a qualification in engine repair issued by a maritime training institution;

c) The candidate holds a qualification in control, machinery or technical engineering of inland waterway ships issued by a training institution specialized in inland waterway.

4. Meet the requirements relating to competencies and tenure for corresponding capacities specified in Article 24 through 42 hereof.

Article 24. Requirements for certificates of competency of masters and chief officers of ships of 3,000 GT or more

1. Requirements relating to competencies:

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b) Acquire the level 3 of maritime English proficiency;

c) Have completed a professional improvement program prescribed by the Minister of Transport;

d) Pass the examination for master or chief officer of ships of 3,000 GT or more.

2. Requirements relating to holding of capacity:

a) For a chief officer: Have served in the capacity of a deck officer on ships of 500 GT or more for at least 24 months;

b) For a master: Have served in the capacity of a chief officer on ships of 3,000 GT or more for at least 24 months, or have served in the capacity of a master on ships between 500 GT and 3,000 GT for at least 12 months and in the capacity of a chief officer on ships of 3,000 GT or more for at least 12 months.

Article 25. Requirements for certificates of competency of masters and chief officers of ships of between 500 GT and 3,000 GT

1. Requirements relating to competencies:

a) Hold an associate degree, or higher, in control engineering. If a candidate only holds an intermediate professional education diploma in control engineering, he shall be required to complete the advanced training program prescribed by the Minister of Transport;

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c) Have completed a professional improvement program prescribed by the Minister of Transport;

d) Pass the examination for master or chief officer of ships of between 500 GT and 3,000 GT.

2. Requirements relating to holding of capacity:

a) For a chief officer: Have served in the capacity of a deck officer on ships of 500 GT or more for at least 24 months;

b) For a master: Have served in the capacity of a chief officer on ships of between 500 GT and 3,000 GT for at least 24 months, or have served in the capacity of a master on ships between 50 GT and 500 GT, engaged on near-coastal voyages, for at least 12 months and in the capacity of a chief officer on ships of between 500 GT and 3,000 GT for at least 12 months.

Article 26. Requirements for certificates of competency of masters of ships of between 50 GT and 500 GT and chief officers of ships of less than 500 GT (engaged on near-coastal voyages)

1. Requirements relating to competencies:

a) Hold an intermediate professional education diploma, or higher, in control engineering;

b) Acquire the level 1 of maritime English proficiency;

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2. Requirements relating to holding of capacity:

a) For a chief officer: Have served in the capacity of a deck officer on ships of less than 500 GT, engaged on near-coastal voyages, for at least 24 months;

b) For a master: Have served in the capacity of a chief officer on ships of less than 500 GT, engaged on near-coastal voyages, for at least 24 months.

Article 27. Requirements for certificates of competency of masters of ships of less than 50 GT, engaged on near-coastal voyages

1. Requirements relating to competencies:

a) Have graduated from the lower secondary school;

b) Have successfully completed a short-term training program in control engineering and passed examinations as prescribed by the Minister of Transport. If a candidate holds an elementary education diploma in control engineering, he shall be required to pass the required examination.

2. Requirements relating to seagoing service: Have approved seagoing service of at least 12 months.

Article 28. Requirements for certificates of competency of deck officers of ships of 500 GT or more

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a) Hold an associate degree, or higher, in control engineering, or have completed a maritime officer training program in control engineering prescribed by the Minister of Transport. If a candidate only holds an intermediate professional education diploma in control engineering, he shall be required to complete the advanced training program prescribed by the Minister of Transport;

b) Acquire the level 2 of maritime English proficiency;

c) Pass the examination for a deck officer on ships of 500 GT or more.

2. Requirements relating to tenure:

a) Have an internship period of at least 12 months documented in an approved training record book under the training program that meets the requirements of Section A-II/1 of the STCW Code, or have at least 36 months’ seagoing service on board ships of 500 GT or more, including at least 06 months engaged in AB deck rating duties;

b) If a candidate has served in the capacity of a deck officer on ships of less than 500 GT, engaged on near-coastal voyages, he shall be required to have at least 06 months’ seagoing service on ships of 500 GT or more.

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

1. Requirements relating to competencies:

a) Hold an intermediate professional education diploma, or higher, in control engineering;

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c) Pass the examination for a deck officer on ships of less than 500 GT.

