Circular No. 56 /2014/TT-BGTVT certificate of professional competency of inland watercraft crewmembers

• Official number: 56/2014/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Dinh La Thang
• Issued Date: 24/10/2014

THE MINISTRY OF TRANSPORT --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 56 /2014/TT-BGTVT	Hanoi, October 24, 2014

CIRCULAR

STIPULATING TEST, EXAMINATION, ISSUANCE, REISSUANCE AND CHANGE OF CERTIFICATE OF PROFESSIONAL COMPETENCY, CREDENTIAL OF INLAND WATERCRAFT CREWMEMBERS OR OPERATORS AND THOSE TAKING UP THE POST AS INLAND WATERCRAFT CREWMEMBERS

Pursuant to the Law on Inland Waterway Transportation dated June 15, 2004 and the Law on Amendment to several articles of the Law on Inland Waterway Transportation dated June 17, 2014;

Pursuant to the Law on Vocational Training dated November 29, 2006;

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Organization and Staff Department and the Director of the Inland Waterway Administration of Vietnam,

The Minister of Transport hereby promulgates the Circular stipulating test, examination, issuance, reissuance and change of Certificate of Professional Competency, Credential of inland watercraft crewmembers or operators and those holding the post as inland watercraft crewmembers.

Chapter I

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Article 1. Scope of application

This Circular shall stipulate test, examination, issuance, reissuance and change of Certificate of Professional Competency, Credential of inland watercraft crewmembers or operators and those taking up the post as inland watercraft crewmembers.

Article 2. Applicable entities

1. This Circular shall apply to agencies, organizations or individuals involved in test, examination, issuance, reissuance and change of Certificate of Professional Competency, Credential of inland watercraft crewmembers or operators and those taking up the post as inland watercraft crewmembers.

2. This Circular shall not apply to agencies, organizations or individuals involved in test, examination, issuance, reissuance and change of Certificate of Professional Competency, Credential of inland watercraft crewmembers or operators who perform public security and national defence tasks.

Article 3. Interpretation of terms

Terms used herein shall be construed as follows:

1. Onboard service time refers to the length of time over which a crewmember has held a post aboard an inland watercraft.

2. Apprenticeship refers to the period of time over which a person serves as an apprentice to hold a post for which (s)he is trained aboard an inland watercraft under the instructions of those who obtain proper professional and technical qualifications.

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4. Certificate of basic safety training refers to the certificate of eligibility of a person to deal with issues relating to the occupational and vessel-related safety, fire safety, victim first aid and environmental protection.

5. Professional credential refers to the certificate of eligibility of a person to hold a title as a mariner, engineer or operator aboard an inland watercraft.

6. Special Professional Certificate refers to the certificate of eligibility of a person to safely work aboard near-coastal vessels, petroleum or chemical tankers, or liquefied natural gas carriers; to operate the high-speed class-I, class-II craft or near-coastal vessels.

7. High-speed class-I craft refers to a kind of watercraft which is stipulated in Clause 1 Article 24 of the Law on Inland Waterway Transportation adopted in 2004 and amended and supplemented by Clause 7 Article 1 of the Law on Amendments to several articles of that Law on Inland Waterway Transportation, and runs at the design speed of 30 km/h or more.

8. High-speed class-II craft refers to a kind of watercraft which is stipulated in Clause 2 and 3 Article 24 of the Law on Inland Waterway Transportation adopted in 2004 and amended and supplemented by Clause 7 Article 1 of the Law on Amendments to several articles of that Law on Inland Waterway Transportation, and runs at the design speed of 30 km/h or more.

9. Near-coastal vessel refers to a kind of inland watercraft defined in the National technical regulation on river-sea compatible vessels (VR-SB).

Chapter II

CERTIFICATE OF PROFESSIONAL COMPETENCY, CREDENTIAL, AND ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN TESTS TO OBTAIN THE CERTIFICATE OF PROFESSIONAL COMPETENCY, OR EXAMINATIONS TO OBTAIN THE PROFESSIONAL CREDENTIAL

Article 4. Certificate of Professional Competency, Credential

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2. Certificate of Professional Competency of Chief Engineer shall be divided into 3 grades: Grade 1 (M1), Grade 2 (M2) and Grade 3 (M3).

3. Certificate of Basic Safety Training.

4. Professional Credential:

a) Mariner Grade 1 (TT1) Credential, Mariner Grade 2 (TT2) Credential;

b) Grade 1 Engineer (TM1) Credential, Grade 2 Engineer (TM2) Credential;

c) Grade 1 Watercraft Operator (LPT1) Credential, Grade 2 Watercraft Operator (LPT2) Credential.

5. Special Professional Certificate:

a) Certificate of high-speed class-I craft operation (ĐKTĐCI);

b) Certificate of high-speed class-II craft operation (ĐKTĐCII);

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d) Certificate of occupational safety and health aboard near-coastal vessels (ATVB);

dd) Certificate of occupational safety and health aboard petroleum tankers (ATXD);

e) Certificate of occupational safety and health aboard chemical tankers (ATVB);

g) Certificate of occupational safety and health aboard liquefied natural carriers (ATXD);

6. Certificate of Professional Competency, Credential shall be granted to inland watercraft crewmembers or operators according to the form enclosed in the Appendix I hereof.

