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THE MINISTRY OF TRANSPORT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 40/2019/TT-BGTVT
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Hanoi, October 15, 2019
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CIRCULAR
TEST, EXAMINATION, ISSUANCE, RE-ISSUANCE AND CHANGE OF CERTIFICATES
OF COMPETENCY AND QUALIFICATIONS OF SEAFARERS AND OPERATORS OF INLAND WATERWAY
SHIPS
Pursuant to the Law on
Inland Waterway Transport dated June 15, 2004 and Law on amendments to some Article
of the Law on Inland Waterway Transport dated June 17, 2014;
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;
At the request of the
Director of the Department of Personnel and Organization and the Director
General of the Vietnam Inland Waterway Administration;
The Minister of
Transport hereby promulgates a Circular on test, examination, issuance,
re-issuance and change of certificates of competency and qualifications of
seafarers and operators of inland waterway ships.
Chapter
I
GENERAL
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This Circular provides
for test, examination, issuance, re-issuance and change of certificates of
competency and qualifications of seafarers and operators of inland waterway
ships.
Article
2. Regulated entities
1. This Circular applies
to organizations and individuals involved in test, examination, issuance,
re-issuance and change of certificates of competency and qualifications of
seafarers and operators of inland waterway ships.
2. This Circular does not
apply to organizations and individuals involved in test, examination, issuance,
re-issuance and change of certificates of competency and qualifications of
seafarers and inland waterway ship operators who perform public security and
national defence tasks.
Article
3. Definitions
For the purposes of this
Circular, the terms below shall be construed as follows:
1. “duration of
holding title” means the length of time over which a seafarer has held a
title aboard an inland waterway ship.
2. “apprenticeship” refers
to the period of time over which a person serves as an apprentice to hold a
title for which (s)he is trained aboard an inland waterway ship under the
instructions of those who obtain proper professional and technical
qualifications.
3. “Certificate of
competency of master and chief engineer” means the certificate of
eligibility for holding a title as the master and chief engineer aboard an
inland waterway ship.
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5. “high-speed craft” means
a vehicle running at a design speed satisfying the conditions in the National
technical regulation on classification and construction of high-speed craft or
running at a speed of 30 km/h or more.
6. “near-coastal
inland waterway ship” (hereinafter referred to as “the near-coastal ship”) means
a river-sea compatible ship (VR-SB) defined in the National technical
regulation on classification and construction of inland waterway ships.
Chapter
II
CERTIFICATES
OF COMPETENCY, QUALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN
TESTS AND EXAMINATIONS TO OBTAIN THE CERTIFICATE OF COMPETENCY AND
QUALIFICATIONS
Article
4. Classification of certificate of competency and qualifications
1. Certificate of
competency of master shall be classified into four grades: Grade 1 (T1), Grade
2 (T2), Grade 3 (T3) and Grade 4 (T4).
2. Certificate of
competency of chief engineer shall be classified into three grades: Grade 1
(M1), Grade 2 (M2) and Grade 3 (M3).
3. Certificate of Basic
Safety Training.
4. Certificates of
training include:
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b) Certificate of
training for engine rating (TM);
c) Certificate of training
in ship operation (LPT).
5. Certificates of
specialized training include:
a) Certificate of
specialized training in high-speed craft operation (ĐKCT);
b) Certificate of
specialized training in near-coastal ship operation (ĐKVB);
c) Certificate of specialized
training in occupational safety and health aboard near-coastal ships (ATVB);
d) Certificate of
specialized training in occupational safety and health aboard petroleum tankers
(ATXD);
dd) Certificate of
specialized training in occupational safety and health aboard chemical tankers
(ATHC);
e) Certificate of
specialized training in occupational safety and health aboard liquefied natural
gas carriers (ATKHL);
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Article
5. General eligibility requirements for participation in tests or examinations
to obtain the certificate of competency or qualification
1. Candidates must be
Vietnamese citizens or foreigners who have completed the training program
depending on specific category or grade of the certificate of competency or
qualification (except for specific cases stipulated in Point b Clause 7, Point
b Clause 8, Point b Clause 9, Point b Clause 10, Point b Clause 11 and Point b
Clause 12 Article 6 hereof).
2. A candidate's age and
his/her duration of holding the position or serving the apprenticeship must be
sufficient by the date on which the decision on establishment of the testing or
examination board for specific categories or grades of the certificate of
competency or qualification stipulated in Article 6 hereof is granted.
3. Candidates must submit
their health certificates issued by competent health facilities.
Article
6. Specific eligibility requirements for participation in tests or examinations
to obtain the certificate of competency or qualification
In addition to general
eligibility requirements stipulated in Article 5 hereof, candidates are
required to meet the following requirements:
1. Eligibility
requirements for participation in examinations to obtain the certificate of
training for deck rating or certificate of training for engine rating:
Candidates must be aged 16 or older.
2. Eligibility
requirements for participation in examinations to obtain the certificate of
training in ship operation: Candidates must be aged 18 or older.
3. Eligibility
requirements for participation in examinations to obtain the certificate of
specialized training in occupational safety and health aboard near-coastal
ships, petroleum, chemical tankers or liquefied natural gas carriers:
Candidates must hold at least a certificate of training for deck rating or
certificate of training for engine rating or certificate of training in ship
operation.