2. Requirements relating to tenure: Have an approved seagoing service of at least 36 months.

Article 30. Requirements for certificates of competency of chief engineers and second engineers of ships powered by main propulsion machinery of 3,000 kW or more

1. Requirements relating to competencies:

a) Hold a bachelor’s degree in marine vessel engine operation. If a candidate only holds an associate degree in marine vessel engine operation, he shall be required to complete the advanced training program prescribed by the Minister of Transport;

b) Acquire the level 3 of maritime English proficiency;

c) Have completed a professional improvement program prescribed by the Ministry of Transport;

d) Pass the examination for chief engineer or second engineer on ships powered by main propulsion machinery of 3,000 kW or more.

2. Requirements relating to holding of capacity:

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b) For a chief engineer: Have served in the capacity of a second engineer on ships powered by main propulsion machinery of 3,000 kW or more for at least 24 months, or have served in the capacity of a chief engineer on ships powered by main propulsion machinery of between 750 kW and 3,000 kW for at least 12 months and in the capacity of a second engineer on ships powered by main propulsion machinery of 3,000 kW or more for at least 12 months.

Article 31. Requirements for certificates of competency of chief engineers and second engineers of ships powered by main propulsion machinery of between 750 kW and 3,000 kW

1. Requirements relating to competencies:

a) Hold an associate degree, or higher, in marine vessel engine operation. If a candidate only holds an intermediate professional education diploma in marine vessel engine operation, he shall be required to complete the advanced training program prescribed by the Minister of Transport;

b) Acquire the level 2 of maritime English proficiency;

c) Have completed a professional improvement program prescribed by the Minister of Transport;

d) Pass the examination for chief engineer or second engineer on ships powered by main propulsion machinery of between 750 kW and 3,000 kW.

2. Requirements relating to holding of capacity:

a) For a second engineer: Have served in the capacity of an engineer officer on ships powered by main propulsion machinery of 750 kW or more for at least 24 months;

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Article 32. Requirements for certificates of competency of chief engineers of ships powered by main propulsion machinery of between 75 kW and 750 kW, and second engineers of ships powered by main propulsion machinery of less than 750 kW

1. Requirements relating to competencies:

a) Hold an intermediate professional education diploma, or higher, in marine vessel engine operation.

b) Acquire the level 1 of maritime English proficiency;

c) Have completed a professional improvement program prescribed by the Minister of Transport.

2. Requirements relating to tenure:

a) For a second engineer: Have served in the capacity of an engineer officer on ships powered by main propulsion machinery of less than 750 kW for at least 24 months;

b) For a chief engineer: Have served in the capacity of a second engineer on ships powered by main propulsion machinery of less than 750 kW for at least 24 months, or have served in the capacity of an engineer officer on ships powered by main propulsion machinery of less than 750 kW for at least 36 months.

Article 33. Requirements for certificates of competency of chief engineers of ships powered by main propulsion machinery of less than 75 kW

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a) Have graduated from the lower secondary school;

b) Have successfully completed a short-term training program in marine vessel engine operation and passed the examination as prescribed by the Minister of Transport. If a candidate holds an elementary vocational education diploma in marine vessel engine operation, he shall be required to pass the required examination.

2. Requirements relating to seagoing service: Have an approved seagoing service of at least 12 months.

Article 34. Requirements for certificates of competency of engineer officers of ships powered by main propulsion machinery of 750 kW or more

1. Requirements relating to competencies:

a) Hold an associate degree, or higher, in marine vessel engine operation, or have completed a maritime officer training program in marine vessel engine operation prescribed by the Minister of Transport. If a candidate only holds an intermediate professional education diploma in marine vessel engine operation, he shall be required to complete the advanced training program prescribed by the Minister of Transport;

b) Acquire the level 2 of maritime English proficiency;

c) Pass the examination for an engineer officer on ships powered by main propulsion machinery of 750 kW or more.

2. Requirements relating to tenure:

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b) If a candidate has served in the capacity of an engineer officer on ships powered by main propulsion machinery of less than 750 kW, he shall be required to have at least 06 months’ seagoing service on ships powered by main propulsion machinery of 750 kW or more.

Article 35. Requirements for certificates of competency of engineer officers of ships powered by main propulsion machinery of less than 750 kW

1. Requirements relating to competencies:

a) Hold an intermediate professional education diploma, or higher, in marine vessel engine operation.

b) Acquire the level 1 of maritime English proficiency;

c) Pass the examination for an engineer officer on ships powered by main propulsion machinery of less than 750 kW.

2. Requirements relating to tenure: Have an approved seagoing service of at least 36 months on ships powered by main propulsion machinery of 75 kW or more.