Article 5. General eligibility requirements for participation in tests or examinations to obtain the Certificate of Professional Competency, Credential

1. Candidates must be Vietnamese citizens or foreigners if they are permitted to legally settle or work in Vietnam.

2. Candidates must complete the training program, or professional refresher and development course depending on specific category or grade of the Certificate of Professional Competency, Credential (except for specific cases stipulated in Clause 9, 11 or Clause 13 Article 6 hereof).

3. Candidates must be old enough or accumulate sufficient apprenticeship by the date on which the decision on establishment of the testing or examination board for specific categories or grades of the Certificate of Professional Competency, Credential stipulated in Article 6 hereof is granted.

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Article 6. Specific eligibility requirements for participation in tests or examinations to obtain the Certificate of Professional Competency, Credential

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 Mariner Grade 1, Grade 2 Credential; Engineer Grade 1, Grade 2 Credential: Candidates must be 16 years old or older.

2. Eligibility requirements for participation in examinations to obtain Watercraft Operator Grade 1, Grade 2 Credential: Candidates must be 18 years old or older.

3. Eligibility requirements for participation in examinations to obtain the certificate of occupational safety and health aboard near-coastal vessels, petroleum, chemical tankers or liquefied natural gas carriers:

a) Candidates must be 18 years old or older;

b) Candidates must hold the Mariner, Engineer or Watercraft Operator Grade 1 Credential.

4. Eligibility requirements for participation in examinations to obtain the High-speed Class-I Craft Operator Credential; Near-coastal Vessel Operator Credential:

a) Candidates must hold the Certificate of Professional Competency of Captain Grade 3 or more;

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5. Eligibility requirements for participation in examinations to obtain the High-speed Class-II Craft Operator Credential: Candidates must hold the Mariner Credential or Class-I Craft Operator Credential.

6. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Captain Grade 4:

a) Candidates must hold Mariner or Watercraft Operator Grade 1 or Grade 2 Credential;

b) The onboard service time must be 18 months in full or more. As for those accumulating the real time of 30 months in full or more over which candidates have been working onboard as a Mariner or Watercraft Operator Grade 1 or Grade 2, this real time shall be equivalently converted into the onboard service time in order for them to be eligible to participate in tests to obtain the Certificate of Professional Competency of Captain Grade 4.

7. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Captain Grade 3:

a) Candidates must hold Mariner or Watercraft Operator Grade 1 or Grade 2 Credential, or the Certificate of Professional Competency of Captain Grade 4;

b) The onboard service time must be 18 months in full or more. As for those accumulating the real time of 30 months in full or more over which candidates have been working onboard as a Mariner or Watercraft Operator Grade 1, this real time shall be equivalently converted into the onboard service time in order for them to be eligible to take the test to obtain the Certificate of Professional Competency of Captain Grade 3.

8. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Chief Engineer Grade 3:

a) Candidates must hold Engineer Grade 1 or Grade 2 Credential;

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9. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Captain Grade 3 or Chief Engineer Grade 3, and permission to be exempt from attending an equivalent training course:

a) Candidates must hold the elementary-level professional certificate in which candidates are trained as watercraft operators, mariners or engineers;

b) The onboard service time must be 06 months in full or more.

10. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Captain Grade 2 or Chief Engineer Grade 2: Candidates must hold the Certificate of Professional Competency of Captain Grade 3 or Chief Engineer Grade 3; accumulate the onboard service time equal to 18 months in full or more, or hold the elementary-level certificate for Captain Grade 3 and accumulate the apprenticeship equal to 12 months in full or more.

11. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Captain Grade 2 or Chief Engineer Grade 2 and permission to be exempt from attending an equivalent training course:

a) Candidates must hold the vocational associate degree or equivalent degree in the vessel operation or engine driving profession;

b) The onboard service time over which the title of Captain Grade 3 or Chief Engineer Grade 3 has been held must be 12 months in full or more.

12. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Captain Grade 1 or Chief Engineer Grade 1:

a) Candidates must hold the high-school diploma or equivalents;

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c) The onboard service time over which the title of Captain Grade 2 has been held shall 30 months in full or more.

13. Eligibility requirements for participation in tests to obtain the Certificate of Professional Competency of Captain Grade 1 or Chief Engineer Grade 1 and permission to be exempt from attending an equivalent training course:

a) Candidates must hold the college or equivalent degree in the watercraft operation or engine driving profession;

b) The onboard service time over which the title of Captain Grade 2 or Chief Engineer Grade 2 has been held must be 18 months in full or more.

Chapter III

ARRANGEMENT FOR TESTS TO OBTAIN THE CERTIFICATE OF PROFESSIONAL COMPETENCY, OR EXAMINATIONS TO OBTAIN THE PROFESSIONAL CREDENTIAL

Article 7. Authority to arrange tests, examinations to obtain, issue, reissue and change the Certificate of Professional Competency, Credential

1. The Director of the Inland Waterway Transportation Department:

a) Arrange tests, grant a decision to validate the test result, issue, reissue and change the Certificate of Professional Competency of Captain, Chief Engineer Grade 1 or Grade 2 across the nation and the Certificate of Professional Competency of Captain Grade 4 or more, Chief Engineer Grade 3 or more for professional training establishments affiliated to the Department;

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2. The Director of the Transport Department:

a) Arrange tests, grant a decision to validate the test result, issue, reissue and change the Certificate of Professional Competency of Captain 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 professional credential (applicable to localities where there is none of professional training establishment) and certificate of basic safety training.

