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THE MINISTRY OF
TRANSPORT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
20/2023/TT-BGTVT
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Hanoi, June 30,
2023
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CIRCULAR
PRESCRIBING
STANDARDS OF COMPETENCE, PROFESSIONAL CERTIFICATES, TRAINING FOR SEAFARERS, AND
MINIMUM SAFE MANNING REQUIREMENTS FOR VIETNAMESE-FLAGGED SHIPS
Pursuant to the Maritime
Code of Vietnam dated November 25, 2015;
Pursuant to the 1978
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers to which Vietnam is a signatory, and its amendments;
Pursuant to the
International Convention for the Safety of Life at Sea 1974 (SOLAS 1974) to
which Vietnam is a signatory and its amendments;
Pursuant to the Government’s
Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks,
powers and organizational structure of the Ministry of Transport of Vietnam;
At the request of the
Director of Transportation Department and the Administrator of Vietnam Maritime
Administration;
The Minister of Transport of
Vietnam promulgates a Circular prescribing standards of competence,
professional certificates, training for seafarers, and minimum safe manning
requirements for Vietnamese-flagged ships.
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GENERAL PROVISIONS
Article 1. Scope
This Circular provides
regulations on standards of competence, professional certificates, training for
seafarers, and minimum safe manning requirements for ships and public service
ships named in Vietnam National Ships Registration Book.
Article 2. Regulated
entities
This Circular applies to
regulatory authorities, organizations and individuals involved in standards of
competence, professional certificates, training for seafarers, and minimum safe
manning requirements for ships and public service ships named in Vietnam
National Ships Registration Book.
Article 3. Definitions
For the purposes of this
Circular, the terms used herein are construed as follows:
1. “STCW Convention” means the
1978 International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, and its amendments.
2. “STCW Code” means the Code
enclosed with the 1978 STCW Convention and its amendments.
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4. “IGF Code” means the
International Code of Safety for Ships using gas or other low-flashpoint fuels.
5. “Master” means the person
who holds ultimate command of a ship.
6. “Officer” means a member of
the crew, other than the master, meeting eligibility requirements and standards
for undertaking a capacity on board a ship.
7. “Chief Officer” means the
deck officer next in rank to the master and upon whom the command of the ship
will fall in event of the incapacity of the master.
8. “Deck officer” means an
officer qualified in accordance with the provisions of Chapter II of the STCW
Convention.
9. “Ratings forming part of a
navigational watch” means a seafarer who is qualified in accordance with the
provisions of Regulation II/4 of the STCW Convention and has completed the
training course prescribed by the Minister of Transport.
10. “Able seafarer (AB) deck
rating” means a seafarer who is qualified with the provisions of Regulation
II/5 of the STCW Convention and has completed the training course prescribed by
the Minister of Transport.
11. “Chief engineer” means the
senior engine officer responsible for the mechanical propulsion and the
operation and maintenance of the mechanical and electrical installations of the
ship.
12. “Second engineer” means the
engine officer next in rank to the chief engineer and upon whom the
responsibility for the mechanical propulsion, operation and maintenance of the
mechanical and electrical installations of the ship will fall in the event of
the incapacity of the chief engineer;
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14. “Oiler ratings forming part
of an engine-room watch” means a seafarer who is qualified with the provisions
of Regulation III/4 of the STCW Convention and has completed the training
course prescribed by the Minister of Transport.
15. “AB engine rating” means a
seafarer who is qualified with the provisions of Regulation III/5 of the STCW
Convention and has completed the training course prescribed by the Minister of
Transport.
16. “Electro-technical officer”
means an officer qualified with the provisions of Chapter III/6 of the STCW
Convention.
17. “Electro-technical rating”
means a rating qualified with the provisions of Chapter III/7 of the STCW
Convention.
18. “GMDSS radio operator”
means a person qualified with the provisions of Chapter IV of the STCW
Convention.
19. “Ship security officer”
means the person on board the ship, accountable to the master, designated by
the Company as responsible for the security of the ship including
implementation and maintenance of the ship security plan and liaison with the
company security officer and port facility security officers.
20. “Security duties” include
all security tasks and duties on board the ship as defined by Chapter XI-2 of
the 1974 International Convention for the Safety of Life at Sea, as amended
(SOLAS 74 and its amendments) and the International Ship and Port Facility
Security (ISPS) Code.
21. “Oil tanker” means a ship
constructed or adapted and used for the carriage of petroleum and petroleum
products in bulk.
22. “Chemical tanker” means a
ship constructed or adapted and used for the carriage in bulk of any liquid
product listed in Chapter 17 of the International Bulk Chemical Code (IBC
Code).
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24. “Passenger ship” means a
ship as defined in SOLAS 74 and its amendments.
25. “Ro-Ro passenger ship”
means a passenger ship with ro-ro spaces or special category spaces as defined
in SOLAS 74 and its amendments.
26. “Near-coastal voyage"
means a voyage made by a ship of less than 500 GT, exclusively within 50
nautical miles from the coast or within the limits of designated “near-coastal
voyages” as agreed upon between Vietnam and the relevant parties.
27. “Approved training record
book” means a training record book issued to the seafarer who possesses a
bachelor’s degree and has an internship on board the ship of at least 500 GT as
a deck officer or on board the ship powered by main propulsion machinery of at
least 750 kW as an engine officer, or issued to a trainee deck officer working
on board the ship of at least 500 GT or a trainee engine officer working on
board the ship powered by main propulsion machinery of at least 750 kW under
maritime officer training programs approved by the Ministry of Transport; or
issued to a seafarer who possesses an associate degree, or higher, and has an
internship as an electro-technical officer as required in Table A-III/6 of the
STCW Code.
28. “Internship period” means
the length of time during which a trainee seafarer works on board a ship under
the training program in conformity with the STCW Convention.
29. “Apprenticeship period”
means the length of time during which a seafarer apprentices at a certain capacity
on board the ship having the similar gross tonnage to that specified in his
certificate of competency under the supervision of an officer.
30. “Tenure” means the length
of time during which a seafarer serves in the capacity corresponding to his
certificate of competency.
31. “Seagoing service” means
the period of time during which a seafarer or trainee works or apprentices on
board a ship.
32. “Month” means a calendar
month or 30 days made up of periods of less than one month.
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34. “seafarer management
company” means the seafarer training institution, the owner of the ship,
seafarer recruitment and placement service provider, or any other organization
or person such as the manager, or the bareboat charterer, who has assumed the
responsibility for operation of the ship from the shipowner and who, on
assuming such responsibility, has agreed in writing to take over all the duties
and responsibilities imposed on the Company by these regulations.
35. “Certificate of competency
(CoC)” means a certificate issued to seafarers in accordance with the
provisions of the STCW Convention.
36. “Certificate of proficiency
(CoP)” means a certificate issued to a seafarer in accordance with the
provisions of the STCW Convention.
37. “Certificate of endorsement
attesting the recognition of the certificate of competency” means a document issued
by Vietnam Maritime Administration or its branch office or a Maritime
Administration, with authorization from Vietnam Maritime Administration, to a
seafarer who holds a CoC issued by a competent authority of the country or
territory that has entered into an agreement on recognition of professional
certificates with Vietnam, for working on board Vietnamese-flagged ships.
38. “Endorsement certificate
attesting the issuance of the certificate” means a document issued by Vietnam
Maritime Administration or its branch office or a Maritime Administration, with
authorization from Vietnam Maritime Administration, to a seafarer who holds a
certificate of completion of a training course in Vietnam in accordance with
the provisions of Regulation IV/2, Regulation V/1-1 and Regulation V/1-2 of the
STCW Convention; in high-speed crafts in accordance with the provisions of the
HSC Code; or in ships using low-flashpoint fuels in accordance with the
provisions of the IGF Code.
39. “High-speed craft” means a
craft granted the high-speed craft safety certificate by Vietnam Register in
accordance with the provisions of the HSC Code and National technical
regulation on classification and construction of high-speed crafts.
40. “Vietnam ship registry”
means Vietnam Maritime Administration, or its branch office, or the Maritime
Administration authorized by Vietnam Maritime Administration to take charge of
registration of ships.
41. “ship using low-flashpoint
fuels as prescribed in the IGF Code” means a ship that uses gas or other
low-flashpoint fuels.
Chapter II
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Article 4. Standards of
competence of masters and chief officers of ships of 500 GT or more
Every master or chief officer serving
on a ship of 500 GT or more shall be required to meet all standards of
competence specified in Section A-II/1, A-II/2, A-IV/2 and A-VIII/2 of STCW
Code in respect of the following functions:
1. Navigation at the management
level.
2. Cargo handling and stowage
at the management level.
3. Controlling the operation of
the ship and care for persons on board at the management level.
4. Communications, at the
operational level.