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5. Eligibility
requirements for participation in examinations to obtain the certificate of
specialized training in near-coastal ship operation: Candidates must hold the
certificate of competency of master Grade 3 or higher and have been holding the
master Grade 3 title for at least 06 months.
6. Eligibility
requirements for participation in tests to obtain the certificate of competency
of master grade 4: Candidates must be aged 18 or older and hold the certificate
of training for deck rating or certificate of training in ship operation;
7. Eligibility
requirements for participation in tests to obtain the certificate of competency
of master grade 3:
a) Candidates must be aged
18 or older and hold the certificate of training for deck rating or certificate
of training in ship operation, and have been holding the deck rating or ship
operator title for at least 12 months or must hold the certificate of
competency of master grade 4, and have been holding the deck rating or ship
operator title for at least 06 months;
b) Candidates who have
obtained the certificate of primary vocational training in navigation or for
deck rating and served their apprenticeship for at least 06 months are entitled
to participate in tests to obtain the certificate of competency of master grade
3 and exempt from attending an equivalent training course.
8. Eligibility
requirements for participation in tests to obtain the certificate of competency
of chief engineer grade 3:
a) Candidates must be
aged 18 or older and hold the certificate of training for engine rating, and
have been holding the engine rating title for at least 12 months;
b) Candidates who have
obtained the certificate of primary vocational training in marine engineering
or for engine rating and served their apprenticeship for at least 06 months are
entitled to participate in tests to obtain the certificate of competency of
chief engineer grade 3 and exempt from attending an equivalent training course.
9. Eligibility
requirements for participation in tests to obtain the certificate of competency
of master grade 2:
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b) Candidates who have
obtained the Level 4 of VQF Diploma in navigation and served their apprenticeship
as a master grade 3 for at least 12 months are entitled to participate in tests
to obtain the certificate of competency of master 2nd prize and exempt from
attending an equivalent training course.
10. Eligibility
requirements for participation in tests to obtain the certificate of competency
of chief engineer grade 2:
a) Candidates must hold
the certificate of competency of chief engineer grade 3, and have been holding
the chief engineer grade 3 title for at least 12 months or have obtained the
certificate of primary vocational training for chief engineers grade 3 and
served their apprenticeship for at least 06 months;
b) Candidates who have
obtained the Level 4 of VQF Diploma in marine engineering and served their
apprenticeship as a chief engineer grade 3 for at least 06 months are entitled
to participate in tests to obtain the certificate of competency of chief
engineer grade 2 and exempt from attending an equivalent training course.
11. Eligibility
requirements for participation in tests to obtain the certificate of competency
of master grade 1:
a) Candidates must hold
the high-school diploma or the equivalent or higher, the certificate of
competency of master grade 2 and have been holding the master grade 2 title for
at least 24 months;
b) Candidates who have
obtained the Level 5 of VQF Advanced Diploma in navigation and served their
apprenticeship as a master grade 1 for at least 18 months are entitled to
participate in tests to obtain the certificate of competency of master grade 1
and exempt from attending an equivalent training course.
12. Eligibility
requirements for participation in tests to obtain the certificate of competency
of chief engineer grade 1:
a) Candidates must hold
the high-school diploma or the equivalent or higher, the certificate of
competency of chief engineer grade 2 and have been holding the chief engineer
grade 2 title for at least 18 months;
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Chapter
III
ARRANGEMENT
FOR TRAINING, TESTS AND EXAMINATIONS TO OBTAIN THE CERTIFICATE OF COMPETENCY OR
QUALIFICATION
Article
7. The power to arrange tests and examinations to obtain, issue, re-issue and
change the certificate of competency or qualification
1. The Vietnam Inland Waterway
Administration shall:
a) Arrange tests, grant a
decision to validate the test result, issue, reissue and change the certificate
of competency of master, chief engineer grade 2 or higher across the nation and
the certificate of competency of master grade 4 or higher, chief engineer grade
3 or higher for training institutions affiliated to the Vietnam Inland Waterway
Administration;
b) decide to validate the
test result, issue, reissue or change the certificate of specialized training.
2. The Department of
Transport shall:
a) arrange tests, grant a
decision to validate the test result, issue, reissue and change the certificate
of competency of master grade 3 or grade 4, and chief engineer grade 3;
b) arrange tests, grant a
decision to validate the test result, issue and reissue the certificate of
training and certificate of basic safety training (for provinces where none of
training institutions is located).
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a) arrange tests, grant a
decision to validate the test result, issue and reissue the certificate of
training and certificate of basic safety training;
b) arrange tests that
candidates can take to obtain the certificate of specialized training.
4. Any authority that has
the power to issue the certificate of competency or qualification shall
consider issuing, reissuing and changing this certificate or qualification.
While reissuing the certificate of competency or qualification, the competent
authority must destroy its original by cutting a corner of such document.
If any organization or
individual wishes to apply for re-issuance or change of the certificate of
competency or qualification at the authority that is not the authority that
issued such certificate or qualification, that authority shall, within the
power mentioned in Clauses 1, 2 and 3 of this Article, request the authority
that issued such certificate or qualification to carry out verification, and
then re-issue or change the certificate of competency or qualification as
prescribed in Article 19 hereof after receiving the verification result.
Article
8. Regulations on organizing a training class
The training institution
or the Department of Transport (as for areas where none of training
institutions is located) shall:
1. Receive applications,
and inspect or double-check the eligibility of a candidate to participate in a
training class, or take tests or examinations in accordance with regulations.