3. The Head of the professional training establishment conforming to statutory eligibility requirements:

a) Arrange tests, grant a decision to validate the test result, issue and reissue the professional credential and certificate of basic safety training.

b) Arrange tests that candidates can take to obtain the special professional certificate.

4. Any agency that assumes authority to issue the Certificate of Professional Competency or Credential shall be responsible for reissuing and changing this Certificate or Credential. While issuing and reissuing the Certificate of Professional Competency or Credential, the competent authority must destroy the original captain or chief engineer license, the Certificate of Professional Competency of captain, chief engineer or other certificate or credential by cutting a corner of these documents.

Article 8. Application and procedure for participation in tests or examinations to obtain the Certificate of Professional Competency, Credential

1. Those who wish to attend the training course, take tests or examinations to obtain the Certificate of Professional Competency, Credential must submit 01 (one) set of documents to the professional training establishment or the Department of Transport (applicable to localities where none of professional training facility is located) in person or by post or in any other proper form. Documentation shall include:

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b) 02 (two) color photos size 2x3 cm which is taken not later than 06 months;

c) Health certificate issued by competent healthcare facilities;

d) Duplicate and original of submitted licenses, certificate of professional competency of the verification purpose (if submitted in person) or authenticated copy of submitted degrees, certificate of professional competency, or notarized Vietnamese translation documents (applicable to the captain, chief engineer license, or the Certificate of Professional Competency, Credential of captain or chief engineer, all of which must be accredited by foreign competent authorities) which serve as the evidence of eligibility to participate in appropriate tests or examinations to obtain the right Certificate of Professional Competency or Credential as prescribed in Article 5 and 6 hereof.

2. Procedure:

The professional training establishment or the Department of Transport must receive and check all submitted documents and have them processed as follows:

a) If documentation is submitted in person and all necessary documents have been sufficiently provided, they must give the appointment note to applicants to complete their necessary documents to attend the training course or take tests or examinations to obtain the certificate of professional competency or credential; if submitted documents are not sufficient in accordance with regulations, these must be returned immediately and provide applicants with instructions to get their application further completed;

b) If the application is sent by post or in any other proper form, and such application has not included sufficient required documents, within a maximum period of 02 (two) working days of receipt of such application, the professional training establishment or the Department of Transport must respond in person to these applicants to require them to get their application further supplemented and completed;

c) Within a maximum period of 03 (three) working days of receipt of all required documents, the professional training establishment or the Department of Transport must issue the appointment note to applicants to allow them to attend the training course, take tests or examinations to obtain the certificate of professional competency or credential;

d) The competent authority stipulated in Article 7 hereof shall arrange tests or examinations and issue the certificate of professional competency or credential to candidates who conform to test or examination conditions.

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Article 9. Regulations on organizing a training class

The professional training establishment or the Department of Transport (as for localities where none of professional training establishments is located):

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 (seven) days from the class start, report to the competent authority as stipulated in Article 7 hereof on:

a) List of learners eligible to attend the class (the report No. 1) approved by the head of the professional training establishment in accordance with regulations laid down in the Appendix IV hereof;

b) Plan for the whole training program in accordance with regulations laid down in the Appendix V hereof.

4. Upon completion of a training program, send a report to the competent authority as stipulated in Article 7 hereof on:

a) The study result of learners (the report No. 2) approved by the head of the professional training establishment in accordance with regulations laid down in the Appendix VI hereof;

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5. As for the professional credential, within a period of 10 (ten) days prior to the test for grant of such professional credential, the professional training establishment must send a written report to the Department of Inland Waterway Transportation of Vietnam for their supervision of tests; as for the special professional certificate stipulated at Point b Clause 3 Article 7 hereof, after obtaining the study result of learners, the professional training establishment must send such result to the Department of Inland Waterway Transportation of Vietnam to serve the purpose of requesting this Department to make a decision on validating these test results as well as issue the special professional certificate.

Article 10. ARRANGEMENT FOR TESTS OR EXAMINATIONS TO BE TAKEN TO OBTAIN THE CERTIFICATE OF PROFESSIONAL COMPETENCY, CREDENTIAL

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 VII hereof and direct such tests or examinations in conformity with applicable laws. The Chair of the testing or examination board or authorize 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; can pose questions to test candidates but is not allowed to score in tests or examinations.

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 must equal 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:

a) The first meeting session: setting up the testing and examination schedule as prescribed in the Appendix IX hereof; selecting questions used in tests or examinations from the question bank issued by the Department of Inland Waterway Transportation; assigning tasks and developing approaches to arranging tests or examinations;

b) The second meeting session: checking the test or examination result according to the regulations laid down in the Appendix X hereof; considering proposals, recommendations and solutions to other relevant issues. Additionally, the Chair of the testing or examination board shall have the power to convene the spontaneous meeting in order to solve any difficulty that may arise in the testing or examination process.