Article 36. Requirements for issuance of certificates of competency to seafarers in charge of navigational watch

1. Ratings forming part of a navigational watch:

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b) Hold a CoP in basic training;

c) Have an approved seagoing service of 06 months or apprenticeship period of 02 months.

2. AB deck ratings:

a) Hold a CoC for a rating forming part of a navigation watch (if not, the candidate shall be required to hold an associate degree, or higher, in control engineering);

b) Hold a CoP in basic training;

c) Have an approved seagoing service of 18 months or have apprenticed as AB deck rating for a period of 12 months.

Article 37. Requirements for issuance of certificates of competency to seafarers in charge of engine-room watch

1. Oiler ratings forming part of an engine-room watch:

a) Hold an intermediate professional education diploma, or higher, in marine vessel engine operation, or have completed theory modules of the maritime officer training program in marine vessel engine operation prescribed by the Minister of Transport. If a candidate only holds an elementary professional education diploma in marine vessel engine, he shall be required to complete the advanced training program prescribed by the Minister of Transport;

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c) Have an approved seagoing service of 06 months or have apprenticed as Oiler rating forming part of an engine-room watch for a period of 02 months.

2. AB engine ratings:

a) Hold a CoC for Oiler rating forming part of an engine-room watch (if not, the candidate shall be required to hold an associate degree, or higher, in marine vessel engine operation);

b) Hold a CoP in basic training;

c) Have an approved seagoing service of 12 months or have apprenticed as AB engine rating for a period of 06 months.

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

1. Requirements relating to competencies:

a) Hold an associate degree, or higher, in marine electrical engineering. If a candidate only holds an intermediate professional education diploma in marine electrical engineering, he shall be required to complete the advanced training program prescribed by the Minister of Transport;

b) Acquire the level 2 of maritime English proficiency;

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2. Requirements relating to tenure: Have an internship period of at least 12 months documented in an approved training record book under the training program that meets the requirements of Section A-III/6 of the STCW Code, or have an approved seagoing service of at least 36 months.

Article 39. Requirements for issuance of certificates of competency to electro-technical ratings

1. Hold an intermediate professional education diploma, or higher, in marine electrical engineering. If a candidate only holds an elementary professional education diploma in marine electrical engineering, he shall be required to complete the advanced training program prescribed by the Minister of Transport.

2. Hold a CoP in basic training.

3. Have an approved seagoing service of 06 months or have apprenticed as an electro-technical rating for a period of 03 months.

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

1. Hold an intermediate professional education diploma, or higher, in control engineering, marine engine vessel operation or marine electrical engineering, issued by a foreign maritime training institution and recognized in Vietnam in accordance with regulations of the Ministry of Education and Training.

2. Hold a CoC issued by a competent authority of the Party that has entered into an agreement on recognition of professional certificates with the Government of Vietnam.

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

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2. In case of an expired or expiring CoC, the seafarer applying for re-issuance of a CoC shall be required to meet the following conditions:

a) He has served in the capacity indicated in the issued CoC for a period of not less than 12 months in the past 05 years before the date of application for re-issuance. If this requirement relating to tenure is not met, the seafarer shall be required to apprentice for at least 03 months in the capacity indicated in the CoC within the period of 06 months before the application for re-issuance;

b) Hold unexpired professional certificates appropriate to the capacity in accordance with the provisions of the STCW Convention.

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

1. The CoP shall be re-issued in the following cases: It is lost or damaged, contains inaccurate information, is expired or expiring.

2. In case of an expired or expiring CoP, the seafarer applying for re-issuance of a CoP shall be required to meet the following conditions:

a) He has an approved seagoing service appropriate to the issued CoP for a period of not less than 12 months in the past 05 years before the date of application for re-issuance;

b) If the requirement relating to seagoing service prescribed in Point a of this Clause is not met, the seafarer shall be required to pass the examination and assessment of competence appropriate to the issued CoP.

Section 3. REQUIREMENTS FOR ISSUANCE, RE-ISSUANCE OF CERTIFICATES OF ENDORSEMENT ATTESTING RECOGNITION OF CERTIFICATE OF COMPETENCY, CERTIFICATES OF INSTRUCTORS

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1. Meet the requirements relating to medical fitness and age as prescribed in the Labor Code of Vietnam.

2. Hold CoC, GOC or ROC for GMDSS and CoP in oil, chemical or liquefied gas tanker issued by a competent authority of the Party that has entered into an agreement on recognition of professional certificates with the Government of Vietnam.