Article 5. Standards of
competence of masters and chief officers of ships of less than 500 GT, not
engaged on near-coastal voyages
Every master or chief officer
serving on a ship of less than 500 GT, not engaged on near-coastal voyages,
shall be required to have a CoC for ships of 500 GT or more and less than 3,000
GT.
Article 6. Standards of
competence of masters and chief officers of ships of less than 500 GT, engaged
on near-coastal voyages
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1. Navigation at the management
level.
2. Cargo handling and stowage
at the management level.
3. Controlling the operation of
the ship and care for persons on board at the management level.
4. Communications, at the
operational level.
Article 7. Standards of
competence of deck officers of ships of 500 GT or more
Every deck officer serving on a
ship of 500 GT or more shall be required to meet the standards of competence
specified in Section A-II/1, A-IV/2 and A-VIII/2 of STCW Code in respect of the
following functions:
1. Navigation at the
operational level.
2. Cargo handling and stowage
at the operational level.
3. Controlling the operation of
the ship and care for persons on board at the operational level.
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Article 8. Standards of
competence of deck officers of ships of less than 500 GT, not engaged on
near-coastal voyages
Every deck officer serving on a
ship of less than 500 GT, not engaged on near-coastal voyages, shall be
required to have a CoC as deck officer of ships of 500 GT or more.
Article 9. Standards of
competence of deck officers of ships of less than 500 GT, engaged on
near-coastal voyages
Every deck officer serving on a
ship of less than 500 GT, engaged on near-coastal voyages, shall be required to
meet the standards of competence specified in Section A-II/3, A-IV/2 and
A-VIII/2 of STCW Code in respect of the following functions:
1. Navigation at the
operational level.
2. Cargo handling and stowage
at the operational level.
3. Controlling the operation of
the ship and care for persons on board at the operational level.
4. Communications, at the
operational level.
Article 10. Standards of
competence of seafarers in charge of navigational watch
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Every rating forming part of a
navigational watch shall be required to meet standards of competence specified
in Section A-II/4 of the STCW Code in respect of the navigation function at the
support level.
2. Standards of competence of
AB deck ratings:
Every AB deck rating shall be
required to meet standards of competence specified in Section A-II/5 of the
STCW Code in respect of the following functions:
a) Navigation at the support
level;
b) Cargo handling and stowage
at the support level;
c) Controlling the operation of
the ship and care for persons on board at the support level;
d) Maintenance and repair at
the support level.
Article 11. Standards of
competence of chief engineers and second engineers of ships powered by main
propulsion machinery of 750 kW or more
Every chief engineer or second
engineer serving on a ship powered by main propulsion machinery of 750 kW or
more shall be required to meet the standards of competence specified in Section
A-III/1, A-III/2 and A-VIII/2 of the STCW Code in respect of the following
functions:
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2. Electrical, electronic and
control engineering at the management level.
3. Maintenance and repair at
the management level.
4. Controlling the operation of
the ship and care for persons on board at the management level.
Article 12. Standards of
competence of chief engineers and second engineers of ships powered by main
propulsion machinery of less than 750 kW
Every chief engineer or second
engineer serving on a ship powered by main propulsion machinery of less than
750 kW shall be required to meet the standards of competence under training
programs prescribed by the Minister of Transport in respect of the following
functions:
1. Marine engineering at the
management level.
2. Electrical, electronic and
control engineering at the management level.
3. Maintenance and repair at
the management level.
4. Controlling the operation of
the ship and care for persons on board at the management level.
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Every engine officer serving on
a ship powered by main propulsion machinery of 750 kW or more shall be required
to meet the standards of competence specified in Section A-III/1 and A-VIII/2
of the STCW Code in respect of the following functions:
1. Marine engineering at the
operational level.
2. Electrical, electronic and
control engineering at the operational level.
3. Maintenance and repair at
the operational level.
4. Controlling the operation of
the ship and care for persons on board at the operational level.
Article 14. Standards of
competence of engine officers of ships powered by main propulsion machinery of
less than 750 kW
Every engine officer serving on
a ship powered by main propulsion machinery of less than 750 kW shall be
required to meet the standards of competence under training programs prescribed
by the Minister of Transport in respect of the following functions:
1. Marine engineering at the
operational level.
2. Electrical, electronic and
control engineering at the operational level.
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4. Controlling the operation of
the ship and care for persons on board at the operational level.
Article 15. Standards of
competence of seafarers in charge of engine-room watch
1. Standards of competence of
Oiler ratings forming part of an engine-room watch:
Every Oiler rating forming part
of an engine-room watch shall be required to meet standards of competence
specified in Section A-III/4 of the STCW Code in respect of the marine
engineering function at the support level.
2. Standards of competence of
AB engine ratings:
Every AB engine rating shall be
required to meet the standards of competence specified in A-Section III/5 of
the STCW Code in respect of the following functions:
a) Marine engineering at the
support level;
b) Electrical, electronic and
control engineering at the support level;
c) Maintenance and repair at
the support level;
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Article 16. Standards of
competence of electro-technical officers
Every electro-technical officer
shall be required to meet the standards of competence specified in Section
A-III/6 of the STCW Code in respect of the following functions:
1. Electrical, electronic and
control engineering at the operational level.
2. Maintenance and repair at
the operational level.
3. Controlling the operation of
the ship and care for persons on board at the operational level.
Article 17. Standards of
competence of electro-technical ratings
Every electro-technical rating
shall be required to meet the standards of competence specified in Section
A-III/7 of the STCW Code in respect of the following functions:
1. Electrical, electronic and
control engineering at the support level.
2. Maintenance and repair at
the support level.
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Chapter III
PROFESSIONAL CERTIFICATES ISSUED TO SEAFARERS
Section 1. TYPES OF
PROFESSIONAL CERTIFICATES
Article 18. Classification
of professional certificates
Professional certificates
issued to seafarers working on Vietnamese-flagged ships include:
1. Certificate of Competency
(CoC).
2. Certificates of Proficiency
(CoP), including:
a) Certificate of Proficiency
in Basic Training (CoP in basic training);
b) Certificate of Proficiency
in Special Training (CoP in special training);
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3. Templates of professional
certificates are available in Appendix I enclosed herewith.
Article 19. Certificate of
Competency (CoC)
1. CoC shall be issued by
Vietnam Maritime Administration, or its branch office, or the Maritime
Administration with authorization from Vietnam Maritime Administration, to
seafarers to serve in the relevant capacity under the provisions herein,
relevant laws of Vietnam and the STCW Convention.
2. A CoC shall be valid for 05
years from the date of issue.
Article 20. Certificate of
Proficiency in Basic Training
1. CoP in basic training shall
be issued by training institutions to seafarers who have successfully completed
basic training programs in personal survival techniques, fire fighting and fire
prevention, elementary first aid, personal safety and social responsibility,
and proficiency in security awareness in accordance with the provisions of the
STCW Convention.
2. A CoP in basic training
shall be valid for 05 years from the date of issue.
Article 21. Certificate of
Proficiency in Special Training
1. CoP in special training
shall be issued by training institutions to seafarers who have completed one of
the following special training programs in accordance with the provisions of
the STCW Convention:
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b) Advanced training for oil
tankers; chemical tankers; liquefied gas tankers; ships operating in polar
waters; high-speed crafts as prescribed in the HSC Code; ships using
low-flashpoint fuels as prescribed in the IGF Code;
c) Crowd management on
passenger ships and Ro-Ro passenger ships;
d) Safety training for
personnel providing direct service to passengers in passenger spaces of passenger
ships and Ro-Ro passenger ships;
dd) Passenger safety, cargo
safety and hull integrity training for passenger ships and Ro-Ro passenger
ships;
e) Crisis management and human
behavior training on passenger ships and Ro-Ro passenger ships.
2. A CoP in special training
shall be valid for 05 years from the date of issue.
Article 22. Certificate of
Proficiency in Professional Training
1. CoP in professional training
shall be issued by training institutions to seafarers who have completed one of
the following professional training programs in accordance with the provisions
of the STCW Convention:
a) Use of Radar and ARPA at the
operational level;
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c) Global maritime distress and
safety system (GMDSS), including GOC (General Operator’s Certificate) and ROC
(Restricted Operator’s Certificate) for GMDSS;
d) Advanced firefighting;
dd) Medical first aid;
e) Medical care;
g) Survival craft and rescue
boats;
h) Fast rescue boats;
i) Security training for
seafarers with designated security duties;
k) Ship security officers;
l) Bridge team and resource
management;
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n) Maritime English;
o) Electronic chart display and
information system;
p) Safety officer;
q) Chief cooks and cooks;
r) Other CoP in professional
training as prescribed by IMO.
2. A CoP in professional
training shall be valid for 05 years from the date of issue.