4. Upon completion of a test or examination, the testing or examination board shall be responsible for reporting to the competent authority as stipulated in Article 7 hereof on:

a) List of the test or examination results (the report No. 3) according to the regulations laid down in the Appendix XI hereof;

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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 Professional Competency or Credential (enclosing the list of candidates issued with certificates or credentials) to candidates who have successfully passed these tests or examinations in accordance with regulations laid down in the Appendix XIV hereof. While issuing the higher-grade Certificate of Professional Competency, the immediate lower-grade Certificate of Professional Competency or Credential shall be destroyed by cutting a corner of such certificate or credential and then return it to store in the candidate's enrolment applications.

6. While issuing the Certificate of Professional Competency or Credential, the competent authority must record it in the logbook of issued certificates or credentials. 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 Professional Competency or Credential shall conform to the regulations laid down in the Appendix XV hereof.

Article 11. Testing board

1. The testing board shall be joined by 05 or 07 members.

2. The testing board shall be composed of:

a) The Chair of the testing board must be the leader of a competent authority as stipulated in Article 7 hereof or the authorized person;

b) The Vice Chair of the testing board must be the leader of a competent authority or the leader of the professional training establishment;

c) Commissioner holding the post as a Secretary of the testing board must be an official for professional education coming from a competent authority;

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3. The examination board shall be composed of:

a) The Chair of the examination board must be the leader of the professional training establishment or the leader of the Department of Transport (applicable to localities where none of professional training establishment is located);

b) The Vice Chair of the examination board must be the leader or head of a division of the professional training establishment or the leader of the division for a particular sector affiliated to the Department of Transport (applicable to localities where none of professional training establishment is located);

a) The Commissioner holding the post as the Secretary of the examination board must be the leader of the training division of the professional training establishment or the official in charge of supervising the professional education coming from the Department of Transport (applicable to localities where none of professional training establishment is located);

d) Other Commissioners of the examination board must be the leader of a division, faculty or subject group of the professional training establishment or the official in charge of a particular sector coming from the Department of Transport (applicable to localities where none of professional training establishment is located).

Article 12. Responsibility and power of the testing or examination board

1. Take control of or directly organize tests or examinations.

2. Make a decision to establish the test or examination proctoring or scoring committee according to the regulations laid down in the Appendix VIII hereof.

3. Inspect students eligible for participation in the test or examination.

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5. Selecting test or examination questions and keep these questions confidential in terms of each grade of the Certificate of Professional Competency, Credential.

6. Aggregate all test or examination results and report to the competent authority:

a) List of the test or examination results of candidates;

b) Test or examination pass list;

c) Meeting minutes;

d) Other relevant documents.

Article 13. Test or examination proctoring or scoring committee

1. Depending on the number of candidates participating in the test or examination, it is possible to establish general or separate committee(s) but the committee must be joined by 03 (three) members. The Chief of the test or examination proctoring or scoring committee must be the commissioner of the test or examination board. The members of the Chief of the test or examination proctoring or scoring committee must be summoned from agencies, organizations or professional training establishments or experienced experts.

2. Tasks of the test or examination proctoring or scoring committee:

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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.

3. Eligibility requirements for becoming members of the test or examination proctoring or scoring committee:

a) Have a good character;

b) Members of the committee on proctoring and scoring of theoretical subject test must hold the associate degree or professional college degree or higher in the major similar to that subject test, have participated in teaching activities or worked in the inland waterway transportation sector for a period of 12 months or more;

c) Members of the committee on proctoring and scoring of the practical subject test for captain or chief engineer must be captain or chief engineer and hold the Certificate of Professional Competency of which the grade is higher than the grade of the Certificate of Professional Competency that candidates are taking such test to obtain; as for scoring of tests that candidates take to obtain the certificate of professional competency of Captain Grade 1 or Chief Engineer Grade 1, members of the committee must hold the certificate of professional competency of Captain Grade 1 or Chief Engineer Grade 1 and must accumulate the onboard service time of 36 months or more;

d) All members must be trained for the test or examination proctoring and scoring skills and issued with the test or examination proctoring card by the Director of the Inland Waterway Transportation Department.

4. Eligibility requirements for the members of the test or examination proctoring and scoring committee shall be specified by the head of the professional training establishment or the Department of Transport (applicable to localities where none of professional training establishment is located).

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1. The testing or examination board shall refer to the question bank promulgated by the Department of Inland Waterway Transportation of Vietnam to select theoretical or practical test or examination questions.

2. As for general theoretical subject tests:

a) Testing form: multiple-choice questions;

b) Testing duration: 01 minute/question at maximum;

c) Scoring: satisfactory or unsatisfactory;

d) Captain or Chief Engineer Grade 1: each test package shall include 25 questions. Those who choose 21 correct answers in 25 questions shall achieve the satisfactory result;

dd) Captain or Chief Engineer Grade 2: each test package shall include 20 questions. Those who choose 16 correct answers in 20 questions shall achieve the satisfactory result;

e) Captain or Chief Engineer Grade 3: each test package shall include 15 questions. Those who choose 11 correct answers in 15 questions shall achieve the satisfactory result;

g) Captain Grade 4, professional credential, special professional certificate: each test package shall include 10 questions. Those who choose 07 correct answers in 10 questions shall achieve the satisfactory result.

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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.

