|
THE MINISTRY OF TRANSPORT
-------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 17/2023/TT-BGTVT
|
Hanoi, June 30, 2023
|
CIRCULAR
AMENDMENTS TO SOME ARTICLES OF THE
CIRCULAR NO. 40/2016/TT-BGTVT DATED DECEMBER 07, 2016 OF THE MINISTER OF
TRANSPORT ON REGISTRATION OF VIETNAM SEA-GOING SHIPS AND CIRCULAR NO.
51/2017/TT-BGTVT DATED DECEMBER 29, 2017 OF THE MINISTER OF TRANSPORT ON SEA-GOING
SHIP SURVEYORS AND SURVEYING OPERATIONS EMPLOYEES
Pursuant
to the Vietnam Maritime Code dated November 25, 2015;
Pursuant
to the Law on Quality of Products and Goods dated November 21, 2007;
Pursuant
to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the
functions, tasks, powers and organizational structure of the Ministry of
Transport;
At
the request of the Director General of the Department of Science, Technology
and Environment and the Director General of Vietnam Register;
The
Minister of Transport hereby promulgates a Circular on amendments to some
Articles of the Circular No. 40/2016/TT-BGTVT dated December 07, 2016 of the
Minister of Transport on registration of Vietnam sea-going ships and Circular
No. 51/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on
sea-going ship surveyors and surveying operations employees.
Article 1. Amendments to some Articles of the Circular No.
40/2016/TT-BGTVT dated December 07, 2016 of the Minister of Transport on
registration of Vietnam sea-going ships (hereinafter referred to as “the
Circular No. 40/2016/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June
30, 2022 of the Minister of Transport on amendments to some Articles of
Circulars on inspection and registration (hereinafter referred to as “the
Circular No. 16/2022/TT-BGTVT”)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“6a.
"remote sea-going ship surveying and audit" refers to the process by
which the surveyor, who is not present on board the ship, uses information
technology or another method to determine that the actual technical condition
of a ship remains good to ensure safety, security, maritime labor and
environment pollution prevention, and serve the purpose of the ship's
operation.”
2.
Clause 3 is added to Article 5 of the Circular No. 40/2016/TT-BGTVT as follows:
“3.
In the following cases: access to a sea-going ship is restricted due to a
pandemic, natural disaster or armed conflict; a repair facility fails to
arrange to receive any ship; a ship is utterly unable to arrive at the
designated place for surveying, a recognized organization conducts surveying
and audit of a sea-going ship directly or remotely in order to determine that
the technical condition of the ship remains good to ensure safety, security,
maritime labor and environment pollution prevention with the aim of extending
the ship's certificate as prescribed.”
3.
Clause 1 is added to Article 7 of the Circular No. 40/2016/TT-BGTVT as follows:
“1.
An entity requesting the Vietnam Register (hereinafter referred to as “VR” to
carry out sea-going ship registration shall pay all registration fees and
expenses as prescribed by law.”
4.
Clauses 2, 3, 4, 5 and 6 Article 10 of the Circular No. 40/2016/TT-BGTVT are
amended as follows:
a)
Clause 2 of Article 10 is amended as follows:
“2.
An application for sea-going ship survey includes 01 (one) physical original
copy or electronic application form made using the Form No. 03 in the Appendix
to this Circular.”
b)
Clause 3 of Article 10 is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c)
Clause 4 of Article 10 is amended as follows:
“4.
Receipt of application: VRBO shall receive the application and inspect its
adequacy: if the application is inadequate, instruct the applicant to complete
it within the working day (if the application is submitted in person or through
an online public service portal) or within 02 (two) working days from the date
of application receipt (if the application is submitted by post and another
appropriate method); if the application is adequate, within 07 (seven) working
days from the date of receipt, agree with the applicant about the time of
survey at the place required by the applicant.”
d)
Clause 5 of Article 10 is amended as follows:
“5.
Carrying out survey and issuing a certificate: After the sea-going ship survey,
if the survey result is satisfactory, issue registration documents to the ship
within 02 (two) working days from the end of the initial or periodic survey and
within 01 (one) working day from the end of the annual survey, docking survey,
intermediate survey or occasional survey. If the survey result is
unsatisfactory, notify the applicant in writing.