Section 2. REQUIREMENTS FOR
ISSUANCE AND RE-ISSUANCE OF CERTIFICATE OF COMPETENCY
Article 23. General
requirements
1. Meet requirements relating
to age and medical fitness as prescribed.
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a) Have graduated in ship
control engineering, ship engine operation or marine electrical engineering
under a training program prescribed by the Ministry of Education and Training
or the Ministry of Labor, War Invalids and Social Affairs;
b) Hold a graduate certificate
in one of the training disciplines or majors specified in point a of this
clause, issued by a foreign training institution and recognized by the Ministry
of Education and Training;
c) Have graduated from a
maritime officer training program as prescribed by the Minister of Transport;
d) Have successfully completed
training modules in ratings forming part of a navigational watch, oiler ratings
forming part of an engine-room watch or electro-technical ratings of a training
program for associate degree, or higher, organized by a maritime training
institution, and meet the requirements of Section A-II/4; A-III/4; A-III/7 of
the STCW Code.
3. In the following
circumstances, a candidate shall complete the training program or take
additional subject(s):
a) The candidate holds a
graduate certificate in a discipline or major specified in clause 2 of this
Article issued by a training institution that is not a maritime training
institution;
b) The candidate holds a
graduate certificate in engine repair issued by a maritime training
institution;
c) The candidate holds a
graduate certificate in control, machinery or technical engineering of inland
waterway ships issued by an inland waterway training institution.
4. A candidate who holds a
graduate certificate in a discipline or major of a group different from one of
the majors specified in clause 2 of this Article but has completed all subjects
of the training program for the discipline or major specified in clause 2 of
this Article at maritime training institutions shall be exempt from taking and
completing additional subject(s).
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Article 24. Requirements for
certificates of competency of masters and chief officers of ships of 3,000 GT
or more
1. Requirements relating to
competencies:
a) Hold a bachelor’s degree in
ship control engineering. If a candidate only holds an associate degree in ship
control engineering, he shall be required to complete an advanced training
program prescribed by the Minister of Transport;
b) Acquire the level 3 of
maritime English proficiency;
c) Have completed a
professional improvement program prescribed by the Minister of Transport;
d) Pass the examination for
master or chief officer of ships of 3,000 GT or more.
2. Requirements relating to
tenure:
a) For a chief officer: Have
served in the capacity of a deck officer on ships of 500 GT or more for at
least 24 months;
b) For a master: Have served in
the capacity of a chief officer on ships of 3,000 GT or more for at least 24
months, or have served in the capacity of a master on ships between 500 GT and
3,000 GT for at least 12 months and in the capacity of a chief officer on ships
of 3,000 GT or more for at least 12 months.
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1. Requirements relating to
competencies:
a) Hold an associate degree, or
higher, in ship control engineering. If a candidate only holds an intermediate
professional education diploma in ship control engineering, he shall be
required to complete the advanced training program prescribed by the Minister
of Transport;
b) Acquire the level 2 of
maritime English proficiency;
c) Have completed a
professional improvement program prescribed by the Minister of Transport;
d) Pass the examination for
master or chief officer of ships of between 500 GT and 3,000 GT.
2. Requirements relating to
tenure:
a) For a chief officer: Have
served in the capacity of a deck officer on ships of 500 GT or more for at
least 24 months;
b) For a master: Have served in
the capacity of a chief officer on ships of between 500 GT and 3,000 GT for at
least 24 months, or have served in the capacity of a master on ships between 50
GT and 500 GT, engaged on near-coastal voyages, for at least 12 months and in
the capacity of a chief officer on ships of between 500 GT and 3,000 GT for at
least 12 months.
Article 26. Requirements for
certificates of competency of masters of ships of between 50 GT and 500 GT and
chief officers of ships of less than 500 GT (engaged on near-coastal voyages)
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a) Hold an intermediate
professional education diploma, or higher, in ship control engineering;
b) Acquire the level 1 of
maritime English proficiency;
c) Have completed a
professional improvement program prescribed by the Minister of Transport;
d) Pass the examination for
master or chief officer of ships of between 50 GT and 500 GT.
2. Requirements relating to
tenure:
a) For a chief officer: Have
served in the capacity of a deck officer on ships of less than 500 GT, engaged
on near-coastal voyages, for at least 24 months;
b) For a master: Have served in
the capacity of a chief officer on ships of less than 500 GT, engaged on
near-coastal voyages, for at least 24 months.
Article 27. Requirements for
certificates of competency of masters of ships of less than 50 GT, engaged on
near-coastal voyages
1. Requirements relating to
competencies:
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b) Have successfully completed
a short-term training program in ship control engineering and passed
examinations as prescribed by the Minister of Transport. If a candidate holds
an elementary education diploma in ship control engineering, he shall be
required to pass the required examination.
2. Requirements relating to
seagoing service: Have an approved seagoing service of at least 12 months.
Article 28. Requirements for
certificates of competency of deck officers of ships of 500 GT or more
1. Requirements relating to
competencies:
a) Hold an associate degree, or
higher, in ship control engineering, or have completed a maritime officer
training program in ship control engineering prescribed by the Minister of
Transport. If a candidate only holds an intermediate professional education
diploma in ship control engineering, he shall be required to complete the
advanced training program prescribed by the Minister of Transport;
b) Acquire the level 2 of
maritime English proficiency;
c) Pass the examination for a
deck officer on ships of 500 GT or more.
2. Requirements relating to
tenure:
a) Have an internship period of
at least 12 months documented in an approved training record book under the
training program that meets the requirements of Section A-II/1 of the STCW
Code, or have at least 36 months’ seagoing service, including at least 18
months’ seagoing service on board ships of 500 GT or more, in which there are
at least 06 months engaged in AB deck rating duties;
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Article 29. Requirements for
certificates of competency of deck officers of ships of less than 500 GT,
engaged on near-coastal voyages
1. Requirements relating to
competencies:
a) Hold an intermediate
professional education diploma, or higher, in ship control engineering;
b) Acquire the level 1 of
maritime English proficiency;
c) Pass the examination for a
deck officer on ships of less than 500 GT.
2. Requirements relating to
tenure: Have an approved seagoing service of at least 36 months.
Article 30. Requirements for
certificates of competency of chief engineers and second engineers of ships
powered by main propulsion machinery of 3,000 kW or more
1. Requirements relating to
competencies:
a) Hold a bachelor’s degree in
ship engine operation. If a candidate only holds an associate degree in ship
engine operation, he shall be required to complete an advanced training program
prescribed by the Minister of Transport;
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c) Have completed a
professional improvement program prescribed by the Ministry of Transport;
d) Pass the examination for
chief engineer or second engineer on ships powered by main propulsion machinery
of 3,000 kW or more.
2. Requirements relating to
tenure:
a) For a second engineer: Have served
in the capacity of an engineer officer on ships powered by main propulsion
machinery of 750 kW or more for at least 24 months;
b) For a chief engineer: Have
served in the capacity of a second engineer on ships powered by main propulsion
machinery of 3,000 kW or more for at least 24 months, or have served in the
capacity of a chief engineer on ships powered by main propulsion machinery of
between 750 kW and 3,000 kW for at least 12 months and in the capacity of a
second engineer on ships powered by main propulsion machinery of 3,000 kW or
more for at least 12 months.
Article 31. Requirements for
certificates of competency of chief engineers and second engineers of ships
powered by main propulsion machinery of between 750 kW and 3,000 kW
1. Requirements relating to
competencies:
a) Hold an associate degree, or
higher, in ship engine operation. If a candidate only holds an intermediate
professional education diploma in ship engine operation, he shall be required
to complete an advanced training program prescribed by the Minister of
Transport;
b) Acquire the level 2 of
maritime English proficiency;
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d) Pass the examination for
chief engineer or second engineer on ships powered by main propulsion machinery
of between 750 kW and 3,000 kW.
2. Requirements relating to
tenure:
a) For a second engineer: Have
served in the capacity of an engineer officer on ships powered by main
propulsion machinery of 750 kW or more for at least 24 months;
b) For a chief engineer: Have
served in the capacity of a second engineer on ships powered by main propulsion
machinery of between 750 kW and 3,000 kW for at least 24 months, or have served
in the capacity of a chief engineer on ships powered by main propulsion
machinery of between 75 kW and 750 kW for at least 12 months and in the
capacity of a second engineer on ships powered by main propulsion machinery of
between 750 kW and 3,000 kW for at least 12 months.