2. Hold such class,
and arrange teaching staff, tests or examinations to assess the study result of
learners according to the regulated training program.
3. Within a maximum
period of 07 days from the start of the class, notify the Vietnam Inland
Waterway Administration of:
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b) Plan for the whole
training program in accordance with regulations laid down in the Appendix III
hereof.
4. Upon completion of a
training program, send a report to the Vietnam Inland Waterway Administration
on:
a) The study result of
learners (the Report No. 2) approved by the head of the training institution or
Department of Transport (for provinces where none of training institutions is
located) in accordance with regulations laid down in the Appendix IV hereof;
b) Plan for test or
examination arrangement.
5. As for the
qualification, within a period of 10 days prior to the test for such
qualification, the training institution or the Department of Transport (for
provinces where none of training institutions is located) must send a written
report to the Vietnam Inland Waterway Administration for its supervision of
tests; as for the certificate of specialized training stipulated in Point b
Clause 3 Article 7 hereof, after obtaining the study result of learners, the
training institution must send such result to the Vietnam Inland Waterway
Administration to serve the purpose of requesting this Administration to make a
decision on validating these test results as well as issue the certificate of
specialized training.
Article
9. Arrangement for tests or examinations to be taken to obtain the certificate
of competency or qualification
1. After receiving the
test or examination plan and the study result of learners (the Report No. 2),
the competent authority stipulated in Article 7 hereof shall make a decision on
establishment of the testing or examination board in compliance with
regulations laid down in the Appendix V hereof and direct such tests or
examinations in conformity with applicable regulations. The Chair of the
testing or examination board or authorized person, the Secretary of the testing
or examination board, must be present to direct or solve any issues that may
arise in the testing or examination process.
2. The Secretary of the
testing or examination board shall inspect applications for participation in a
training class, test or examination submitted by candidates; post a public
notice about the list of eligible candidates at the testing rooms; guarantee
that eligible candidates must achieve satisfactory scores of all required
subjects, and total time of learning theoretical and practical lessons equals
at least 80% compared with the statutory time as well as these candidates must
present their valid documents in accordance with regulations mentioned in the
application for participating in a training class, test or examination.
3. The testing or
examination board shall convene its meetings as follows:
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a) List of the test or
examination results (the Report No. 3) according to the regulations laid down
in the Appendix VIII hereof;
b) The meeting minutes of
the first and second meeting session of the testing or examination board
according to the regulations laid down in the Appendices IX and X hereof;
c) Other documents
concerning these tests or examinations.
5. After receiving the
report from the testing or examination board, the competent authority shall
make a decision to validate the test or examination result and issue the certificate
of competency or qualification (enclosing the list of candidates issued with
certificates or qualifications) to candidates who have successfully passed
these tests or examinations in accordance with regulations laid down in the
Appendix XI hereof. While issuing the higher-grade certificate of
competency, the immediate lower-grade certificate of competency shall be
destroyed by cutting a corner of such certificate and then return it to store
in the candidate's enrolment applications.
6. While issuing the
certificate of competency or qualification, the competent authority must record
it in the logbook of issued certificates or qualifications. Such logbook shall
be used for a single training course or multiple courses. The logbook recording
the issuance, reissuance and change of the certificate of competency or
qualification shall conform to the regulations laid down in the Appendix XII
hereof.
Article
10. Testing or examination board
1. The testing or
examination board shall be joined by 05 (five) or 07 (seven) members.
2. The testing board
shall be composed of:
a) the Chair who is the
leader of a competent authority as stipulated in Article 7 hereof or the
authorized person;
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c) commissioner who holds
the title as a Secretary. He/she is an official for professional education
coming from a competent authority;
d) the other commissioner
who is an official for a particular sector coming from a competent authority,
the leader of a division, faculty or subject group of the training institution.
3. The examination board
shall be composed of:
a) the Chair of the
examination board who is the leader of the training institution or the leader
of the Department of Transport (for provinces where none of training
institution is located);
b) the Vice Chair of the
examination board who is the leader or head of a division of the training
institution or the leader of the division for a particular sector affiliated to
the Department of Transport (for provinces where none of training institution
is located);
c) the Commissioner who
holds the title as the Secretary. He/she is the leader of the training division
of the training institution or the official in charge of supervising the
professional education coming from the Department of Transport (for provinces
where none of training institution is located);
d) the other Commissioner
who is the leader of a division, faculty or subject group of the training
institution or the official in charge of a particular sector coming from the
Department of Transport (for provinces where none of training institution is
located).
Article
11. Responsibility and power of the testing or examination board
1. Arrange tests or
examinations.
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3. Approve the list of learners
eligible for participation in the test or examination.
4. Convene 02 (two)
meetings or unscheduled meetings and allow the meeting to take place only if
the Chair or Vice Chair of the testing or examination board is present, or at
least two-thirds of membership attend. In the testing or examination board’s
meeting sessions, if there is any discrepancy that may arise, the decision of
the board shall be by majority vote of the board members. Other cases shall be
decided by the Chair.
5. Select test or
examination questions and keep these questions confidential in terms of each
grade of the certificate of competency or qualification.
6. Aggregate all
test or examination results and notify the competent authority of:
a) List of the test or
examination results of candidates;
b) Test or examination
pass list;
c) Meeting minutes of the
board's meetings;
d) Other relevant
documents.