3. Have an approved seagoing service of at least 36 months.

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

1. Hold a GOC or ROC for GMDSS or a CoP in oil, chemical or liquefied gas tanker, ships operating in polar waters, or high-speed crafts.

2. In case of endorsement certificate attesting the issuance of CoP in advanced training in ships operating in polar waters, the candidate shall be required to have at least 02 months’ working experience in polar waters or other accepted equivalent.

Article 45. Requirements for issuance of certificate of instructor

1. Have successfully completed a training course for instructor.

2. Have completed the training in use of simulators and simulation assessment if being an instructor of the simulation department.

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The certificate of endorsement attesting recognition of certificate of competency, endorsement certificate attesting the issuance of the certificate (unexpired) or certificate of instructor shall be re-issued if it is lost or damaged or contains inaccurate information.

Section 4. ORGANIZATION OF EXAMINATIONS FOR MARITIME OFFICERS

Article 47. Examination board

1. The examination board is established by the Director General of Vietnam Maritime Administration and comprised of 05 members: Chairman of the examination board that is a leader of Vietnam Maritime Administration, 01 secretary, 02 members that are department heads of Vietnam Maritime Administration (including Personnel Department, and Ship and Seafarer Registration Department), and 01 member that is the head of a training institution.

2. The examination board shall have the following duties:

a) provide advice to the Director General of Vietnam Maritime Administration about deciding the list of candidates, establishing the Jury for organizing and marking the examinations for maritime officers, selecting examination papers for each capacity, and recognizing examination results;

b) organize and supervise examinations;

c) report on examination results;

d) take actions against violations against examination rules.

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1. The Jury is established according to decision of the Director General of Vietnam Maritime Administration at the request of the Chairman of the examination board.

2. The number of members of the Jury depends on the number of candidates but shall not be fewer than 03 members and 1/3 of which shall not directly perform teaching duties. The Jury includes maters, chief engineers and experts in maritime or management, and teachers who have experience and qualifications appropriate to qualification requirements set out for each examination course.

3. The Jury shall have the following duties:

a) Give examination questions and mark examination papers strictly, accurately and transparently to properly evaluate the candidate's competency;

b) Detect mistakes in examination papers and request the examination board to make timely modification;

c) Detect and request the Chairman of the examination board to take actions against any violations during the examination.

Section 5. SEAFARER TRAINING

Article 49. Instructors

1. An instructor is a person who has completed the coach training under the training program prescribed by the Minister of Transport and holds a certificate of instructor.

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3. Only instructor or holder of certificate of instructor issued by a foreign competent authority in accordance with the provisions of the 1978 STCW Convention and its amendments shall be appointed to assume responsibility in the capacity as instructors of respective training courses or training of seafarers and updating of onboard training book records.

Article 50. Basic training

1. A graduate from a maritime training institution shall be issued with the CoP in basic training.

2. If a seafarer does not complete the basic training, he shall be required to complete the basic training as prescribed and obtain a certificate from the training institution.

Article 51. Special training

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

2. Special training provided for seafarers on oil tankers, chemical tankers, liquefied gas tankers, and ships operating in polar waters shall include basic training and advanced training.

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

4. CoP in basic training shall be issued to seafarers on oil tankers, chemical tankers and liquefied gas tankers only after they have successfully completed the basic training program.

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6. With regard to ships operating in polar waters, CoP in basic training shall be issued to masters, chief officers and deck officers who have completed the basic training program and meet the standards of competence specified in Section A-V/4, paragraph 1 of the STCW Code.

7. With regard to ships operating in polar waters, CoP in advanced training shall be issued to masters and chief officers who have at least 02 months’ working experience in polar waters or other accepted equivalent, have completed the advanced training program and meet the standards of competence specified in Section A-V/4, paragraph 2 of the STCW Code.

8. With regard to Ro-Ro passenger ships, CoP in advanced training shall be issued to a person who has completed one or all of the following training contents:

a) Masters, chief officers, officers and other seafarers that are designated to assist passengers in emergency situations and have completed training in crowd management;

b) Masters, chief officers, chief engineers, second engineers and other seafarers that are assigned to assume responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ro-ro passenger ships and have completed training in passenger safety, cargo safety and hull integrity;

c) Masters, chief officers, chief engineers, second engineers and other seafarers that have responsibility for the safety of passengers in emergency situations and have completed training in crisis management and human behavior, handling of emergency situations;

d) Seafarers providing direct services to passengers in passenger spaces upon completion of the safety training program.

9. With regard to high-speed crafts, CoP shall be issued to seafarers who have completed the training in operations on high-speed crafts.