4. As for practical subject tests, the testing content shall include basic professional skills and problem-solving skills which are aimed at testing how candidates cope with common actual situations. Testing duration and form shall be decided by the test 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.

Article 15. Test result validation

1. The competent authority stipulated in Article 7 of this Circular shall take the following responsibilities:

a) Grant a decision to validate the test result to candidates who achieve the satisfactory result of general theoretical test and gain 5 or higher scores for the specialized theoretical or practical subject tests (10-score scale);

b) Issue the Certificate of Professional Competency or Credential 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;

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2. Failed candidates shall be allowed to retain the satisfactory result of general theoretical test and 5 or higher scores of specialized or practical tests (10-score scale) within a period of 12 months and shall be eligible to participate in any test held by that professional training establishment.

Article 16. Storage of documentation submitted to apply for study, test, examination, issuance, reissuance and change of the certificate of professional competency or credential

1. The competent authority stipulated in Article 7 hereof shall assume responsibility to store 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 Professional Competency, Credential along with the list of candidates eligible to be issued with the certificate of professional competency or credential;

c) Meeting minutes of the board's meetings;

d) Logbook recording the issuance, reissuance and change of the Certificate of Professional Competency, Credential.

2. The professional training establishment, in addition to documents stipulated in Clause 1 of this Article, must store the following documents:

a) Subject test results;

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c) Records or documents about teaching and learning activities.

3. Candidates participating in tests must store the following documents:

a) Application for participation in the training course, test or examination;

b) Old captain or chief engineer licence, certificate of professional competency or credential of which a corner has been cut (if any).

4. Storage of records on issuance, reissuance and change of the Certificate of Professional Competency, Credential:

a) Competent authorities who issue, reissue and change the certificate of professional competency or credential must store the logbook recording the issuance, reissuance and change of the certificate of professional competency or credential;

b) Each candidate is required to store his/her own issued, reissued or changed certificate of professional competency or credential.

5. The time limit for storage of applications for participation in the training course, test, examination, issuance or reissuance of the certificate of professional competency or credential shall conform to effective regulations.

Chapter IV

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Article 17. ISSUANCE OF THE CERTIFICATE OF PROFESSIONAL COMPETENCY, CREDENTIAL

1. Requirements for issuance of certificate of basic safety training:

a) Applicants must complete either the professional training program or professional improvement course as stipulated herein.

b) Applicants must hold professional licenses or certificates issued before January 1, 2015, and be specified in the logbook recording the issuance of professional licenses or certificates kept by the issuer of such licenses or certificates, or be issued with the certificate of basic safety training at professional training establishments.

2. Requirements for issuance of the certificate of professional competency of Captain Grade 3, Chief Engineer Grade 3:

a) Applicants must hold an elementary-level professional certificate of a captain grade 3 or chief engineer grade 3, or a vocational or professional graduate degree in watercraft operation or engine driving profession;

b) Applicants must complete the apprenticeship of 6 months in full or more over which they have held a post as a captain grade 3, chief engineer grade 3.

3. Requirements for issuance of the certificate of professional competency of Captain Grade 2, Chief Engineer Grade 2:

a) Applicants must hold a vocational graduate degree or equivalent collegiate degrees in the watercraft operation or engine driving profession;

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Article 18. REISSUANCE OF THE CERTIFICATE OF PROFESSIONAL COMPETENCY, CREDENTIAL

1. Those who hold damaged certificate of professional competency or credential and are specified in the logbook recording the issuance of the certificate of professional competency or credential kept by the issuer of this certificate or credential shall be reissued with the certificate or credential of this type.

2. Captain or chief engineer license:

a) Those who hold the captain 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 shall be permitted to retake the theoretical test to be eligible to be reissued with the new certificate of professional competency;

b) Those who hold the captain 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 shall be permitted to resit both theoretical and practical test to be eligible to be reissued with the new certificate of professional competency;

c) Those who hold the captain 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 shall be permitted to attend the training course or participate in the test to obtain the certificate of professional competency equivalent to each type or grade of the issued license;

3. The certificate of professional competency:

a) Within a permitted period of 03 months before the expiry date of this certificate or 03 months after the expiry date of this certificate, those who are specified in the logbook recording the issuance of this certificate of professional competency shall be reissued with the new certificate of professional 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 professional competency shall be allowed to resit the theoretical test to be eligible to be reissued with the new certificate of professional competency;

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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 professional competency shall be permitted to attend the training course and take the test to obtain the certificate of professional competency equivalent to each category or grade of the issued certificate of professional competency.

4. Those who hold the certificate of professional competency still valid but 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, within a period of 30 (thirty) working days of receipt of all required documents, shall be reissued with the new certificate of professional competency.

5. Those who hold the certificate of professional 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, shall be allowed to attend the training course and take the test to obtain the certificate of professional competency equivalent to each category or grade of the issued one.

6. The lost Certificate of Professional Competency, Credential shall be replaced and take the lost certificate number while the certificate issuer must notify relevant agencies of the invalidation of the old one.

7. Those who hold the certificate of professional competency of Captain Grade 4 or higher shall be issued with the watercraft driving license grade 1.

Article 19. Issued captain, chief engineer license, professional certificate

1. Those who hold the captain or chief engineer license issued before January 1, 2015 shall be allowed to continue using it by the end of December 31, 2019, specified in the logbook recording the issuance of this license as well as reissued with the Certificate of Professional Competency, Credential.