Article
12. Test or examination proctoring or scoring committee
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2. Tasks of the test or
examination proctoring or scoring committee:
a) Carry out the
proctoring or scoring of tests or examinations in conformity with legal
regulations;
b) Request the test or
examination board to make a prompt correction of errors that may occur in test
or examination questions;
c) Arrange a minimum of
02 (two) members of the committee for each subject test;
d) Collect test or
examination results and hand over these results to the Secretary of the
committee.
Article
13. Subject test; testing or examination form; duration
1. The testing or
examination board shall refer to the question bank promulgated by the Vietnam
Inland Waterway Administration to select theoretical or practical test or
examination questions.
2. As for general
theoretical subject tests:
a) Testing form:
multiple-choice questions;
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c) Results: satisfactory
or unsatisfactory;
d) Each test package
shall include 30 (thirty) questions. Those who choose at least 25 correct
answers shall achieve the satisfactory result.
3. As for specialized
theoretical subject tests:
a) Testing form: Oral
interview;
b) Testing duration: 45 minutes
at maximum. Test preparation time must be restricted to 30 minutes and oral
interview time must be restricted to 15 minutes;
c) Results: satisfactory
or unsatisfactory.
4. As for practical
subject tests:
a) Testing contents shall
include basic professional skills and problem-solving skills which are aimed at
testing how candidates cope with common actual situations;
b) The test that a
candidate takes to obtain the certificate of competency of master grade 1 lasts
up to 120 minutes;
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d) The test that a
candidate takes to obtain the certificate of competency of master grade 3 lasts
up to 60 minutes;
dd) The test that a
candidate takes to obtain the certificate of competency of master grade 1 lasts
up to 45 minutes;
e) The examination that a
candidate takes to obtain the certificate of training for deck rating or the
certificate of training in ship operation or the certificate of specialized
training lasts up to 30 minutes;
g) Practical subject
tests are not required in the test or examination for the certificate of
competency of chief engineer grade 1, grade 2 or grade 3 or the certificate of
training for engine rating;
h) The result is considered
satisfactory or unsatisfactory;
i) Testing form shall be
decided by the testing or examination board.
5. Language used for
learning, taking tests or examinations shall be Vietnamese.
6. Testing and
examination rules shall conform to the regulations laid down in the Law on
Vocational Training.
Chapter
IV
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Article
14. Test or examination result validation and issuance of the certificate of
competency or qualification
1. The competent
authority stipulated in Article 7 hereof shall:
a) grant a decision to
validate the test result to candidates who achieve the satisfactory result of
theoretical and practical test;
b) Issue the certificate
of competency or qualification to candidates who have obtained the accepted
test result within 10 working days from the date on which the decision on test
result validation is made;
c) Directly confer or
authorize the training institution where candidates apply for study and test to
confer the certificate of competency or qualification on those who achieve
satisfactory test results.
2. Failed candidates
shall be allowed to retain the satisfactory result and shall be eligible to
participate in any test held by that training institution within a period of 12
months.
Article
15. Considering issuing the certificate of competency or qualification
1. Requirements for
issuance of certificate of basic safety training:
Applicants must hold the
certificate of competency or certificate of training and be specified in the
logbook recording the issuance of certificates kept by the competent authority
specified in Article 7 hereof.
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a) Applicants must hold
at least a certificate of primary vocational training in navigation or marine
engineering;
b) Applicants must
complete the apprenticeship of at least 6 months over which they have held a
title as a deck rating.
3. Eligibility requirements
for participation in tests to obtain the certificate of competency of master
grade 3 or chief engineer grade 3:
a) Applicants must hold a
certificate of primary vocational training for masters grade 3 or chief
engineer grade 3 or at least a Level 4 of VQF Diploma in navigation or marine
engineering;
b) Applicants must
complete the apprenticeship of at least 6 months over which they have held a
title as a master grade 3 or chief engineer grade 3.
4. Eligibility
requirements for participation in tests to obtain the certificate of competency
of master grade 2 or chief engineer grade 2:
a) Applicants must hold
at least a Level 5 of VQF Advanced Diploma in navigation or marine engineering;
b) Applicants must
complete the apprenticeship of at least 6 months over which they have held a
title as a master grade 2 or chief engineer grade 2.
Article
16. Reissuance of the certificate of competency or qualification
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2. Master or chief
engineer license:
a) Those who hold the
master or chief engineer license of which the 12-month valid term expires from
December 31, 2019, and are specified in the logbook recording the issuance of
such license kept by the issuer must retake the theoretical test to be eligible
to be reissued with the new certificate of competency;
b) Those who hold the
master or chief engineer license of which the valid term varying from over 12
months to below 24 months expires from December 31, 2019, and are specified in
the logbook recording the issuance of such license kept by the issuer must
resit both theoretical and practical test to be eligible to be reissued with
the new certificate of competency;
c) Those who hold the
master or chief engineer license of which the valid term of 24 months or more expires
from December 31, 2019, and are specified in the logbook recording the issuance
of such license kept by the issuer must attend the training course or
participate in the test to obtain the certificate of competency equivalent to
each type or grade of the issued license.