Article 52. Professional training

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2. ARPA: CoP in ARPA shall be issued to masters, chief officers and deck officers who have completed the training course in ARPA.

3. GMDSS:

a) GOC for GMDSS shall be issued to masters, chief officers and deck officers who serve on ships installed with GMDSS equipment related to areas A2, A3 and A4 and have completed the training course in GOC;

b) ROC for GMDSS shall be issued to masters, chief officers and deck officers who serve on ships installed with GMDSS equipment related to area A1 and have completed the training course in ROC.

4. Electronic chart display and information system (ECDIS): CoP in ECDIS shall be issued to masters, chief officers and deck officers who have completed the training course in ECDIS.

5. Bridge team/resource management: CoP in bridge team/resource management shall be issued to masters, chief officers and deck officers who have completed the training course in bridge team/resource management.

6. Engine-room team/resource management: CoP in engine-room team/resource management shall be issued to chief engineers, second engineers and engineer officers who have completed the training course in engine-room team/resource management.

7. Seafarers with designated security duties: CoP for seafarers with designated security duties shall be issued to seafarers who have completed the security training course for seafarers with designated security duties.

8. Ship security officers: CoP for ship security officers shall be issued to masters, chief officers and deck officers who have completed the training course for ship security officers.

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10. Medical first aid: CoP in medical first aid shall be issued to deck officers and engineer officers who have completed the training program in medical first aid.

11. Medical care: CoP in medical care shall be issued to masters, chief officers and seafarers who assume the responsibility for medical care on board ship after they have completed the training program in medical care.

12. Survival craft and rescue boats: CoP in survival craft and rescue boats shall be issued to deck officers, engineer officers, seaman and oilers who have completed the training program in survival craft and rescue boats.

13. Fast rescue boats: CoP in fast rescue boats shall be issued to deck officers, engineer officers, seaman and oilers who serve on ships equipped with fast rescue boats and have completed the training program in fast rescue boats.

Only seafarers who hold CoP in survival craft and rescue boats shall be eligible to attend the training program and apply for CoP in fast rescue boats.

14. Shipboard safety management: CoP in shipboard safety management shall be issued to officers who have completed the training course in shipboard safety management.

15. Maritime English: CoP in maritime English shall be issued to students ad seafarers who have passed level-1, level-2 and level-3 maritime English examinations.

16. Chief cooks and cooks: CoP for chief cooks/cooks shall be issued to seafarers who have completed training courses for chief cooks/cooks.

Article 53. Seafarer training institutions

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2. Seafarer training institutions shall develop the electronic database for managing students, examinations and timetables for training courses, and the electronic database for management of professional certificates in accordance with the provisions of the STCW Convention. The electronic database for management of professional certificates must be connected to the seafarer database of Vietnam Maritime Administration.

Article 54. Seafarer training programs

1. Seafarer training programs include:

a) Training programs for CoP;

b) Training programs for CoC.

2. Based on standards of competence and professional certificates laid down in Chapter II and Chapter III hereof and IMO Model Course, training institutions shall develop and submit training programs to the Minister of Transport for promulgation.

3. Based on promulgated training programs, training institutions shall develop and adopt detailed training programs, syllabi and materials.

Section 6. ISSUANCE AND RE-ISSUANCE OF CERTIFICATES OF ENDORSEMENT ATTESTING RECOGNITION OF CERTIFICATE OF COMPETENCY, CERTIFICATE OF PROFICIENCY

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

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2. An application for Certificate of endorsement attesting the recognition of CoC shall be submitted directly or by post or in any other appropriate form to Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration. Such application includes:

a) The application form made by the seafarer management body according to the form in Appendix II enclosed herewith;

b) The copy of the professional certificate issued by a competent authority of the Party that has entered into an agreement on recognition of professional certificates with the Government of Vietnam;

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

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

3. Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall receive and check the application for its composition and quantity, record it and give an appointment for return of application processing result within the prescribed time limits, and carry out a verification of authenticity and validity of the CoC with the issuing authority.

a) If an application is submitted directly and inadequate, the received application shall be returned to the applicant who shall also receive instructions for modifying its application;

b) If an application is submitted by post or in another appropriate form and inadequate, Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall give a written notification to the applicant within 02 working days from the receipt of application;

c) Within 02 working days from the receipt of an adequate application as prescribed, Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall issue the Certificate of endorsement attesting the recognition of the CoC according to the form in Appendix I enclosed herewith. If an application is refused, a written response indicating reasons for refusal shall be given to the applicant;

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5. Fees and charges: Fees and charges for processing applications for Certificate of endorsement attesting the recognition of the CoC shall be paid in accordance with regulations of the Ministry of Finance.