2. The issued license of captain, chief engineer or professional certificate shall be reissued as follows:

a) Those who hold the captain, chief engineer grade 1 license shall be reissued with the certificate of professional competency of captain, chief engineer grade 1;

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c) Those who hold the captain, chief engineer grade 3 license shall be reissued with the certificate of professional competency of captain, chief engineer grade 3;

d) Those who hold the limited captain, chief engineer grade 3 license shall be reissued with the certificate of professional competency of captain grade 4;

dd) Those who hold the mariner certificate shall be reissued with the mariner grade 1 credential;

e) Those who hold the mariner certificate after graduating from the limited training program shall be reissued with the mariner grade 2 credential;

g) Those who hold the engineer certificate shall be reissued with the engineer grade 1 credential;

h) Those who hold the engineer certificate after graduating from the limited training program shall be reissued with the engineer grade 2 credential;

i) Those who hold the watercraft driving certificate shall be reissued with the watercraft operator grade 1 credential;

k) Those who hold the watercraft driving certificate after graduating from the limited training program shall be reissued with the watercraft operator grade 2 credential.

Article 20. Change of the Certificate of Professional Competency, Credential

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2. As for the captain, chief engineer certificate, professional certificate for work aboard fishing vessels:

a) Those who hold the captain, chief engineer certificate for work aboard the fishing vessel grade 4 with the capacity of 400 cv or more, have the time of taking up the post as a captain, chief engineer working aboard the fishing vessel grade 4 equal to 06 months in full or more, shall be eligible to have this certificate changed to the certificate of professional competency of captain, chief engineer grade 2 for work aboard inland watercraft but shall be required to take tests in subjects equivalent to those that a captain, chief engineer grade 2 must take, and satisfy the statutory requirements;

b) Those who hold the certificate of captain working aboard the fishing vessel grade 5 with the capacity varying from 90 cv to below 400 cv, accumulate the time of taking up the post as the captain of the fishing vessel grade 5 equal to 06 months in full or more, shall have this certificate changed to the certificate of professional competency of the captain grade 3 working aboard the inland watercraft but shall be required to take tests in subjects equivalent to those that the captain grade 3 must take, and must meet the statutory requirements;

c) Those who hold the certificate of chief engineer working aboard the fishing vessel grade 5 with the capacity varying from 90 cv to below 400 cv, accumulate the time of taking up the post as the captain of the fishing vessel grade 5 equal to 06 months in full or more, shall have this certificate changed to the certificate of professional competency of the captain grade 3 working aboard the inland watercraft;

d) Those who hold the certificate of captain working aboard the small-grade fishing vessel with the capacity varying from 20 cv to below 90 cv, accumulate the time of taking up the post as the captain of the small-grade fishing vessel equal to 06 months in full or more, shall have this certificate changed to the certificate of professional competency of the captain grade 4 working aboard the inland watercraft but shall be required to take tests in subjects equivalent to those that the captain grade 4 must take, and must meet the statutory requirements;

dd) Those who hold the certificate of chief engineering working aboard the small-grade fishing vessel with the capacity varying from 20 cv to below 90 cv, accumulate the time of taking up the post as the chief engineer of the small-grade fishing vessel equal to 06 months in full or more, shall have this certificate changed to the certificate of professional competency of the chief engineer grade 3 working aboard the inland watercraft but shall be required to complete the refresher course designed for the chief engineer grade 3, and must meet the statutory requirements;

e) Those who hold the certificate of a mariner or engineer working aboard the fishing vessel shall be entitled to have this certificate changed to the mariner or engineer grade 1 credential for working aboard inland watercraft but shall be required to take tests in subjects equivalent to those a mariner or assistant engineer is required to take to obtain their credential, and must meet the statutory requirements;

g) Those who hold the certificate of a captain working aboard the small-grade fishing vessel or more and age from 55 years for female and 60 years for male or older, and have evidence of meeting the accepted health standard, shall be allowed to have this certificate changed to the watercraft driving license grade 1 but shall be required to take tests in equivalent subjects required to be taken to obtain such watercraft driving license, and must meet the statutory requirements.

3. As for the certificate of professional competency of captain, chief engineer, professional certificate for work aboard seagoing vessels:

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b) Those who hold the vocational associate graduate degree or associate degree in the seagoing vessel operating or engine driving profession, and the certificate of professional competency of captain working aboard the seagoing vessel with the capacity ranging from 50 GT to below 500 GT or chief engineer working aboard the seagoing vessel with the capacity varying from 75 kW to below 750 kW, and have the time of taking up the post as a captain or chief engineer working aboard the corresponding seagoing vessel equal to 06 months or more, shall have this degree or certificate changed to the certificate of professional competency of captain, chief engineer grade 2 working aboard the inland watercraft but shall be required to take tests in subjects equivalent to those that a captain, chief engineer grade 2 must take, and must meet the statutory requirements;

c) Those who hold the certificate of professional competency of captain working aboard the seagoing vessel with the capacity of below 50 GT or chief engineer working aboard the seagoing vessel with the capacity of below 75 kW, and have the time of taking up the post as a captain or chief engineer working aboard the corresponding seagoing vessel equal to 06 months or more, shall have this certificate changed to the certificate of professional competency of captain, chief engineer grade 3 working aboard the inland watercraft but shall be required to take tests in subjects equivalent to those that a captain, chief engineer grade 3 must take, and must meet the statutory requirements;