Article 32. Requirements for certificates of
competency of chief engineers of ships powered by main propulsion machinery of
between 75 kW and 750 kW, and second engineers of ships powered by main
propulsion machinery of less than 750 kW
1. Requirements relating to
competencies:
a) Hold an intermediate
professional education diploma, or higher, in ship engine operation.
b) Acquire the level 1 of
maritime English proficiency;
c) Have completed a
professional improvement program prescribed by the Minister of Transport;
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2. Requirements relating to
tenure:
a) For a second engineer: Have
served in the capacity of an engineer officer on ships powered by main
propulsion machinery of less than 750 kW for at least 24 months;
b) For a chief engineer: Have
served in the capacity of a second engineer on ships powered by main propulsion
machinery of less than 750 kW for at least 24 months, or have served in the capacity
of an engineer officer on ships powered by main propulsion machinery of less
than 750 kW for at least 36 months.
Article 33. Requirements for
certificates of competency of chief engineers of ships powered by main
propulsion machinery of less than 75 kW
1. Requirements relating to
competencies:
a) Have graduated from the
lower secondary school;
b) Have successfully completed
a short-term training program in ship engine operation and passed the
examination as prescribed by the Minister of Transport. If a candidate holds an
elementary vocational education diploma in ship engine operation, he shall be
required to pass the required examination.
2. Requirements relating to
seagoing service: Have an approved seagoing service of at least 12 months.
Article 34. Requirements for
certificates of competency of engineer officers of ships powered by main
propulsion machinery of 750 kW or more
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a) Hold an associate degree, or
higher, in ship engine operation, or have completed a maritime officer training
program in ship engine operation prescribed by the Minister of Transport. If a
candidate only holds an intermediate professional education diploma in ship
engine operation, he shall be required to complete the advanced training
program prescribed by the Minister of Transport;
b) Acquire the level 2 of
maritime English proficiency;
c) Pass the examination for an
engineer officer on ships powered by main propulsion machinery of 750 kW or
more.
2. Requirements relating to
tenure:
a) Have an internship period of
at least 12 months documented in an approved training record book under the
training program that meets the requirements of Section A-III/1 of the STCW
Code, or have at least 36 months’ seagoing service, including at least 18
months’ seagoing service on board ships powered by main propulsion machinery of
750 kW or more, in which there are at least 06 months engaged in AB engine
rating duties;
b) If a candidate has served in
the capacity of a engineer officer on ships powered by main propulsion
machinery of less than 750 kW, he shall be required to have at least 06 months’
seagoing service on ships powered by main propulsion machinery of 750 kW or
more.
Article 35. Requirements for
certificates of competency of engineer officers of ships powered by main
propulsion machinery of less than 750 kW
1. Requirements relating to
competencies:
a) Hold an intermediate
professional education diploma, or higher, in ship engine operation.
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c) Pass the examination for an
engineer officer on ships powered by main propulsion machinery of less than 750
kW.
2. Requirements relating to
tenure: Have an approved seagoing service of at least 36 months on ships
powered by main propulsion machinery of 75 kW or more.
Article 36. Requirements for
issuance of certificates of competency to seafarers in charge of navigational
watch
1. Ratings forming part of a
navigational watch:
a) Hold an intermediate professional
education diploma, or higher, in ship control engineering, or have completed
theoretical modules of the maritime officer training program in ship control
engineering prescribed by the Minister of Transport, or have completed training
modules for ratings forming part of a navigational watch of a training program
for an associate degree, or higher, organized by a maritime training
institution. If a candidate only holds an elementary professional education
diploma in marine vessel engine operation, he shall be required to complete an
advanced training program prescribed by the Minister of Transport;
b) Hold a CoP in basic
training;
c) Have an approved seagoing
service of at least 06 months or have completed a minimum internship period for
ratings forming part of a navigational watch of at least 02 months.
2. AB deck ratings:
a) Hold a CoC for a rating
forming part of a navigation watch (if not, the candidate shall be required to
hold an associate degree, or higher, in ship control engineering);
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c) Have an approved seagoing
service of at least 18 months or have completed a minimum internship period for
AB deck ratings of at least 12 months.
Article 37. Requirements for
issuance of certificates of competency to seafarers in charge of engine-room
watch
1. Oiler ratings forming part
of an engine-room watch:
a) Hold an intermediate
professional education diploma, or higher, in ship engine operation, or have
completed theoretical modules of the maritime officer training program in ship
engine operation prescribed by the Minister of Transport, or have completed
training modules for oiler ratings forming part of an engine-room watch of a
training program for an associate degree, or higher, organized by a maritime
training institution. If a candidate only holds an elementary professional
education diploma in marine vessel engine, he shall be required to complete an
advanced training program prescribed by the Minister of Transport;
b) Hold a CoP in basic
training;
c) Have an approved seagoing
service of at least 06 months or have completed a minimum internship period for
Oiler ratings forming part of an engine-room watch of at least 02 months.
2. AB engine ratings:
a) Hold a CoC for Oiler rating
forming part of an engine-room watch (if not, the candidate shall be required
to hold an associate degree, or higher, in ship engine operation);
b) Hold a CoP in basic
training;
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Article 38. Requirements for
issuance of certificates of competency to electro-technical officers
1. Requirements relating to
competencies:
a) Hold an associate degree, or
higher, in marine electrical engineering. If a candidate only holds an
intermediate professional education diploma in marine electrical engineering,
he shall be required to complete an advanced training program prescribed by the
Minister of Transport;
b) Acquire the level 2 of
maritime English proficiency;
c) Have completed a
professional improvement program prescribed by the Minister of Transport and
pass the examination for an electro-technical officer.
2. Requirements relating to
tenure: Have an internship period of at least 12 months documented in an
approved training record book under the training program that meets the
requirements of Section A-III/6 of the STCW Code, or have an approved seagoing
service of at least 36 months.
Article 39. Requirements for
issuance of certificates of competency to electro-technical ratings
1. Hold an intermediate
professional education diploma, or higher, in marine electrical engineering, or
have completed training modules for electro-technical ratings of a training program
for associate degree, or higher, organized by a maritime training institution.
If a candidate only holds an elementary professional education diploma in
marine electrical engineering, he shall be required to complete an advanced
training program prescribed by the Minister of Transport.
2. Hold a CoP in basic
training.
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Article 40. Requirements for
issuance of certificates of competency to Vietnamese citizens holding
certificates of competency issued by foreign competent authorities
1. Hold an intermediate
professional education diploma, or higher, in ship control engineering, ship
engine operation or marine electrical engineering, issued by a foreign maritime
training institution and recognized in Vietnam in accordance with regulations
of the Ministry of Education and Training.
2. Hold a CoC issued by a
competent authority of the country or territory that has entered into an
agreement on recognition of professional certificates with Vietnam.
Article 41. Requirements for
re-issuance of certificate of competency
1. CoC shall be re-issued in
case it has been lost or damaged, has already expired or is expiring, or there
are changes in the information contained therein.
2. If the CoC has expired for
no more than 05 years or is expiring, the seafarer applying for re-issuance of
the CoC shall be required to meet the following conditions:
a) The seafarer has served in
the capacity indicated in the issued CoC for a period of not less than 12
months within the last 05 years preceding the date of application or 03 months
within the last 06 months preceding the date of application;
b) If the seafarer fails to
meet the requirement set forth in point a clause 2 of this Article, he shall be
required to complete an apprenticeship period of at least 03 months in the
capacity indicated in the CoC within 06 months preceding the date of
application, or pass the examination for master or chief engineer corresponding
to the capacity indicated in the expired CoC;
c) If the seafarer meets the
tenure requirement set forth in point a of this clause but has served on a ship
with the limitations that are less severe than those indicated in his CoC, he
shall be allowed to apply for a CoC with limitations equivalent to those
imposed on the ship on which he served;
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3. If the CoC has expired for 5
years or more, the seafarer applying for re-issuance of the CoC shall be
required to meet the following conditions:
a) For ratings forming part of
a navigational watch, AB deck ratings, oiler ratings forming part of an
engine-room watch, AB engine ratings and electro-technical ratings: have
completed an apprenticeship period of at least 03 months in the capacity
indicated in the CoC within 06 months preceding the date of application;
b) For officers or higher
capacity holders: have passed the examination for officer, master or chief
engineer, prescribed by the Minister of Transport, corresponding to the
capacity indicated in the expired CoC.
Article 42. Requirements for
re-issuance of certificate of proficiency
1. The CoP shall be re-issued
in the following cases: It has been lost or damaged, has already expired or is
expiring or there are changes in the information contained therein.
2. In case of an expired or
expiring CoP, the seafarer applying for re-issuance of a CoP shall be required
to meet the following conditions:
a) He has an approved seagoing
service appropriate to the issued CoP for a period of not less than 12 months
within the last 05 years preceding the date of application;
b) If the seafarer fails to
meet the requirement relating to seagoing service prescribed in point a of this
clause, he shall be required to pass the competence assessment test appropriate
to the issued CoP.