3. The certificate of
competency:
a) Within a permitted
period of less than 03 months after the expiry date of this certificate, those
who are specified in the logbook recording the issuance of this certificate of
competency shall be reissued with the new certificate of competency;
b) Within a permitted
period from 03 months to 06 months after the expiry date of this certificate,
those who are specified in the logbook recording the issuance of this
certificate of competency must resit the theoretical test to be eligible to be
reissued with the new certificate of competency;
c) Within a permitted
period from 06 months to below 12 months after the expiry date of this
certificate, those who are specified in the logbook recording the issuance of
this certificate of competency must resit both theoretical and practical test
to be eligible to be reissued with the new certificate of competency;
d) Within a permitted
period of 12 months or more after the expiry date of this certificate, those
who are specified in the logbook recording the issuance of the certificate of
competency must attend the training course and take the test to obtain the
certificate of competency equivalent to each category or grade of the issued
certificate of competency.
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5. Those who hold the
certificate of competency which expires but are lost, and are specified in the
logbook recording the issuance of this certificate, and are not subjected to
the competent authority’s measures to withhold or handle this certificate, must
attend the training course and take the test to obtain the certificate of
competency equivalent to each category or grade of the issued one.
6. The qualification:
a) Those who hold the
certificate of training for deck rating grade 1, the certificate of training
for deck rating grade 2 or the certificate of training for deck rating after
graduating from the limited training program shall be reissued with the
certificate of training for deck rating;
b) Those who hold the
certificate of training for engine rating grade 1, the certificate of training
for engine rating grade 2 or the certificate of training for engine rating
after graduating from the limited training program or the equivalent shall be
reissued with the certificate of training for engine rating;
c) Those who hold the
certificate of training in ship operation, the certificate of training in ship
operation grade 1, the certificate of training in ship operation grade 2 or the
certificate of training in ship operation after graduating from the limited
training program or the equivalent shall be reissued with the certificate of
training in ship operation.
d) Those who hold the certificate
of training in high-speed class-I or class-II ship operation or the equivalent
shall be re-issued with the certificate of training in high-speed ship
operation.
7. The lost certificate
of competency or qualification shall be replaced and take the lost certificate
number while the certificate issuer must notify relevant agencies of the
invalidation of the old one.
8. Those who hold the
certificate of competency of master grade 4 or higher, are above the legal
working age and physically fit shall be issued with the certificate of training
in ship operation without involvement in transport business.
Article
17. Change of the certificate of competency or qualification
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2. As for the
master/chief engineer certificate or qualification for working aboard fishing
vessels:
a) Those who hold the master/chief
engineer qualification/certificate for working aboard the fishing vessel grade
I and have been holding the title as a master or chief engineer working aboard
the fishing vessel grade I for at least 18 months are eligible to have this
qualification/certificate changed to the certificate of competency of master or
chief engineer grade 2 for working aboard the inland waterway ship but are
required to take tests in subjects equivalent to those that a master or chief
engineer grade 2 must take, and satisfy the statutory requirements;
b) Those who hold the
master/chief engineer qualification/certificate for working aboard the fishing
vessel grade II and have been holding the title as a master or chief engineer
working aboard the fishing vessel grade II for at least 18 months are eligible
to have this qualification/certificate changed to the certificate of competency
of master or chief engineer grade 3 for working aboard the inland waterway ship
but are required to complete the refresher training program equivalent to the
refresher training program that a master or chief engineer grade 3 must
complete, take tests in subjects equivalent to those that a master or chief
engineer grade 2 must take, and satisfy the statutory requirements;
c) Those who hold the
master/chief engineer qualification/certificate for working aboard the fishing
vessel grade III and have been holding the title as a master working aboard the
fishing vessel grade III for at least 18 months are eligible to have this
qualification/certificate changed to the certificate of competency of master
grade 4 for working aboard the inland waterway ship but are required to
complete the refresher training program equivalent to the refresher training
program equivalent that a master or chief engineer grade 4 must complete, take
tests in subjects equivalent to those that a master grade 4 must take, and
satisfy the statutory requirements;
d) Those who hold chief
engineer qualification/certificate for working aboard the fishing vessel grade
III and have been holding the title as a chief engineer working aboard the
fishing vessel grade III for at least 18 months are eligible to have this
qualification/certificate changed to the certificate of competency of chief
engineer grade 3 for working aboard the inland waterway ship but are required
to complete the refresher training program equivalent to the refresher training
program that a chief engineer grade 3 must complete, take tests in subjects
equivalent to those that a chief engineer grade 3 must take, and satisfy the
statutory requirements;
dd) Those who hold the
certificate of training for a deck rating or engine rating working aboard the
fishing vessel are eligible to have this certificate changed to the certificate
of training for deck rating or engine rating for working aboard the inland
waterway ship but are required to complete the refresher training program
equivalent to the refresher training program that a deck rating or engine
rating must complete, take tests in subjects equivalent to those that a deck
rating or engine rating must take and satisfy the statutory requirements;
e) Those who hold the
certificate of competency of master working aboard the fishing vessel grade III
or higher, are above the legal working age and physically fit shall have this
certificate changed to the certificate of training in ship operation without
involvement in transport business but are required to complete the training
program equivalent to the training program that a master must complete, take
tests in subjects equivalent to those that a master must take and satisfy the
statutory requirements.