In
case of an imported ship, VRBO shall issue a document certifying its technical
status if the initial survey result is satisfactory.”
dd)
Clause 6 of Article 10 is amended as follows:
“6.
Return of the result: The applicant shall receive the result directly at VRBO
or by post or through an online public service portal or by another appropriate
method.”
5.
Clauses 2, 3, 4, 5 and 6 Article 11 of the Circular No. 40/2016/TT-BGTVT are
amended as follows:
a)
Clause 2 of Article 11 is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) 01
(one) physical original copy or electronic application form made using the Form
No. 04 in the Appendix to this Circular;
b) 01
(one) copy of the safety management system document of company (if the
application is submitted in person or by post) or electronic copy (if the
application is submitted through an online public service portal) in case of
interim or initial audit;
c) 01
(one) copy of the document proving the ownership or bare ship management and
charter and commitment to fulfill all obligations and liability prescribed in
ISM Code with regard to a company not being ship owner (if the application is
submitted in person or by post) or electronic copy (if the application is
submitted through an online public service portal) in case of interim or
initial audit.”
b)
Clause 3 of Article 11 is amended as follows:
“3.
Submission of application: The applicant shall submit 01 (one) complete
application as prescribed to the Vietnam Register Quality and Safety
Management System Certification Center (hereinafter referred to as “VRQC”) in
person or by post or through an online public service portal or by another
appropriate method.”
c)
Clause 4 of Article 11 is amended as follows:
“4.
Receipt of application: The VRQC shall receive the application and inspect its
adequacy: if the application is inadequate, instruct the applicant to complete it
within the working day (if the application is submitted in person or through an
online public service portal) or within 02 (two) working days from the date of
application receipt (if the application is submitted by post and another
appropriate method); if the application is adequate, within 07 (seven) working
days from the date of receipt, agree with the applicant about the time of audit
at the place required by the applicant.
d)
Clause 5 of Article 11 is amended as follows:
"5.
Carry out audit and issue a certificate: after auditing the company’s safety
management system, if the result is satisfactory, the VRQC shall issue or
certify the validity of the document of compliance (DOC) under regulations of
the ISM Code within 01 (one) working day from the end of the audit; if the
result is unsatisfactory, notify the applicant in writing.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“6.
Return of the result: The applicant shall receive the result directly at the VRQC
or by post or through an online public service portal or by another appropriate
method.”
6.
Clauses 2, 3, 4, 5 and 6 Article 12 of the Circular No. 40/2016/TT-BGTVT are
amended as follows:
a)
Clause 2 of Article 12 is amended as follows:
“2.
An application for audit of ship includes:
a) 01
(one) physical original copy or electronic application form made using the Form
No. 05 in the Appendix to this Circular;
c) 01
(one) copy of the document proving the ownership or bare ship management and
charter and commitment to fulfill all obligations and liability prescribed in
ISM Code with regard to a company not being ship owner (if the application is
submitted in person or by post) or electronic copy (if the application is
submitted through an online public service portal) in case of issuance of
temporary certificate or initial certificate.”
b)
Clause 3 of Article 12 is amended as follows:
“3.
Submission of application: The applicant shall submit 01 (one) complete
application as prescribed to the VRQC in person or by post or through an online
public service portal or by another appropriate method.”
c)
Clause 4 of Article 12 is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d)
Clause 5 of Article 12 is amended as follows:
"5.
Carry out audit and issue a certificate: after auditing the ship safety
management system, if the result is satisfactory, the VRQC shall issue or
certify the validity of the safety management certificate (SMC) under
regulations of the ISM Code within 01 (one) working day from the end of the
audit; if the result is unsatisfactory, notify the applicant in writing.”
dd)
Clause 6 of Article 12 is amended as follows:
“6.
Return of the result: The applicant shall receive the result directly at the
VRQC or by post or through an online public service portal or by another
appropriate method.”
7.
Article 13 of the Circular No. 40/2016/TT-BGTVT is amended as follows:
“Article
13. Principles of granting authorization to foreign recognized organizations to
carry out survey, classification and issuance of safety, security, maritime
labor and environment pollution prevention certificates to Vietnam sea- going
ships
1.