Section 3. REQUIREMENTS FOR
ISSUANCE, RE-ISSUANCE OF ENDORSEMENT CERTIFICATES, CERTIFICATES OF ENDORSEMENT
ATTESTING RECOGNITION OF CERTIFICATE OF COMPETENCY, CERTIFICATES OF INSTRUCTORS
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1. Meet the requirements relating
to medical fitness and age as prescribed in the Labor Code of Vietnam.
2. Hold CoC, GOC or ROC for
GMDSS and CoP in oil, chemical or liquefied gas tanker, ships operating in
polar waters, or high-speed crafts issued by a competent authority of the country
or territory that has entered into an agreement on recognition of professional
certificates with Vietnam.
3. Have an approved seagoing
service of at least 36 months.
Article 44. Requirements for
issuance of endorsement certificate attesting the issuance of the certificate
1. Hold a GOC or ROC for GMDSS
or a CoP in oil, chemical or liquefied gas tanker, ships operating in polar
waters, high-speed crafts or ships using low-flashpoint fuels as prescribed in
the IGF Code.
2. In case of endorsement
certificate attesting the issuance of CoP in advanced training in ships
operating in polar waters, the candidate shall be required to have at least 02
months’ working experience in polar waters or other accepted equivalent
service.
Article 45. Requirements for
issuance of certificate of instructor
1. Have successfully completed
a training course for instructor.
2. Have completed the training
in use of simulators and simulation assessment if being an instructor of the
simulation department.
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The certificate of endorsement
attesting recognition of certificate of competency, endorsement certificate
attesting the issuance of the certificate (unexpired) or certificate of
instructor shall be re-issued if it has been lost or damaged or there are
changes in the information contained therein.
Section 4. ORGANIZATION OF
EXAMINATIONS FOR MARITIME OFFICERS
Article 47. Examination
board
1. The examination board is
established by the Administrator of Vietnam Maritime Administration and
comprised of 05 members: Chairman of the examination board that is a leader of
Vietnam Maritime Administration, 01 secretary, 02 members that are department
heads of Vietnam Maritime Administration (including Personnel Department, and
Ship and Seafarer Registration Department), and 01 member that is the head of a
training institution.
2. The examination board shall
have the following duties:
a) provide advice to the
Administrator of Vietnam Maritime Administration about deciding the list of
eligible candidates, establishing the Jury for organizing and marking the
examinations for maritime officers, deciding the form of the examination,
selecting examination questions for each capacity, and recognizing examination
results;
b) organize and supervise
examinations;
c) submit consolidated reports
on examination results;
d) take actions against
violations against examination rules.
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1. The Jury is established
according to decision of the Administrator of Vietnam Maritime Administration
at the request of the Chairman of the examination board.
2. The number of members of the
Jury depends on the number of candidates but shall not be fewer than 03
members. 1/3 of members of the Jury shall not directly perform teaching duties.
Members of the Jury include masters, chief engineers and experts in maritime or
management, and teachers who have experience and qualifications appropriate to
qualification requirements set out for each examination course.
3. The Jury shall have the
following duties:
a) Give examination questions
and mark examination papers strictly, accurately and transparently to properly
evaluate the candidate's competency;
b) Detect mistakes in
examination question sheets and request the examination board to make timely
modification;
c) Detect and request the
Chairman of the examination board to take actions against any violations during
the examination.
Section 5. SEAFARER TRAINING
Article 49. Instructors
1. An instructor is a person
who has completed the coach training under the training program prescribed by
the Minister of Transport and holds a certificate of instructor.
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3. Only instructor or holder of
certificate of instructor issued by a foreign competent authority in accordance
with the provisions of the 1978 STCW Convention and its amendments shall be
appointed to assume responsibility in the capacity as instructors of respective
training courses or training of seafarers and updating of onboard training book
records.
Article 50. Basic training
1. A graduate from a maritime
training institution shall be issued with the CoP in basic training.
2. If a seafarer does not
complete the basic training, he shall be required to complete the basic
training as prescribed and obtain a certificate from the training institution.
Article 51. Special training
1. Special training shall be
provided for seafarers on oil tankers, chemical tankers, liquefied gas tankers,
passenger ships, Ro-Ro passenger ships, ships operating in polar waters and
high-speed crafts.
2. Special training provided
for seafarers on oil tankers, chemical tankers, liquefied gas tankers, and
ships operating in polar waters shall include basic training and advanced
training.
3. Special training provided
for seafarers on passenger ships and Ro-Ro passenger ships shall include safety
training for personnel providing direct service to passengers in passenger
spaces; passenger safety, cargo safety and hull integrity training; crowd
management and crisis management and human behavior training.
4. CoP in basic training shall
be issued to seafarers on oil tankers, chemical tankers and liquefied gas
tankers only after they have successfully completed the basic training program.
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6. With regard to ships
operating in polar waters, CoP in basic training shall be issued to masters,
chief officers and deck officers who have completed the basic training program
and meet the standards of competence specified in Section A-V/4, paragraph 1 of
the STCW Code.
7. With regard to ships
operating in polar waters, CoP in advanced training shall be issued to masters
and chief officers who have at least 02 months’ working experience in polar
waters or other accepted equivalent, have completed the advanced training
program and meet the standards of competence specified in Section A-V/4,
paragraph 2 of the STCW Code.
8. With regard to Ro-Ro
passenger ships, CoP in advanced training shall be issued to a person who has
completed one or all of the following training contents:
a) Masters, chief officers,
officers and other seafarers that are designated to assist passengers in
emergency situations and have completed training in crowd management;
b) Masters, chief officers,
chief engineers, second engineers and other seafarers that are assigned to
assume responsibility for embarking and disembarking passengers, loading,
discharging or securing cargo, or closing hull openings on board ro-ro
passenger ships and have completed training in passenger safety, cargo safety
and hull integrity;
c) Masters, chief officers,
chief engineers, second engineers and other seafarers that have responsibility
for the safety of passengers in emergency situations and have completed
training in crisis management and human behavior, handling of emergency
situations;
d) Seafarers providing direct
services to passengers in passenger spaces upon completion of the safety
training program.
9. With regard to high-speed
crafts as prescribed in the HSC Code, CoP shall be issued to seafarers who have
completed the training in operations on high-speed crafts.
10. Special training for
seafarers working on ships using low-flashpoint fuels as prescribed in the IGF
Code shall include basic training and advanced training.
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1. Certificate of proficiency
in professional training in marine Radar and ARPA at operational level shall be
issued to deck officers who have completed such training courses.
2. Certificate of proficiency
in professional training in marine Radar and ARPA at management level shall be
issued to masters and chief officers who have completed such training courses.
3. GMDSS:
a) GOC for GMDSS shall be
issued to masters, chief officers and deck officers who serve on ships
installed with GMDSS equipment related to sea areas A2, A3 and A4 and have
completed the training course in GOC;
b) ROC for GMDSS shall be
issued to masters, chief officers and deck officers who serve on ships
installed with GMDSS equipment related to the sea area A1 and have completed
the training course in ROC.
4. Electronic chart display and
information system (ECDIS): CoP in ECDIS shall be issued to masters, chief
officers and deck officers who have completed the training course in ECDIS.
5. Bridge team and resource
management: CoP in bridge team and resource management shall be issued to
masters, chief officers and deck officers who have completed the training
course in bridge team and resource management.
6. Engine-room team and
resource management: CoP in engine-room team and resource management shall be
issued to chief engineers, second engineers and engineer officers who have
completed the training course in engine-room team and resource management.
7. Seafarers with designated
security duties: CoP for seafarers with designated security duties shall be
issued to seafarers who have completed the security training course for
seafarers with designated security duties.
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9. Advanced firefighting: CoP
in advanced firefighting shall be issued to deck officers and engineer officers
who have completed the training program in advanced firefighting.
10. Medical first aid: CoP in
medical first aid shall be issued to deck officers and engineer officers who
have completed the training program in medical first aid.
11. Medical care: CoP in
medical care shall be issued to masters, chief officers and seafarers who
assume the responsibility for medical care on board ship after they have
completed the training program in medical care.
12. Survival craft and rescue
boats: CoP in survival craft and rescue boats shall be issued to deck officers,
engineer officers, seaman and oilers who have completed the training program in
survival craft and rescue boats.
13. Fast rescue boats: CoP in
fast rescue boats shall be issued to deck officers, engineer officers, seaman
and oilers who serve on ships equipped with fast rescue boats and have
completed the training program in fast rescue boats.
Only seafarers who hold CoP in
survival craft and rescue boats shall be eligible to attend the training
program and apply for CoP in fast rescue boats.
14. Maritime English: CoP in
maritime English shall be issued to students ad seafarers who have passed
level-1, level-2 and level-3 maritime English examinations.
Article 53. Seafarer
training institutions
1. Seafarer training
institutions shall be required to meet requirements related to material
facilities and lecturers as prescribed by the Government.