3. As for the certificate
of competency of master or chief engineer and qualification for work aboard
seagoing vessels:
a) Candidates who hold at
least a level 5 of VQF Advanced Diploma in navigation or marine engineering,
and the certificate of competency of master working aboard the seagoing vessel
with the capacity of 500 GT or more or chief engineer working aboard the
seagoing vessel with the capacity of 750 kW or more, and have been holding the
title as a master or chief engineer working aboard the seagoing vessel for at
least 06 months shall have this diploma or certificate changed to the
certificate of competency of master or chief engineer grade 1 working aboard
the inland waterway ship (before holding the title as a master grade I, it is
required to complete the at least 01-month apprenticeship as a master grade I
working aboard the ship with a DWT of more than 1,000).
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c) Those who hold the
certificate of competency of master working aboard the seagoing vessel with the
capacity of less than 50 GT, and have been holding the title as a master
working aboard the corresponding seagoing vessel for at least 06 months shall
have this certificate changed to the certificate of competency of master or
chief engineer grade 3 or grade 4 working aboard the inland waterway ship;
d) Those who hold the
certificate of competency of chief engineer working aboard the seagoing vessel
with the capacity of less than 75 kW, and have been holding the title as a
chief engineer working aboard the corresponding seagoing vessel for at least 06
months shall have this certificate changed to the certificate of competency of
chief engineer grade 3 working aboard the inland waterway ship;
dd) Those who hold the
certificate of training for deck rating or engine rating working aboard the
fishing vessel are eligible to have this certificate changed to the certificate
of training for deck rating or engine rating for working aboard the inland
waterway ship;
e) Those who hold the
certificate of competency of master working aboard the fishing vessel with the capacity
of at least 50 GT, are above the legal working age and physically fit shall be
issued with the certificate of training in ship operation without involvement
in transport business.
g) Those who hold the
certificate of competency of master working aboard the fishing vessel and have
this certificate changed to the certificate of competency of master grade 1,
grade 2 or grade 3 working aboard the inland waterway ship as prescribed in
Points a, b and c of this Clause shall be issued with the certificate of
specialized training in occupational safety and health aboard near-coastal
ships or the certificate of specialized training in near-coastal ship
operation;
h) Those who hold the
certificate of competency of chief engineer working aboard the fishing vessel
and have this certificate changed to the certificate of competency of chief
engineer grade 1, grade 2 or grade 3 working aboard the inland waterway ship as
prescribed in Points a, b and d of this Clause shall be issued with the
certificate of specialized training in occupational safety and health aboard
near-coastal ships.
Chapter
V
APPLICATIONS
AND PROCEDURES FOR ATTENDING TRAINING COURSES, PARTICIPATING IN TESTS OR
EXAMINATIONS TO OBTAIN, ISSUING, RE-ISSUING AND CHANGING CERTIFICATE OF
COMPETENCY AND QUALIFICATION
Article
18. Application and procedure for attending training courses or participating
in tests or examinations to obtain certificate of competency or qualification
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a) An application form,
which is provided in the Appendix XIV hereof;
b) 02 (two) 2x3 cm color
photos, which are taken on a white background within the last 06 months;
c) A health certificate
issued by the competent health facility;
d) A copy submitted
together with its original for the verification purpose (if submitted in
person) or authenticated copy (if submitted by post or in any other proper
form) of the master/chief engineer license or qualification or notarized
Vietnamese translation (of the master/chief engineer license or qualification
issued by foreign competent authorities), which serves as the evidence of
eligibility to participate in appropriate tests or examinations to obtain the
right certificate of competency or qualification as prescribed in Articles 5
and 6 hereof.
2. Procedure:
The training institution
or the Department of Transport (for provinces where none of training
institutions is located) shall receive and check the application and have it processed
as follows:
a) If the application is
submitted in person and satisfactory, they shall issue the appointment note to
the applicant to allow him/her to attend the training course or take the test
or examination to obtain the certificate of competency or qualification; if the
application is not satisfactory, immediately return it and instruct the
applicant to complete his/her application;
b) If the application is
submitted by post or in any other proper form, and such application is not
satisfactory, within 02 working days from the receipt of such application, the
training institution or the Department of Transport (for provinces where none
of training institution is located) shall request the applicant in writing to
complete his/her application;
c) Within 03 working days
from the receipt of the satisfactory application, the training institution or
the Department of Transport (for provinces where none of training institution
is located) shall issue the appointment note to the applicant to allow him/her
to attend the training course, take the test or examination to obtain the
certificate of competency or qualification;
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dd) The candidate who
participates in the test or examination, receive the certificate of competency
or qualification or person who is authorized to receive such certificate or
qualification must present his/her identification card or passport.
Article
19. Application and procedure for issuance, reissuance and change of the
certificate of competency and qualification
1. Any individual who
wishes to apply for issuance, re-issuance or change of attend the certificate
of competency or qualification shall submit 01 application, in person or by
post or in any other proper form, to the Vietnam Inland Waterway Administration
or the Department of Transport or training institution as prescribed in Article
7 hereof. The application includes:
a) An application form,
which is provided in the Appendix XIV hereof;
b) 02 (two) 2x3 cm color
photos, which are taken on a white background within the last 06 months;
c) A health certificate
issued by the competent health facility;
d) A copy submitted
together with its original for the verification purpose (if submitted in
person) or authenticated copy (if submitted by post or in any other proper
form) of the master/chief engineer license or qualification or notarized
Vietnamese translation (of the master/chief engineer license or qualification
issued by foreign competent authorities), which serves as the evidence of
eligibility to be issued with the right certificate of competency or
qualification as prescribed in Articles 15, 16 and 17 hereof.