Article 56. Procedures for issuance of CoC to ratings forming part of a navigational watch, ratings forming part of an engine-room watch, electro-technical ratings; CoC to Vietnamese seafarers holding CoC issued by foreign competent authorities

1. Eligible applicants:

a) Seafarers who meet the requirements for CoC for ratings forming part of a navigational watch, AB deck ratings, Oiler ratings forming part of an engine-room watch, AB engine ratings and electro-technical ratings in accordance with the provisions of this Circular and the STCW Convention.

b) A seafarer who is Vietnamese citizen and meets the requirements set out in Article 40 hereof shall be issued with the CoC indicating the same capacity and limitations with the CoC issued by foreign competent authority.

2. An application for CoC for rating forming part of a navigational watch, rating forming part of an engine-room watch, electro-technical rating or Vietnamese seafarer holding CoC issued by a foreign competent authority shall be submitted directly or by post or in another appropriate form to Vietnam Maritime Administration.

3. An application for CoC for rating forming part of a navigational watch, Oiler rating forming part of an engine-room watch or electro-technical rating includes:

a) The application form made by the seafarer according to the form in Appendix III enclosed herewith or made by the training institution or seafarer management body according to the form in Appendix IV enclosed herewith;

b) The certified true copies, or copies presented with their originals for verification, of graduation diploma or certificate of graduation or graduation decision, certificate of completion of advanced training course (if any) and CoP in basic training. With regard to a graduation diploma issued by a foreign training institution, the certified true copy or the copy presented with its original shall be submitted for verification of the certificate of recognition of graduation diploma in accordance with regulations of the Ministry of Education and Training;

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

dd) The certified true copy, or the copy presented with its original for verification, of the seafarer’s discharge book (if the applicant holds a certificate of completion of advanced training course or elementary vocational education diploma).

4. An application for issuance of CoC to AB deck rating or AB engine rating includes the documents in Points a, b, c, d Clause 3 of this Article and the certified true copy, or the copy presented with its original for verification, of the seafarer’s discharge book.

5. An application for issuance of CoC to AB deck rating or AB engine rating who holds CoC for rating forming part of a navigational watch or Oiler rating forming part of an engine-room watch includes the documents in Points a, c, d Clause 3 of this Article, CoC for rating forming part of a navigational watch or Oiler rating forming part of an engine-room watch and the certified true copy, or the copy presented with its original for verification, of the seafarer’s discharge book.

6. An application for issuance of CoC to a Vietnamese seafarer holding a CoC issued by a foreign competent authority includes the documents in Points a, b, c, d Clause 3 of this Article and the certified true copy of CoC issued by the competent authority of the Party that has entered into an agreement on recognition of professional certificates with the Government of Vietnam, the seafarer’s discharge book.

7. Vietnam Maritime Administration shall receive and check the application for its composition and quantity, record it and give an appointment for return of application processing result within the following time limits:

a) If an application is submitted directly and inadequate as prescribed, the received application shall be returned to the applicant who shall also receive instructions for modifying its application;

b) If an application is submitted by post or in another appropriate form and inadequate, Vietnam Maritime Administration shall give a written notification to the applicant within 02 working days from the receipt of application;

c) Within 02 working days from the receipt of an adequate application as prescribed, Vietnam Maritime Administration shall issue CoC according to the form in Appendix I enclosed herewith. If an application is refused, a written response indicating reasons for refusal shall be given to the applicant.

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

1. Endorsement certificate attesting the issuance of the certificate shall be issued to seafarers who meet the requirements for such endorsement certificate set out in this Circular and the STCW Convention.

2. An application for endorsement certificate attesting the issuance of the certificate shall be submitted directly or by post or in any other appropriate form to Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration. Such application includes:

a) The application form made by the seafarer according to the form in Appendix V enclosed herewith or made by the seafarer management body according to the form in Appendix VI enclosed herewith;

b) The certified true copies, or the copies presented with their originals for verification, of GOC, ROC and CoP in special training;

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

3. Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall receive and check the application for its composition and quantity, record it and give an appointment for return of application processing result within the prescribed time limits.

a) If an application is submitted directly and inadequate as prescribed, the received application shall be returned to the applicant who shall also receive instructions for modifying its application;

b) If an application is submitted by post or in another appropriate form and inadequate, Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall give a written notification to the applicant within 02 working days from the receipt of application;

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

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

Article 58. Procedures for issuance of certificate of instructor

1. The certificate of instructor shall be issued to instructors and seafarers who meet the requirements for this certificate laid down in this Circular and the STCW Convention.