d) Those who hold the certificate of captain working aboard the seagoing vessel with the capacity of below 50 GT, accumulate the time of taking up the post as the captain of the corresponding seagoing vessel equal to 06 months in full or more, shall have this certificate changed to the certificate of professional competency of the captain grade 4 working aboard the inland watercraft but shall be required to take tests in subjects equivalent to those that the captain grade 4 must take, and must meet the statutory requirements;

dd) Those who hold the mariner or assistant engineer certificate shall be entitled to have this certificate changed to the mariner or engineer grade 1 credential for working aboard inland watercraft but shall be required to take tests in subjects equivalent to those that must be taken to obtain a mariner or engineer grade 1 credential, and must meet the statutory requirements;

e) Those who hold the certificate of professional competency of a captain working aboard the seagoing vessel with the capacity of 50 GT or more and age from 55 years for female and 60 years for male or older, and have evidence of meeting the accepted health standard, shall be allowed to have this certificate changed to the license of inland watercraft grade 1 driving but shall be required to take tests in equivalent subjects required to be taken to obtain such license, and must meet the statutory requirements.

Article 21. Application and procedure for issuance, reissuance and change of the Certificate of Professional Competency, Credential

1. Those who have demand for issuance, reissuance or change of the Certificate of Professional Competency, Credential, must submit 01 (one) set of documents in person or by post or in any proper form to the Department of Transport, the regional Sub-department of Inland Waterway Transportation, the Department of Transport or the professional training establishment as stipulated in Article 7 hereof. Documentation shall include:

a) Application form as stipulated in the Appendix III hereof;

b) 02 (two) color photos size 2x3 cm which is taken not later than 06 months;

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d) Duplicate and original of submitted license, certificate of professional competency for the verification purpose (if submitted in person) or authenticated copy of submitted degrees, certificate of professional competency, or notarized Vietnamese translation documents (applicable to the license of captain, chief engineer, or the Certificate of Professional Competency, Credential of captain or chief engineer, all of which must be accredited by foreign competent authorities) which serve as the evidence of eligibility for issuance, reissuance or change of corresponding Certificate of Professional Competency, credential in conformity with regulations laid down in Article 17, 18, 19 and 20 hereof.

2. Procedure:

The Department of Inland Waterway Transportation of Vietnam, regional Sub-department of Inland Waterway Transportation, the Department of Transport or the professional training establishment, must receive and check all submitted documents and have them processed as follows:

a) If documentation is submitted in person and all necessary documents have been sufficiently provided, they must give the appointment note to applicants to receive the document processing result and proceed to complete their necessary steps in issuance, reissuance or change of such certificate or credential; if submitted documents are not sufficient in accordance with regulations, these must be returned immediately and provide applicants with instructions to get their application further completed;

b) If the application is sent by post or in any other proper form, and such application has not included sufficient required documents, within a maximum period of 02 (two) working days of receipt of such application, the Department of Inland Waterway Transportation of Vietnam, regional Sub-department of Inland Waterway Transportation, the Department of Transport or the professional training establishment, must respond in person to these applicants to require them to get their application further supplemented and completed;

c) Within a permitted period of 05 (five) working days of receipt of all required documents, the Department of Inland Waterway Transportation of Vietnam, regional Sub-department of Inland Waterway Transportation, the Department of Transport or the professional training establishment, shall issue, reissue or change the Certificate of Professional Competency, Credential.

Chapter V

TAKING UP THE POST AS A MARINER WORKING ABOARD THE INLAND WATERCRAFT

Article 22. Taking up the post as a captain or chief engineer

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a) Passenger vessels with the load capacity of 100 passengers;

b) Ferries with the gross deadweight of more than 150 tons;

c) Cargo ships with the gross deadweight of more than 500 tons;

d) Ship towage tugs with the gross deadweight of more than 1000 tons;

dd) Ship transports other than those stipulated at Point a, b, c and d Clause 1 of this Article with main engine capacity of more than 400 cv.

2. Crewmembers who hold the certificate of professional competency of captain grade 2 shall be permitted to take up the post as a captain working aboard the following watercraft:

a) Passenger vessels with the load capacity ranging from 50 passengers to 100 passengers;

b) Ferries with the gross deadweight ranging from more than 50 tons to 150 tons;

c) Cargo ships with the gross deadweight ranging from more than 500 tons to 500 tons;

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dd) Ship transports other than those stipulated at Point a, b, c and d Clause 2 of this Article with main engine capacity ranging from more than 150 cv to 400 cv.

3. Crewmembers who hold the certificate of professional competency of captain grade 3 shall be permitted to take up the post as a captain working aboard the following watercraft:

a) Passenger vessels with the load capacity ranging from more than 12 passengers to 50 passengers;

b) Ferries with the gross deadweight up to 50 tons;

c) Cargo vessels with the gross deadweight ranging from more than 15 tons to 150 tons;

d) Ship towage tugs with the gross weight up to 400 tons;

dd) Ship transports other than those stipulated at Point a, b, c and d Clause 3 of this Article with main engine capacity ranging from more than 15 cv to 150 cv.