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Article 54. Seafarer
training programs
1. Seafarer training programs
include:
a) Training programs for CoP;
b) Training programs for CoC.
2. Based on promulgated
training programs, training institutions shall develop and adopt detailed
training programs, syllabi and materials.
Section 6. ISSUANCE AND
RE-ISSUANCE OF CERTIFICATE OF ENDORSEMENT ATTESTING RECOGNITION OF CERTIFICATE
OF COMPETENCY, CERTIFICATE OF PROFICIENCY
Article 55. Procedures for
issuance of Certificate of endorsement attesting the recognition of certificate
of competency
1. The Certificate of
endorsement attesting the recognition of CoC shall be issued to seafarers who
meet the requirements for this certificate laid down in this Circular and the
STCW Convention.
2. The seafarer management
company shall submit an application for Certificate of endorsement attesting
the recognition of CoC directly or by post or via the online public service
portal to Vietnam Maritime Administration or its branch office or the Maritime
Administration authorized by Vietnam Maritime Administration. Such application
includes:
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b) A copy or electronic copy of
the professional certificate issued by a competent authority of the country or territory
that has entered into an agreement on recognition of professional certificates
with Vietnam;
c) The originals or certified
true copies or electronic copies from the master register, or certified true
electronic copies of health certificate as prescribed by the STCW Convention
and the MLC Convention 2006, passport, seafarer’s discharge book or documentary
evidences of seagoing service issued by a competent maritime administration;
d) 02 3x4 cm color photos with
white background, taken within the last 06 months, if the application is
submitted directly or by post, or 01 file containing such a photo, if the
application is submitted online.
3. Vietnam Maritime
Administration or its branch office or the Maritime Administration authorized
by Vietnam Maritime Administration shall receive and check the application for
its composition and quantity, record it and give an appointment for return of
application processing result within the prescribed time limits, and carry out
a verification of authenticity and validity of the CoC with the issuing
authority.
a) If an application that is
submitted directly is inadequate, it shall be returned to the applicant who
will be provided with instructions for modifying the application;
b) If an application that is
submitted by post or through the online public service portal is inadequate,
Vietnam Maritime Administration or its branch office or the Maritime
Administration authorized by Vietnam Maritime Administration shall give a
written notice to the applicant within 02 working days from the receipt of the
application;
c) Within 02 working days from
the receipt of an adequate and valid application as prescribed, Vietnam
Maritime Administration or its branch office or the Maritime Administration
authorized by Vietnam Maritime Administration shall issue a Certificate of
endorsement attesting the recognition of the CoC using the form in Appendix I
enclosed herewith. If an application is refused, a written response indicating
reasons for refusal shall be given to the applicant;
d) If electronic administrative
procedure handling result is given by a competent authority, it shall have the
same legal effect as the physical one.
4. The validity period of the
Certificate of endorsement attesting the recognition of the CoC depends on the
validity period of the CoC or the employment contract to be signed but shall
not exceed 02 years.
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Article 56. Procedures for
issuance of CoC to ratings forming part of a navigational watch, ratings
forming part of an engine-room watch, electro-technical ratings; CoC to
Vietnamese seafarers holding CoC issued by foreign competent authorities
1. Eligible applicants:
a) Seafarers who meet the
requirements for CoC for ratings forming part of a navigational watch, AB deck
ratings, oiler ratings forming part of an engine-room watch, AB engine ratings
and electro-technical ratings as prescribed in this Circular and the STCW
Convention;
b) A seafarer who is a
Vietnamese citizen and meets the requirements set out in Article 40 hereof
shall be issued with the CoC indicating the same capacity and limitations as
the CoC issued by a foreign competent authority.
2. The seafarer management
company or the seafarer shall submit an application for CoC for rating forming
part of a navigational watch, rating forming part of an engine-room watch,
electro-technical rating or Vietnamese seafarer holding CoC issued by a foreign
competent authority directly or by post or through the online public service
portal to Vietnam Maritime Administration.
3. An application for CoC for
rating forming part of a navigational watch, oiler rating forming part of an
engine-room watch or electro-technical rating includes:
a) The application form made by
the seafarer using the form in Appendix III enclosed herewith or made by the
seafarer management company using the form in Appendix IV enclosed herewith;
b) Certified true copies or
copies from the master register or copies accompanied with their originals for
verification purpose or electronic copies from the master register or certified
true electronic copies of the originals of graduation diploma or certificate of
graduation or graduation decision or certificate of completion of theoretical
modules of the maritime officer training program or certificate of completion
of all training modules for rating forming part of a navigational watch or
oiler rating forming part of an engine-room watch or electro-technical rating;
certificate of completion of professional improvement course or advanced
training course (if any), and CoP in basic training. With respect to a
graduation diploma issued by a foreign training institution, a certified true
copy or the copy presented with its original for verification purpose or
certified true electronic copy of the original of the certificate of
recognition of graduation diploma in accordance with regulations of the
Ministry of Education and Training shall be submitted;
c) The original or certified
true copy or certified true electronic copy of the original of the health
certificate as prescribed by the Ministry of Health;
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dd) A certified true copy, or
copy presented with its original for verification purpose, or certified true electronic
copy of the original of the seafarer’s discharge book (if the applicant holds a
certificate of completion of professional improvement course or advanced
training course or elementary vocational education diploma).
4. An application for issuance of
CoC to AB deck rating or AB engine rating includes the documents in points a,
b, c, d clause 3 of this Article and certified true copies, or copies presented
with their originals for verification purpose, or certified true electronic
copies of the originals of the seafarer’s discharge book and passport (if the
seafarer works on board a foreign flagged-ship).
5. An application for issuance
of CoC to AB deck rating or AB engine rating for a seafarer who has been issued
with CoC for rating forming part of a navigational watch or oiler rating
forming part of an engine-room watch includes the documents in points a, c, d
clause 3 of this Article and certified true copies, or copies presented with
their originals for verification purpose, or certified true electronic copies
of the originals of the seafarer’s discharge book and passport (if the seafarer
works on board a foreign flagged-ship).
6. An application for issuance
of CoC to a Vietnamese seafarer who holds a CoC issued by a foreign competent
authority includes the documents in points a, b, c, d clause 3 of this Article
and certified true copies, or copies presented with their originals for
verification purpose, or certified true electronic copies of the originals of
CoC issued by a competent authority of the country or territory that has
entered into an agreement on recognition of professional certificates with
Vietnam, and the seafarer’s discharge book.
7. Vietnam Maritime
Administration shall receive application and check its composition and
quantity, enter it into the application receipt record and give an appointment
for returning the application processing result within the following time
limits:
a) If an application that is
submitted directly is inadequate, it shall be returned to the applicant who
will be provided with instructions for modifying the application;
b) If an application that is
submitted by post or through the online public service portal is inadequate,
Vietnam Maritime Administration shall give a written notice to the applicant
within 02 working days from the receipt of the application;
c) Within 02 working days from
the receipt of an adequate and valid application as prescribed, Vietnam
Maritime Administration shall issue a CoC using the form in Appendix I enclosed
herewith. If an application is refused, a written response indicating reasons
for refusal shall be given to the applicant;
d) If electronic administrative
procedure handling result is given by a competent authority, it shall have the
same legal effect as the physical one.
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Article 57. Procedures for
issuance of endorsement certificate attesting the issuance of the certificate
1. Endorsement certificate
attesting the issuance of the certificate shall be issued to seafarers who meet
the requirements for such endorsement certificate set out in this Circular and
the STCW Convention.
2. The seafarer management
company or the seafarer shall submit an application for endorsement certificate
attesting the issuance of the certificate directly or by post or via the online
public service portal to Vietnam Maritime Administration or its branch office
or the Maritime Administration authorized by Vietnam Maritime Administration. Such
application includes:
a) An application form made by
the seafarer using the form in Appendix V enclosed herewith or made by the
seafarer management company using the form in Appendix VI enclosed herewith;
b) Certified true copies or copies
accompanied with their originals for verification purpose or electronic copies
from the master register or certified true electronic copies of the originals
of GOC, ROC and CoP in special training;
c) 02 3x4 cm color photos with
white background, taken within the last 06 months, if the application is
submitted directly or by post, or 01 file containing such a photo, if the
application is submitted online.
3. Vietnam Maritime
Administration or its branch office or the Maritime Administration authorized
by Vietnam Maritime Administration shall receive the application and check its
composition and quantity, enter it into the application receipt record and give
an appointment for returning the application processing result within the
prescribed time limit.
a) If an application that is
submitted directly is inadequate, it shall be returned to the applicant who
will be provided with instructions for modifying the application;
b) If an application that is
submitted by post or through the online public service portal is inadequate,
Vietnam Maritime Administration or its branch office or the Maritime
Administration authorized by Vietnam Maritime Administration shall give a
written notice to the applicant within 02 working days from the receipt of the
application;
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d) If electronic administrative
procedure handling result is given by a competent authority, it shall have the
same legal effect as the physical one.