2. An application for certificate of instructor shall be submitted directly or by post or in any other appropriate form to Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration. Such application includes:

a) An application form for certificate of instructor made by the instructor according to the form in Appendix VII enclosed herewith or made by the training institution according to the form in Appendix VIII enclosed herewith;

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

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

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

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a) If an application is submitted directly and inadequate, the received application shall be returned to the applicant who shall also receive instructions for modifying its application;

b) If an application is submitted by post or in another appropriate form and inadequate, Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall give a written notification to the applicant within 02 working days from the receipt of application;

c) Within 02 working days from the receipt of an adequate application as prescribed, Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall issue the certificate of instructor according to the form in Appendix I enclosed herewith. If an application is refused, a written response indicating reasons for refusal shall be given to the applicant.

4. Fees and charges: Fees and charges for processing applications for Certificate of instructor shall be paid in accordance with regulations of the Ministry of Finance.

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

1. CoC, endorsement certificate attesting the issuance of the certificate, certificate of endorsement attesting recognition of CoC, or certificate of instructor shall be re-issued to the seafarer who holds the relevant certificate and meets all re-issuance requirements set out in this Circular.

2. An application for re-issuance of the certificate shall be submitted directly or by post or in any other appropriate form to Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration. Such application includes:

a) The application form made according to the form in Appendix IX enclosed herewith or made by the seafarer management body according to the form in Appendix X enclosed herewith;

b) The original certificate if it contains inaccurate information, is lost, expired or expiring (in case the seafarer cannot submit the original of expired CoC because he is serving on board ship, he shall be required to submit it within 07 days after he returns to Vietnam);

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d) Legal documentary proofs of any modifications if the certificate contains inaccurate information;

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

e) The certified true copy or original of the health certificate as prescribed by the Ministry of Health (in case of application for re-issuance of CoC);

g) The certified true copy, or the copy presented with its original for verification, of the seafarer’s discharge book (if the CoC is expired or expiring).

3. Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall receive and check the application for its composition and quantity, record it and give an appointment for return of application processing result within the prescribed time limits.

a) If an application is submitted directly and inadequate, the received application shall be returned to the applicant who shall also receive instructions for modifying its application;

b) If an application is submitted by post or in another appropriate form and inadequate, Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall give a written notification to the applicant within 02 working days from the receipt of application;

c) Within 02 working days from the receipt of an adequate application as prescribed, Vietnam Maritime Administration or its branch office or the Maritime Administration authorized by Vietnam Maritime Administration shall re-issue the certificate according to the form in Appendix I enclosed herewith. If an application is refused, a written response indicating reasons for refusal shall be given to the applicant.

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

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

1. Every candidate shall submit an application for attending the professional improvement course or the examination for officer, master or chief engineer directly or by post or in another appropriate form to the training institution. Such application includes:

a) The application form made according to the form in Appendix XI enclosed herewith;

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

c) The copy of the CoC or certificate of maritime English;

d) The original or certified true copy of the health certificate as prescribed by the Ministry of Health;

dd) Seagoing service testimonial (the certification of seafarer management body is not required) which is made according to the form in Appendix XII enclosed herewith;

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

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

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3. Within 02 working days from the receipt of adequate applications as prescribed, the training institution shall submit an application directly, or by post, or in another appropriate form, to Vietnam Maritime Administration. Such application includes:

a) The application form made by the training institution for approval of the list of candidates attending the advanced training course or the professional improvement course, or attending examinations for masters or chief engineers according to the form in Appendix XIII enclosed herewith;

b) The candidate's application (attached).

4. Vietnam Maritime Administration shall receive and examine the application, and issue the decision on approval of the list of eligible candidates within 05 working days from the date of receipt of adequate application. If an application is refused, a written notification indicating reasons for refusal shall be given.

5. Within 05 working days from the receipt of the report on results of the examination for officers, masters or chief engineers given by the examination board, Vietnam Maritime Administration shall issue a decision on approval of examination results and issue CoC to successful candidate.

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

1. Professional certificates, certificates of endorsement, and other certificates issued to seafarers shall be revoked if the seafarer falsify any documents included in his application, or erase, trade, lend or lease his professional certificate.