2. Procedure:
The Vietnam Inland
Waterway Administration or Department of Transport or training institution
shall receive and check the application and have it processed as follows:
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b) If the application is
submitted by post or in any other proper form, and such application is not
satisfactory, within 02 working days from the receipt of such application, the
Vietnam Inland Waterway Administration or the Department of Transport or
training institution shall request the applicant in writing to complete his/her
application;
c) Within 05 working days
from the receipt of the satisfactory application, the Vietnam Inland Waterway
Administration or the Department of Transport or training institution shall
consider issuing, re-issuing or changing the certificate of competency or
qualification as prescribed in this Circular.
Article
20. Retention of documentation submitted to apply for study, test, examination,
issuance, reissuance and change of the certificate of competency or
qualification
1. The competent
authority stipulated in Article 7 hereof shall assume responsibility to retain
the following documents:
a) List of students
eligible to enroll in the training course (the Report No. 1); student's study
result (the Report No. 2); list of test or examination results (the Report No.
3);
b) Decision to establish
the test or examination board; Decision to establish the test or examination
proctoring and scoring committee along with relevant documents about that
board; Decision to validate test or examination results and issue the
certificate of competency or qualification along with the list of candidates
eligible to be issued with the certificate of competency or qualification;
c) Meeting minutes of the
board's meetings;
d) Logbook recording the
issuance, reissuance and change of the certificate of competency or qualification.
2. The training
institution, in addition to documents stipulated in Clause 1 of this Article,
must retain the following documents:
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b) Candidate’s test
results;
c) Records or documents
about teaching and learning activities.
3. Candidates
participating in tests must retain the following documents:
a) Application for
participation in the training course, test or examination, issuance,
re-issuance or change of the certificate of competency or qualification;
b) Old master or chief
engineer license, certificate of competency or qualification of which a corner
has been cut (if any).
4. Retention period:
a) Logbook recording the
issuance, reissuance and change of the certificate of competency or
qualification shall be retained for an unlimited period;
b) Tests and remaining
documents shall be retained for at least 02 years;
c) Invalid documents
shall be destroyed in accordance with applicable regulations.
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TRAINING IN
TEST OR EXAMINATION PROCTORING AND SCORING SKILLS; TRAINING AND TESTING
CONTENTS; ACTIONS AGAINST VIOLATIONS COMMITTED DURING TEST OR EXAMINATION
PROCTORING AND SCORING
Article
21. Disciplines, categories and grades applied to test or examination
proctoring or scoring
1. Disciplines:
a) Ship operation,
denoted by T: it is eligible to carry out ship operation test or examination
proctoring or scoring;
a) Ship engineering,
denoted by M: it is eligible to carry out ship engineering test or examination
proctoring or scoring;
2. Categories:
a) General theory,
denoted by LTTH: it is eligible to carry out general theoretical test or
examination proctoring or scoring;
b) Specialized theory,
denoted by LTCM: it is eligible to carry out specialized theoretical and
general theoretical subject test or examination proctoring or scoring;
c) Practice, denoted by
TH: it is eligible to carry out practical test or examination proctoring or
scoring;
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3. Grades:
a) Grade 1, denoted by 1:
it is eligible to carry out proctoring or scoring of the test or examination
for the certificate of competency of master or chief engineer up to grade 1;
b) Grade 2, denoted by 2:
it is eligible to carry out proctoring or scoring of the test or examination
for the certificate of competency of master or chief engineer up to grade 3.
Article
22. Standards for participation in a training course to be eligible for test or
examination proctoring or scoring
1. The person who carries
out general theoretical test or examination proctoring or scoring must obtain
at least a Level 4 of VQF Diploma.
2. The person who carries
out specialized theoretical test or examination proctoring or scoring must obtain
at least a Level 4 of VQF Diploma in navigation or marine engineering and have
participated in teaching activities or worked in the inland waterway field for
at least 12 months.
3. The person who carries
out specialized practical test or examination proctoring or scoring must hold
the high-school diploma or the equivalent or higher, the certificate of
competency of which the grade is higher than the grade of the certificate of
competency that the candidate is applying for participation in the training
course to carry out test proctoring or scoring or taking a test to obtain; if
he/she participates in a training course to be eligible to carry out proctoring
or scoring of the practical test or examination for the certificate of
competency of master grade 1, he/she must hold the certificate of competency of
master grade 1 and have been holding the master grade 1 title for at least 24
months.
Article
23. Joining training course to be eligible for test or examination proctoring
or scoring
1. The person who carries
out test or examination proctoring or scoring must join a training course
equivalent to each discipline, category and grade in accordance with
regulations of this Circular.
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3. List of applicants for
training courses shall be made using the form in the Appendix SV hereof.
Article
24. Publishing of list of persons passing the training course to be eligible
for test or examination proctoring or scoring
1. Persons who pass the
training course on test or examination proctoring or scoring skills shall be
published on the web portal of the Vietnam Inland Waterway Administration.
2. Persons in charge of
test or examination proctoring and scoring shall only carry out test or
examination proctoring or scoring according to the discipline, category and
grade specified in the training course they joined.