4. The validity period of the
endorsement certificate attesting the issuance of the certificate depends on
the validity period of the GOC, ROC and CoP in special training.
5. Fees and charges for
processing applications for endorsement certificate attesting the issuance of
the certificate shall be paid in accordance with regulations of the Ministry of
Finance.
Article 58. Procedures for
issuance of certificate of instructor
1. The certificate of
instructor shall be issued to instructors and seafarers who meet the
requirements for this certificate laid down in this Circular and the STCW
Convention.
2. The seafarer management
company, the eligible instructor or the seafarer shall submit an application
for certificate of instructor directly or by post or via the online public
service portal to Vietnam Maritime Administration or its branch office or the
Maritime Administration authorized by Vietnam Maritime Administration. Such
application includes:
a) An application form for
certificate of instructor made by the instructor using the form in Appendix VII
enclosed herewith or made by the seafarer management company using the form in
Appendix VIII enclosed herewith;
b) A certified true copy, or
copy presented with its original for verification purpose, or electronic copy
from the master register, or certified true electronic copy of the original of
certificate of completion of the training course for instructor or decision on
recognition of graduation from the training course for instructor;
c) 02 3x4 cm color photos with
white background, taken within the last 06 months, if the application is
submitted directly or by post, or 01 file containing such a photo, if the
application is submitted online;
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3. Vietnam Maritime
Administration or its branch office or the Maritime Administration authorized
by Vietnam Maritime Administration shall receive the application and check its
composition and quantity, enter it into the application receipt record and give
an appointment for returning the application processing result within the
prescribed time limit.
a) If an application that is
submitted directly is inadequate, it shall be returned to the applicant who
will be provided with instructions for modifying the application;
b) If an application that is
submitted by post or through the online public service portal is inadequate,
Vietnam Maritime Administration or its branch office or the Maritime
Administration authorized by Vietnam Maritime Administration shall give a
written notice to the applicant within 02 working days from the receipt of the
application;
c) Within 02 working days from
the receipt of an adequate and valid application as prescribed, Vietnam
Maritime Administration or its branch office or the Maritime Administration
authorized by Vietnam Maritime Administration shall issue a certificate of
instructor using the form in Appendix I enclosed herewith. If an application is
refused, a written response indicating reasons for refusal shall be given to
the applicant.
d) If electronic administrative
procedure handling result is given by a competent authority, it shall have the
same legal effect as the physical one.
4. Fees and charges for
processing applications for Certificate of instructor shall be paid in
accordance with regulations of the Ministry of Finance.
Article 59. Procedures for re-issuance
of CoC, endorsement certificates attesting the issuance of the certificate,
certificates of endorsement attesting recognition of certificate of competency,
certificates of instructor
1. A seafarer who holds a CoC,
endorsement certificate attesting the issuance of the certificate, certificate
of endorsement attesting recognition of CoC, or certificate of instructor shall
be eligible for re-issuance of such a certificate if he meets all re-issuance
requirements set out in this Circular.
2. The seafarer management
company or the eligible seafarer shall submit an application for re-issuance of
CoC, endorsement certificate attesting the issuance of the certificate,
certificate of endorsement attesting recognition of CoC, or certificate of
instructor directly or by post or via the online public service portal to
Vietnam Maritime Administration or its branch office or the Maritime
Administration authorized by Vietnam Maritime Administration. Such application
includes:
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b) Legally effective documents
proving the changes in case there are changes in the information contained in
the issued certificate;
c) 02 3x4 cm color photos with
white background, taken within the last 06 months, if the application is
submitted directly or by post, or 01 file containing such a photo, if the
application is submitted online;
d) The original or certified
true copy or certified true electronic copy of the original of the health
certificate as prescribed by the Ministry of Health (in case of application for
re-issuance of CoC);
dd) Certified true copies or
copies presented with their originals for verification purpose or certified
true electronic copies of the originals of the seafarer’s discharge book or
decision on recognition of results of the examination for officer, master or
chief engineer (in case of application for re-issuance of a CoC which has
already expired or is expiring), and passport (if the seafarer works on board a
foreign flagged-ship);
e) If a seafarer is working on
board a ship operating on international sea lanes and is unable to submit the
documents specified in points d and dd of this clause, the seafarer management
company shall submit an application form which is made using the form in
Appendix X enclosed herewith and accompanied by copies, which bear the seal or
digital signature of the seafarer management company, of the seafarer’s
discharge book and health certificate, and shall assume responsibility for the
information contained in its application.
3. Vietnam Maritime
Administration or its branch office or the Maritime Administration authorized
by Vietnam Maritime Administration shall receive the application and check its
composition and quantity, enter it into the application receipt record and give
an appointment for returning the application processing result within the
prescribed time limit.
a) If an application that is
submitted directly is inadequate, it shall be returned to the applicant who
will be provided with instructions for modifying the application;
b) If an application that is
submitted by post or through the online public service portal is inadequate,
Vietnam Maritime Administration or its branch office or the Maritime
Administration authorized by Vietnam Maritime Administration shall give a
written notice to the applicant within 02 working days from the receipt of the
application;
c) Within 02 working days from
the receipt of an adequate and valid application as prescribed, Vietnam
Maritime Administration or its branch office or the Maritime Administration
authorized by Vietnam Maritime Administration shall re-issue the certificate
using the form in Appendix I enclosed herewith. If an application is refused, a
written response indicating reasons for refusal shall be given to the
applicant;
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4. In case of re-issuance of a
CoC, endorsement certificate attesting the issuance of the certificate,
certificate of endorsement attesting recognition of CoC, or certificate of
instructor due to loss, damage or changes in information, the re-issued
certificate shall have the same validity period as the former one.
5. Fees and charges for
processing applications for re-issuance of CoC, endorsement certificate
attesting the issuance of the certificate, certificate of endorsement attesting
recognition of CoC, or certificate of instructor shall be paid in accordance
with regulations of the Ministry of Finance.
Article 60. Procedures for
provision of professional improvement courses and issuance of CoC to officers,
masters and chief engineers
1. An application for the
professional improvement course or the examination for officer, master or chief
engineer for each candidate shall be submitted directly or by post or through
the online public service portal to the training institution. Such application
includes:
a) An application form made
using the form in Appendix XI enclosed herewith;
b) A certified true copy, or
copy presented with its original for verification purpose, or electronic copy
from the master register, or certified true electronic copy of the original of
graduation diploma or certificate of completion of training program for
maritime officer, certificate of completion of advanced training course (if
any). With regard to a graduation diploma issued by a foreign training institution,
a certified true copy, or copy presented with its original for verification, of
the certificate of recognition of graduation diploma in accordance with
regulations of the Ministry of Education and Training shall be submitted;
c) Copies or electronic copies
of the CoC and certificate of maritime English;
d) The original or certified
true copy or certified true electronic copy of the original of the health
certificate as prescribed by the Ministry of Health;
dd) Seagoing service
testimonial (which must not bear certification of the seafarer management
company) which is made using the form in Appendix XII enclosed herewith;
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g) 02 3x4 cm color photos with
white background, taken within the last 06 months prior to the date of
application, if the application is submitted directly or by post, or 01 file
containing such a photo, if the application is submitted online.
2. The training institution
shall receive and examine the received application. If an application is not
satisfactory, the training institution shall instruct the applicant to complete
it.
3. Within 02 working days from
the receipt of adequate application as prescribed, the training institution
shall submit an application directly, or by post, or through the online public
service portal, to Vietnam Maritime Administration. Such application includes:
a) An application form made by
the training institution for approval of the list of candidates attending the
professional improvement course or attending the examination for officers,
masters or chief engineers using the form in Appendix XIII enclosed herewith;
b) The candidate's application
(attached).
4. Vietnam Maritime
Administration shall receive and examine the application, and issue a decision
on approval of the list of eligible candidates within 05 working days from the
date of receipt of an adequate and valid application. If an application is
refused, a written notification indicating reasons for refusal shall be given.
5. Within 05 working days from
the receipt of the report on results of the examination for officers, masters
or chief engineers given by the examination board, Vietnam Maritime
Administration shall issue a decision on approval of examination results and
issue CoCs to successful candidates.
6. Fees and charges for
issuance of CoCs for officers, masters and chief engineers shall be paid in accordance
with regulations of the Ministry of Finance.