The Minister of Transport shall assign Director General of VR to authorize
foreign recognized organizations to carry out survey, classification and
issuance of safety, security, maritime labor and environment pollution
prevention certificates to Vietnam sea- going ships.
2.
Upon request, a ship owner shall request Director General of VR to authorize a
foreign recognized organization to carry out survey, classification and
issuance of safety, security, maritime labor and environment pollution
prevention certificates to Vietnam sea- going ships in accordance with the ship
classification rules of the authorized foreign recognized organization and
relevant treaties to which the Socialist Republic of Vietnam is a signatory.
The requirements pertaining to technical safety and environment pollution
prevention specified under the ship classification rules of the authorized
foreign recognized organization must not be less stringent than respective
requirements specified under national technical regulation of Vietnam and
relevant treaties to which the Socialist Republic of Vietnam is a signatory.
3.
The authorized foreign recognized organization shall sign an agreement with VR
under the Code for Recognized Organization (RO Code) of IMO. VR shall notify a
list of recognized organizations signing an agreement with VR through the IMO's
Global Integrated Shipping Information System (GISIS).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a)
Carrying out survey and issuing classification certificates according to rules
of the authorized foreign recognized organization;
b)
Carrying out survey and issuing technical safety and environment pollution
prevention certificates in accordance with regulations of law and national
technical regulation of Vietnam;
c) Carrying
out survey and issuing safety, security, maritime labor and environment
pollution prevention certificates in accordance with treaties to which the
Socialist Republic of Vietnam is signatory.”
8.
Article 14 of the Circular No. 40/2016/TT-BGTVT is amended as follows:
“Article
14. Procedures for issuing letter of authorization to foreign recognized
organization to carry out survey, classification and issuance of safety,
security, maritime labor and environment pollution prevention certificates for
Vietnam sea- going ships
1. An
application for authorization includes:
a) 01
(one) physical original copy or electronic application form made using the Form
No. 06 in the Appendix to this Circular;
b) 01
(one) copy of the certificate of registration of Vietnam sea-going ship or
written approval for sea-going ship’s name granted by the ship
registry (if the application is submitted in person or by post) or
electronic copy (if the application is submitted through an online public
service portal) in case of the ship applying for flying Vietnamese flag for the
first time;
2.
Submission of application: The applicant shall submit 01 (one) complete
application as prescribed to the VR in person or by post or through an online
public service portal or by another appropriate method.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4.
Considering the application and issuing a letter of authorization: after
considering the application: if the result is unsatisfactory, respond to the
applicant; if the result is satisfactory, within 01 working day from the date
of receiving a sufficient application as prescribed, VR shall issue a letter of
authorization according to the Form No. 07 in the Appendix to this Circular.
5.
Return of the result: The applicant shall receive the result directly at VR by
post or through an online public service portal or by another appropriate
method.”
9.
Clauses 2, 3, 4, 5 and 6 Article 15 of the Circular No. 40/2016/TT-BGTVT are
amended as follows:
a)
Clause 2 of Article 15 is amended as follows:
“2.
An application for certificate of eligibility includes:
a) 01
(one) physical original copy or electronic application form made using the Form
No. 08 in the Appendix to this Circular;
b) 01
(one) set of documents (copies) of quality manual and work procedure (if the
application is submitted in person or by post) or electronic copies (if the
application is submitted through an online public service portal) in accordance
with national technical regulation or related treaty to which the Socialist
Republic of Vietnam is a signatory.”
b)
Clause 3 of Article 15 is amended as follows:
"3.
Submission of application: The applicant shall submit 01 (one) complete
application as prescribed to VRBO in person or by post or through an online
public service portal or by another appropriate method.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“4.
Receipt of application: VRBO shall receive the application and inspect its
adequacy: if the application is inadequate, instruct the applicant to complete
it within the working day (if the application is submitted in person or through
an online public service portal) or within 02 (two) working days from the date
of application receipt (if the application is submitted by post and another
appropriate method); if the application is adequate, proceed to consider it.
Within
03 (three) working days from the date of application receipt, if the result is
unsatisfactory, VRBO shall instruct the applicant to complete the application
as prescribed; if the application is satisfactory, respond in writing and agree
with the applicant about the time of site inspection within 05 (five) working
days from the date of reaching an agreement.”
d)
Clause 5 of Article 15 is amended as follows:
“5.