2. Such certificates shall be revoked by issuing authorities.

Chapter IV

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Article 62. Minimum safe manning levels

1. General provisions on Vietnamese-flagged ships

a) Minimum safe manning requirements for deck departments of ships by gross tonnage (GT):

Capacity

Ships of less than 50 GT

Ships of between 50 GT and 500 GT

Ships of between 500 GT and 3,000 GT

Ships of 3,000 GT or more

Master

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01

01

01

Chief officer

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01

01

Deck officer

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01

02

GMDSS radio officer (*)

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01

AB deck rating

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01

01

01

Rating forming part of a navigational watch

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01

Total

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03

06

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

b) Minimum safe manning requirements for engine departments of ships by the main propulsion machinery (kW):

Capacity

Ships powered by main propulsion machinery of less than 75 kW

Ships powered by main propulsion machinery of between 75 kW and 750 kW

Ships powered by main propulsion machinery of between 750 kW and 3,000 kW

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Chief engineer

01

01

01

01

Second engineer

01

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Engineer officer

01

01

01

Oiler rating forming part of an engine-room watch

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01

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Oiler rating forming part of an engine-room watch

01

01

Total

01

03

05

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

3. Minimum safe manning requirements for exceptional circumstances:

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

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

c) With regard to passenger ships and Ro-Ro passenger ships, in addition to the minimum safe manning requirements laid down in Clause 1 of this Article, 01 (one), 02 (two), 03 (three) or 04 (four) seafarers in charge of passengers must be arranged on the ship carrying a maximum of 200, 300, 500 or more than 500 passengers respectively. The number of personnel in charge of passengers must be specified as a note of the minimum safe manning certificate. 4. With regard to public-service ships, pilot boats, submarines, submersibles, floating storage units, mobile offshore drilling units and other ships with special functions, based on the proposal of the ship-owner, the ship registry shall decide a minimum safe manning level conformable with the actual operation of the ship. The ship-owner’s proposal must indicate the capacity and number of seafarers necessary to ensure the safe operation of the ship, and hours of rest of seafarers.

5. The minimum safe manning certificate shall be issued by the ship registry where the ship is registered at the same time when the ship‘s certificate of registry is issued and made according to the form in Appendix XIV enclosed herewith.

Article 63. Vietnamese-flagged ship’s complement

1. Ship-owners shall arrange seafarers who meet eligibility requirements in Article 59 of Vietnam Maritime Code to work on board Vietnamese-flagged ships.

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

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A holder of CoC for deck officer or engineer officer or higher may be designated to the capacity of ratings forming a part of a navigational watch, AB deck rating, Oiler rating forming part of engine-room watch or AB engine rating.

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

3. Principles for capacity designation in exceptional circumstances:

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

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

Chapter V

ONBOARD INTERNSHIP

Article 64. Responsibility of training institutions

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

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

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

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

2. Place orders for seafarers with training institutions.

3. Participate in the formulation of training programs/syllabi; provide instructions and assess interns’ performance; welcome trainees, lecturers and instructors to visits and practice to improve their competence under contracts signed with training institutions.

4. Receive, provide accommodation and facilitate trainees, lecturers and instructors working on ships; Pay salaries and wages to trainees, lecturers and instructors directly working or participating in any duties on ships during their training/internship period as agreed upon in the signed contracts; Make certification of the time of designating the capacity to the onboard intern on his discharge book; make declaration of onboard interns electronically on seafarer database of Vietnam Maritime Administration and assume responsibility for their certification.

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

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

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

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Article 67. Responsibility of onboard interns

1. Onboard interns must have discharge books and professional certificates appropriate to the type of ship they work as interns.

2. Onboard interns must comply with internal regulations/rules adopted by ship-owners, perform duties according to instructions given by masters, chief engineers, maritime officers, lecturers and instructors.

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

Chapter VI

IMPLEMENTATION PROVISIONS

Article 68. Effect

1. This Circular comes into force from April 15, 2020.

2. The Circular No. 37/2016/TT-BGTVT dated November 25, 2016 of the Ministry of Transport prescribing standards of competence, professional certificates, training for seafarers, and minimum safe manning requirements for Vietnamese-flagged ships shall be abrogated.

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Minimum safe manning certificates for passenger ships issued before this Circular comes into force shall remain valid until August 31, 2020 inclusively.

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

Article 69. Implementation organization

1. Vietnam Maritime Administration shall play the leading role and cooperate with relevant agencies, entities and individuals in implementing this Circular.

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

PP. MINISTER
DEPUTY MINISTER




Nguyen Van Cong