Article 61. Responsibilities
of entities following and handling administrative procedures; revocation of
professional certificates, certificates of endorsement, and other certificates
issued to seafarers
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2. Authorities competent to
issue or re-issue professional certificates, certificates of endorsement, and
other certificates shall issue or re-issue such certificates within their
competence, follow proper procedures and comply with regulations on application
processing time limits; shall not request applicants to submit any documents other
than those included in applications as prescribed in this Circular, and shall
assume no responsibility for the validity and legitimacy of the documents
provided by organizations and individuals when following administrative
procedures.
3. Professional certificates,
certificates of endorsement, and other certificates issued to seafarers shall
be revoked if any document included in the submitted application for the
certificate is found to be forged, or such a certificate is erased, traded,
lent or leased.
4. The competent authority that
issued or re-issued the certificate shall have the power to revoke that
certificate.
Chapter IV
MINIMUM SAFE MANNING REQUIREMENTS
Article 62. Minimum safe
manning levels
1. General provisions on
Vietnamese-flagged ships
a) Minimum safe manning
requirements for deck departments of ships by gross tonnage (GT):
Capacity
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Ships of between 50 GT and 500 GT
Ships of between 500 GT and 3,000 GT
Ships of 3,000 GT or more
Master
01
01
01
01
Chief officer
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01
01
01
Deck officer
01
02
GMDSS radio officer (*)
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01
01
AB deck rating
01
01
01
01
Rating forming part of a
navigational watch
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01
01
Total
02
03
06
07
(*) If a deck officer holds an
appropriate certificate for operating the GMDSS radio on ships, the GMDSS radio
operator is not required.
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Capacity
Ships powered by main propulsion machinery of less than 75 kW
Ships powered by main propulsion machinery of between 75 kW and 750
kW
Ships powered by main propulsion machinery of between 750 kW and
3,000 kW
Ships powered by main propulsion machinery of 3,000 kW or more
Chief engineer
01
01
01
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Second engineer
01
01
Engineer officer
01
01
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Oiler rating forming part of
an engine-room watch
01
01
02
Oiler rating forming part of
an engine-room watch
01
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Total
01
03
05
06
2. With regard to ships
installed with complicated electrical equipment, the electro-technical officer
or electro-technical rating may be arranged.
3. Minimum safe manning
requirements for exceptional circumstances:
a) With regard to tug boats or
construction ships which regularly operate within a certain area for a short
operating period, based on the written request of the shipowner, the ship
registry may decide a different minimum safe manning level taking into account
the nature of operation of the ship, including at least 01 master, 01 deck
officer, 01 AB deck rating, or 01 chief engineer, 01 engineer officer and 01 AB
engine rating. With regard to small tug boats or construction ships with a
minimum safe manning level fewer than the one specified in this point, no
reduction of the safe manning level shall apply;
b) With regard to a
non-self-propelled barge without accommodation spaces, the minimum safe manning
level is 0 (zero) person. During operation, it must be supported by a tug boat
for ensuring safe operation as prescribed;
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If a passenger ship or Ro-Ro
passenger ship operates on a fixed lane within the territorial sea of Vietnam
with the planned duration of the voyage between two ports of less than 06
hours, based on the request of the shipowner, the ship registry may grant a
reduction of the minimum safe manning level prescribed in clause 1 of this
Article, including: 01 (one) seafarer in charge of the deck department, for
ships of 500 GT or more (not applicable to the position of master and chief
officer); 01 (one) seafarer in charge of the engine department, for ships
powered by main propulsion machinery of 750 kW or more (not applicable to the
position of chief engineer). This reduction will not apply to ships of less
than 500 GT and ships powered by main propulsion machinery of less than 750
kW.”.
4. With regard to
public-service ships specified in Article 1 of this Circular, pilot boats and
other ships with special technical functions, based on the written request of
the shipowner, the ship registry shall decide a minimum safe manning level
taking into account the nature of operation of the ship. The shipowner’s
request must indicate the capacity and number of seafarers necessary to ensure
the safe operation of the ship, and hours of rest of seafarers.
5. The minimum safe manning
certificate shall be issued by the ship registry where the ship is registered
at the same time when the ship‘s certificate of registry is issued and made
according to the form in Appendix XIV enclosed herewith.
Article 63.
Vietnamese-flagged ship’s complement
1. Shipowners shall arrange
seafarers who meet eligibility requirements in Article 59 of Vietnam Maritime
Code and the working age requirement laid down in the Labor Code to work on
board Vietnamese-flagged ships.
2. A seafarer who is designated
to work on a Vietnamese-flagged ship shall be required to meet the following
requirements:
a) He must hold an appropriate
professional certificate. A seafarer may be designated to work in a capacity
lower than the capacity and relevant limitations indicated in his CoC but shall
not be designated to work in a capacity higher than the capacity and relevant
limitations indicated in his CoC.
A holder of CoC for deck
officer or engineer officer or higher position may be designated to the
capacity of ratings forming a part of a navigational watch, AB deck rating,
oiler rating forming part of engine-room watch or AB engine rating;
b) In addition to CoC and CoP
required to work on normal ships, a seafarer assigned to work on oil, chemical
or liquefied gas tanker, passenger ship, Ro-Ro passenger ship, ship operating
in polar waters, high-speed craft as prescribed in the HSC Code, or a ship
using low-flashpoint fuels as prescribed in the IGF Code shall be required to
have a CoP in special training appropriate to the capacity he will undertake on
the ship.
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Article 64. Exemptions
1. a) In the event of
incapacity of the master or chief engineer on a ship which is on his voyage,
the shipowner or the ship operator shall assign an officer holding the highest
capacity to take charge of responsibilities of the master or chief engineer to
maneuver the ship until he reaches the next port of call. In the event of
incapacity of other position holders, the master or the officer holding the
highest capacity who is assigned by the shipowner or the ship operator to take
charge of responsibilities of the master shall decide to assign other seafarers
to take charge of responsibilities of such position holders.
2. In case of a ship operating
at a foreign port, when the manning level falls below the manning indicated in
the issued minimum safe manning certificate as a result of force majeure
events, at the request of the shipowner, Vietnam Maritime Administration may
consider permitting the ship to continue a voyage to the next port of call
where the shortage may be filled. This provision shall not apply to the
capacity of the GMDSS radio operator who is the only one on board the ship.
Chapter V
ONBOARD INTERNSHIP
Article 65. Responsibility
of training institutions
1. Training institutions shall
develop onboard internship plans meeting the requirements of their training
programs.
2. If a training institution
does not have training ships, it shall be required to cooperate with other
training institutions or shipowners in preparing ships for training purposes.
3. Training institutions shall
request shipowners to receive onboard interns under training programs.
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Receive, provide accommodation
and facilitate trainees, lecturers and instructors working on ships; Make
certification of the time of designating the capacity to the onboard intern on
his discharge book; make declaration of onboard interns electronically on
seafarer database of Vietnam Maritime Administration and assume responsibility
for their certification.
Article 67. Responsibility
of masters, chief engineers and maritime officers towards onboard interns
1. Masters, chief engineers and
maritime officers shall take charge of instructing trainees, lecturers or
instructors who work on board ships as interns.
2. Masters, chief engineers and
maritime officers shall provide instructions, training, certification and
assessment of performance of onboard interns under their internship programs.
3. Maters shall record the time
of disembarking/leaving the ship of onboard interns in their discharge books
and assume responsibility for their certification.
Article 68. Responsibility
of onboard interns
1. Onboard interns must have
discharge books and professional certificates appropriate to the type of ship
they work as interns.
2. Onboard interns must comply
with internal regulations/rules adopted by shipowners, perform duties according
to instructions given by masters, chief engineers, maritime officers, lecturers
and instructors.
3. Rights and responsibilities
of onboard interns on Vietnamese-flagged ships shall be provided in accordance
with the law of Vietnam and treaties to which the Socialist Republic of Vietnam
is a signatory.
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IMPLEMENTATION
Article 69. Effect
1. This Circular comes into
force from September 01, 2023.
2. The Circular No.
03/2020/TT-BGTVT dated February 21, 2020 of the Ministry of Transport
prescribing standards of competence, professional certificates, training for
seafarers, and minimum safe manning requirements for Vietnamese-flagged ships
is abrogated.
3. Professional certificates,
certificates of endorsement and other certificates of seafarers, and minimum
safe manning certificates issued before the effective date of this Circular
shall still remain valid until the expiry dates indicated therein or the
certificate is re-issued.
4. Seafarer training
institutions shall establish electronic databases on management of candidates
and examinations, and training course scheduling which must be connected with
the seafarer database of Vietnam Maritime Administration before July 01, 2024.
5. Seafarer training
institutions shall formulate procedures for issuance and re-issuance of certificates
of proficiency and procedures for document management and retention.
Article 70. Implementation
organization
1. Vietnam Maritime
Administration shall play the leading role and cooperate with relevant
agencies, entities and individuals in implementing this Circular.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Xuan Sang