Article
25. Actions against violations committed by members of the test or examination
proctoring or scoring committee
1. A member must not
carry out test or examination proctoring or scoring within 03 months if one of
the following violations is committed:
a) Showing improper attitude
or behavior when engaging in the test or examination proctoring or scoring;
b) Failure to inspect the
compliance with test or examination rules; list of candidates; testing or
examination room safety conditions; conditions for safety of vehicles and
equipment serving the test or examination;
c) Failure to notify the
head of the test or examination proctoring or scoring committee when
regulations on testing or examination room safety conditions; conditions for
safety of vehicles and equipment serving the test or examination are not
complied with;
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dd) Dealing with personal
matters, drinking wine or beer or using other banned stimulants during the test
or examination proctoring or scoring;
e) Performing duties
ultra vires;
g) Failure to carefully
check the test or examination questions, thereby resulting in errors when
handing over the test or examination questions to the secretary of the test or
examination proctoring or scoring committee.
2. A member must not
carry out test or examination proctoring or scoring within 06 months if one of
the following violations is committed:
a) Failure to notify the
head of the test or examination proctoring or scoring committee, which will
request the testing or examination board to make a prompt correction of errors
that may occur in test or examination questions;
b) Failure to arrange a
minimum of 02 (two) members of the committee for each subject test;
c) Assisting candidates
in any shape or form;
d) Letting arguments,
fights or incidents occur during the test or examination proctoring or scoring
for subjective reasons;
dd) Failure to collect
test or examination results and hand over these results to the Secretary of the
testing or examination board;
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3. A member must not
carry out test or examination proctoring or scoring within 12 months if one of
the following violations is committed:
a) Failure to correctly
comply with the test or examination contents, procedures and sequence in
accordance with applicable regulations;
b) Inaccurately carrying
out test or examination proctoring, thereby affecting candidates’ test results;
c) Screening violations
and misconduct;
d) Falsifying the test or
examination results;
dd) Facing penalties as
prescribed in Clause 2 of this Article 02 (two) times within 12 months.
4. The performance of test
or examination proctoring or scoring duties shall not be recognized if
penalties are faced 02 (two) times as prescribed in Clause 3 of this Article.
Article
26. The power to take actions against violations committed by members of the
test or examination proctoring or scoring committee
1. The Chair of the test
or examination board shall suspend the test or examination proctoring and
scoring by members of the test or examination proctoring or scoring committee
if they commit the violations in Clauses 1, 2 and 3 article 25 hereof and
request the Vietnam Inland Waterway Administration to take actions after the
test or examination.
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Chapter
VII
IMPLEMENTATION
CLAUSE
Article
27. Reporting regulations
1. On the 20th of every
month, training institutions shall submit a report to Departments of Transport
on the results of training for seafarers and operators of inland waterway
ships, and the issuance, re-issuance and change of the certificate of
competency in accordance with regulations set forth in the Appendix XVI hereof
and update information about seafarers and operators of inland waterway ships
within their jurisdiction to the database.
2. On the 25th of every month,
Departments of Transport and training institutions shall submit a report to the
Vietnam Inland Waterway Administration on the results of training for seafarers
and operators of inland waterway ships, and the issuance, re-issuance and
change of the certificate of competency and qualifications in accordance with
regulations set forth in the Appendix XVI hereof and update information about
seafarers and operators of inland waterway ships within their jurisdiction to
the database.
Article
28. Transitional clauses
1. The test or
examination proctoring card issued before the effective date of this Circular
shall remain effective until its expiry. If the test or examination proctoring
card is unexpired and the cardholder wishes to keep carrying out test or examination
proctoring or scoring , he/she must join a training course equivalent to each
discipline, category and grade in accordance with regulations of this Circular.
2. The training courses
organized before the effective date of this Circular shall continue to be run
as prescribed in the Circular No. 56/2014/TT-BGTVT dated October 24, 2014 and
Circular No. 02/2017/TT-BGTVT dated January 20, 2017 of the Ministry of
Transport.
Article
29. Implementation
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a) organize the
implementation of this Circular;
b) inspect the provision
of training for seafarers and operators of inland waterway ships nationwide;
c) print, publish and
manage the consistent use of specimens of the certificate of competency and
qualifications nationwide;
d) develop training
contents and organize courses on training in test or examination proctoring and
scoring skills;
dd) create test or
examination question banks and answer keys according to the seafarer and inland
waterway ship operator training contents and program; design specimen of test
or exam paper;
e) post the list of
persons who pass the training course on examination proctoring or scoring
skills equivalent to each discipline, category and grade on the web portal of
the Vietnam Domestic Waterway General Department;
g) take charge and
cooperate with relevant authorities and units in establishing and using
database serving management of training for seafarers and operators of inland
waterway ships.
2. Departments of
Transport shall:
a) organize the
implementation of this Circular;
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c) facilitate inspections
by and comply with professional guidance of the Vietnam Inland Waterway
Administration;
3. Training institutions
shall:
a) organize the
implementation of this Circular;
b) facilitate inspections
and supervisions by and comply with professional guidance of the Vietnam Inland
Waterway Administration, Departments of Transport and other competent
regulatory authorities.
Article
30. Effect
This Circular comes into
force from January 01, 2020 and supersedes the Circular No. 56/2014/TT-BGTVT
dated October 24, 2014 and Circular No. 02/2017/TT-BGTVT dated January 20, 2017
of the Ministry of Transport.
Article
31. Responsibility for implementation
The Chief of the
Ministry’s Office, the Chief Inspector of the Ministry, Directors, Director
General of the Vietnam Inland Waterway Administration and head of agencies and
organizations or individuals concerned are responsible for the implementation
of this Circular./.
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PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Nhat