Carrying out inspection and issuing the certificate: after VR carries out
inspection. If the result is satisfactory, VRBO shall issue the Certificate as
prescribed and publish the list of eligible facilities on its website within 01
(one) working day from the end of the site inspection.
If the
result is unsatisfactory, VRBO shall give a written response clearly stating
the reasons within 01 (one) working day from the end of the site inspection.”
dd)
Clause 6 of Article 15 is amended as follows:
“6.
Return of the result: The applicant shall receive the result directly at VRBO
or by post or through an online public service portal or by another appropriate
method.”
10.
Clauses 2, 3, 4, 5 and 6 Article 16 of the Circular No. 40/2016/TT-BGTVT are
amended as follows:
a)
Clause 2 Article 16 of the Circular No. 40/2016/TT-BGTVT amended by clause 4
Article 10 of the Circular No. 16/2022/TT-BGTVT is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) 01
(one) physical original copy or electronic application form made using the Form
No. 09 in the Appendix to this Circular;
b) 01
(one) set of technical documents (copies), including specifications and reports
on inspection or testing of containers, machinery, materials and equipment (if
the application is submitted in person or by post) or electronic copies (if the
application is submitted through an online public service portal).”
b)
Clause 3 of Article 16 is amended as follows:
"3.
Submission of application: The applicant shall submit 01 (one) complete
application as prescribed to VR or VRBO (hereinafter referred to as “the
registry”) in person or by post or through an online public service portal or
by another appropriate method.”
c)
Clause 4 of Article 16 is amended as follows:
“4. Receipt
of application: The registry shall receive the application and inspect its
adequacy: if the application is inadequate, instruct the applicant to complete
it within the working day (if the application is submitted in person or through
an online public service portal) or within 02 (two) working days from the date
of application receipt (if the application is submitted by post and another
appropriate method); if the application is adequate, within 07 (seven) working
days from the date of application submission, agree with the applicant about
the time of survey at the place required by the applicant.”
d)
Clause 5 of Article 16 is amended as follows:
“5.
Carrying out survey and issuing a certificate: After the survey, if the survey
result is satisfactory, the registry shall issue the certificate as prescribed
within 03 (three) working days from the end of the survey; if the survey result
is unsatisfactory, notify the applicant in writing.”
dd)
Clause 6 of Article 16 is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
11.
Point a clause 2, clause 3, clause 4, clause 5 and clause 6 Article 17 of the
Circular No. 40/2016/TT-BGTVT are amended as follows:
a)
Point a clause 2 of Article 17 is amended as follows:
“a)
01 (one) physical original copy or electronic application form made using the
Form No. 10 in the Appendix to this Circular;”
b)
Clause 3 of Article 17 is amended as follows:
“3.
Submission of application: The applicant shall submit 01 (one) complete
application as prescribed to the Center of Digital Transformation, National
Vehicle Data Management and Professional Training (hereinafter referred to as
“DTTC”) or a qualified seafarer training institution, whether in person or by
post or through an online public service portal or by another appropriate
method.”
c)
Clause 4 of Article 17 is amended as follows:
“4.
Receipt of application: DTTC or seafarer training institution shall receive the
application and inspect its adequacy: if the application is inadequate,
instruct the applicant to complete it within the working day (if the
application is submitted in person) or within 02 (two) working days from the
date of application receipt (if the application is submitted by post and
another appropriate method); if the application is adequate, agree with the
applicant about the time and place of professional training.”
d)
Clause 5 of Article 17 is amended as follows:
“5.
Providing training and issuing a certificate: DTTC or seafarer training
institution shall provide professional training and administer final exams to
the applicant for the certificate of participating in the training course for
the company’s designated person ashore.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd)
Clause 6 of Article 17 is amended as follows:
“6.
Return of the result: The applicant shall receive the result directly at DTTC
or seafarer training institution by post or through an online public service
portal or by another appropriate method.”
12. Point
a clause 2, clause 3, clause 4, clause 5 and clause 6 Article 18 of the
Circular No. 40/2016/TT-BGTVT are amended as follows:
a)
Point a clause 2 of Article 18 is amended as follows:
“2.