4. Crewmembers who hold the certificate of professional competency of captain grade 4 shall be permitted to take up the post as a captain working aboard the following watercraft:

a) Passenger ferries with the load capacity up to 50 passengers;

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c) Ship transports with the main engine capacity up to 50 cv.

5. Crewmembers who hold the certificate of professional competency of higher-grade captain shall be permitted to take up the post as a captain working aboard the watercraft intended for the lower-grade captain.

6. Crewmembers who hold the certificate of professional competency of the captain shall be permitted to take up the post as a vice captain working aboard the watercraft intended for the immediately higher-grade captain.

7. Crewmembers who hold the certificate of professional competency of captain grade 1 shall be permitted to take up the post as a chief engineer working aboard the watercraft with the main engine capacity of more than 400 cv.

8. Crewmembers who hold the certificate of professional competency of chief engineer grade 2 shall be permitted to take up the post as a chief engineer working aboard the watercraft with the main engine capacity ranging from more than 150 cv to 400 cv.

9. Crewmembers who hold the certificate of professional competency of chief engineer grade 3 shall be permitted to take up the post as a chief engineer working aboard the watercraft with the main engine capacity ranging from more than 15 cv to 150 cv.

10. Crewmembers who hold the certificate of professional competency of higher-grade chief engineer shall be permitted to take up the post as a chief engineer working aboard the watercraft intended for the lower-grade chief engineer.

11. Crewmembers who hold the certificate of professional competency of chief engineer shall be permitted to take up the post as a vice chief engineer working aboard the watercraft intended for the immediate higher-grade chief engineer.

12. Vessels equipped with external engine with the main engine capacity up to 150 cv or internal engine with total main engine capacity up to 50 cv shall not be required to assign a person to take up the post as a chief engineer. In such case, the captain shall be required to achieve the engineer grade 1 credential. As for vessels equipped with external engine with the main engine capacity ranging from more than 150 cv to 400 cv, if an independent chief engineer is not arranged, the captain shall be required to achieve the certificate of professional competency of a chief engineer working aboard vessels with the corresponding main engine capacity.

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1. Those who are issued with a specific professional credential shall be permitted to take up the corresponding post as stipulated by regulations.

2. Those who operate class-I, class-II high-speed craft, near-coastal vessels, and those working aboard near-coastal vessels, petroleum, chemical tankers or liquefied natural gas carriers, in addition to the certificate of professional competency that must be obtained according to the statutory post, must hold the corresponding special profession certificate.

Article 24. Assignment of a crewmember

1. The vessel owner shall be responsible for assigning a sufficient number of crewmembers to take up posts, or setting the minimum manning level of crewmembers to work aboard the inland watercraft and must create the crewmember register in accordance with regulations, and comply with regulations enshrined herein and other relevant legal regulations.

2. While working onboard, the Certificate of Professional Competency, Credential must be carried along.

Chapter VI

IMPLEMENTARY PROVISIONS

Article 25. Reporting policy

1. Periodically on 20^th day of every month, professional training establishments shall report to the Department of Transport of centrally-affiliated cities and provinces, the Department of Inland Waterway Transportation of Vietnam, on the training result of crewmembers, watercraft operator and the issuance, reissuance or change of the professional credential in accordance with regulations laid down in the Appendix XVI hereof.

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Article 26. Implementation

1. The Director of the Inland Waterway Transportation Department shall be responsible for:

a) Making all necessary arrangements for implementation of this Circular;

b) Printing, publishing and managing the consistent use of specimen of the Certificate of Professional Competency, Credential nationwide;

c) Organizing classes to train test or examination proctoring and scoring skills as well as issuing the card showing the identity of persons in charge of test or examination proctoring and scoring task.

2. The Director of the Department of Transport shall make all necessary arrangement for implementation of this Circular within the area of their responsibility; implement reporting policy and be subjected to inspection, examination and conform to professional instructions of the Ministry of Transport and the Department of Inland Waterway Transportation of Vietnam.

3. The head of the professional training establishment shall be responsible for implementing this Circular; implementing the reporting policy and be subjected to inspection, examination and supervision and conform to the professional instructions of the competent regulatory agencies.

Article 27. Effect

This Circular shall come into force from January 1, 2015. The Decision No. 19/2008/QĐ-BGTVT of the Minister of Transport dated September 18, 2008 on promulgating the rule of testing, issuance, change of license, certificate for inland watercraft crewmembers, operator and those taking up the post as inland watercraft crewmembers, and the Circular No. 14/2011/TT-BGTVT of the Minister of Transport dated March 30, 2011 on amendments to several articles on administrative procedures of the rule of testing, issuance and change of licence, certificate of inland watercraft crewmembers, operator and those taking up the post as inland watercraft crewmembers issued together with the Decision No. 19/2008/QĐ-BGTVT of the Minister of Transport dated September 18, 2008, shall be annulled.

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The Chief of the Ministry’s Office, the Chief Inspector of the Ministry, Directors of the Departments of Inland Waterway Transportation, Director of the Department of Transport of centrally-affiliated cities and provinces, the Head of agencies, organizations or individuals concerned, shall bear responsibility to enforce this Circular./.

THE MINISTER




Dinh La Thang