An application for issuance of a welder certificate includes:
a) 01
(one) physical original copy or electronic application form made using the Form
No. 11 in the Appendix to this Circular.”
b)
Clause 3 of Article 18 is amended as follows:
"3.
Submission of application: The applicant shall submit 01 (one) complete application
as prescribed to VRBO in person or by post or through an online public service
portal or by another appropriate method.”
c)
Clause 4 of Article 18 is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d)
Clause 5 of Article 18 is amended as follows:
“5.
Conducting test and issuing a certificate: After the skill test, if the test
result is satisfactory, VRBO shall issue the certificate as prescribed within
03 (three) working days from the end of the test.”
dd)
Clause 6 of Article 18 is amended as follows:
“6. Return
of the result: The applicant shall receive the result directly at VRBO or by
post or through an online public service portal or by another appropriate
method.”
13.
Clause 21a is added after Article 21 of the Circular No. 40/2016/TT-BGTVT as
follows:
“Article
21a. Responsibility of DTTC and seafarer training institutions
Provide
professional training and issue certificates of participating in the training
course for the company’s designated person ashore in accordance with the
requirements set out in IMO’s MSC-MEPC.7/Circ.6 and regulations of this
Circular.”
14.
The Form No. 03, Form No. 04, Form No. 05, Form No. 06, Form No. 07, Form No.
08, Form No. 09 and Form No. 10 in the Appendix to the Circular No.
40/2016/TT-BGTVT are replaced with the Form No. 03, Form No. 04, Form No. 05,
Form No. 06, Form No. 07, Form No. 08, Form No. 09 and Form No. 10,
respectively in the Appendix I to this Circular.
15.
The Form No. 11 in the Appendix to the Circular No. 40/2016/TT-BGTVT amended by
the Circular No. 16/2022/TT-BGTVT is replaced with the Form No. 11 in the
Appendix I to this Circular.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 2. Amendments to some Articles of the Circular No.
51/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on
sea-going ship surveyors and surveying operations employees (hereinafter
referred to as “the Circular No. 51/2017/TT-BGTVT”)
1.
Points a, c, dd and e clause 1 of Article 8 are amended as follows:
a)
Point a clause 1 of Article 8 is amended as follows:
“a)
Obtain at least a bachelor’s degree in a discipline suitable for the
requirements of the job position.”
b)
Point c clause 1 of Article 8 is amended as follows:
“c) Have
basic information technology skills and be able to use a foreign language
according to requirements of the job position.”
c)
Point dd clause 1 of Article 8 is amended as follows:
“dd)
Pass the surveyor assessment before the recognition of sea-going ship
surveyor."
d)
Point e clause 1 of Article 8 is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5.
Point b clause 1 of Article 9 is amended as follows:
“b)
Be able to use a foreign language according to requirements of the job
position.”
6.
Clause 1 of Article 13 is amended as follows:
“1.
VR shall carry out assessment and recognize ship surveyors; re-recognize ship
surveyors upon the expiry of the sea-going ship surveyor certificate.”
7.
Clause 1 of Article 14 is amended as follows:
“1.
The sea-going ship surveyor certificate shall be valid for 05 (five) year and
issued using the Form No. 01 in the Appendix to this Circular.”
8.
Point d clause 1 Article 8 and point a clause 1 Article 15 of the Circular No.
51/2017/TT-BGTVT are repealed.
9.
The Form No. 01 in the Appendix II to this Circular is added to the Appendix 01
to the Circular No. 51/2017/TT-BGTVT.
Article 3. Implementation clause
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2.
Any administrative procedure under the Circular No. 40/2016/TT-BGTVT
implemented before the effective date of this Circular shall continue to be
implemented until all results are returned as prescribed.
3. Any
ship surveyor which has been recognized under the Circular No. 51/2017/TT-BGTVT
shall have his/her surveyor grade maintained until the expiry of the
certificate and the annual certification thereof is not required.
4.
Chief of the Ministry Office, Chief Inspector of the Ministry, Directors
General, Director General of Vietnam Register, heads of agencies and units
affiliated to the Ministry of Transport, organizations and individuals
concerned are responsible for the implementation of this Circular./.
PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Xuan Sang