Circular No. 02/2017/TT-BGTVT Amending and supplementing some articles of Circular No. 56/2014/TT-BGTVT dated October 24, 2014 of the Minister of Transport on examination, inspection, issuance, reissuance, conversion of certificates of professional competence, professional certificates for seafarers, inland waterway vessel drivers, and assuming seafarer positions on inland waterway vessels

CIRCULAR

Amending and supplementing certain Articles of Circular No. 56/2014/TT-BGTVTdated October 24, 2014 issued by the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competenceand professional certificates for seafarers and drivers for vehicles At 50% of the level of collection of the port and wharf entry and exit fee prescribed in Point 2 Clause 1 Article 4 Circular No. 248/2016/TT-BTC dated November 11, 2016 of the Minister of Finance stipulating the level of collection, payment procedures, management, and use of fees and charges applicable at inland waterway ports and wharfs. and assuming the position of seafarer on inland waterway vessels

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Pursuant to the Law on Inland Waterway Traffic Management dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic Management dated June 17, 2014;

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

Based on the proposal of the Director of the Department of Organization and Cadres and the Director of the Vietnam Inland Waterway Administration;

The Minister of Transport issues this Circular amending and supplementing certain Articles of Circular No. 56/2014/TT-BGTVT dated October 24, 2014 issued by the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competenceand professional certificates for seafarers and drivers for vehicles At 50% of the level of collection of the port and wharf entry and exit fee prescribed in Point 2 Clause 1 Article 4 Circular No. 248/2016/TT-BTC dated November 11, 2016 of the Minister of Finance stipulating the level of collection, payment procedures, management, and use of fees and charges applicable at inland waterway ports and wharfs. and assuming the position of seafarer on inland waterway vessels.

Article 1. Amending and supplementing certain Articles of Circular No. 56/2014/TT-BGTVT dated October 24, 2014 issued by the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence, professional certificates for seafarers and drivers of inland waterway vessels and assuming the position of seafarer on inland waterway vessels (hereinafter referred to as Circular No. 56/2014/TT-BGTVT).

1. Businesses wishing to enjoy the preferential tax treatment provided by Japan under the tariff quota for natural honey imports into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership must submit their application at the licensing authority (Provincial People's Committee) where the exporting business is headquartered to be confirmed.

Article 6. Specific conditions for examination and inspection to obtain certificates of professional competence, professional certificates

In addition to the general conditions prescribed in Article 5 of Circular No. 56/2014/TT-BGTVT, those participating in examinations and inspections to obtain GCNKNCM, CCCM must also meet the following specific conditions:

1. Conditions for examination to obtain certificates of first-class or second-class seaman; first-class or second-class engineer: at least 16 years old.

2. Conditions for examination to obtain certificates of first-class or second-class driver: at least 18 years old.

3. Conditions for examination to obtain certificates of safety work on coastal vessels, vessels carrying oil, chemical substances, liquefied gas: at least 18 years old, holding a certificate of first-class seaman or engineer or first-class driver.

4. Conditions for examination to obtain certificates of commanding high-speed vessel type I or coastal vessel: having a certificate of master from third class upwards or GCNKNCM master from third class upwards, with at least 18 months of service experience as third-class master.

5. Conditions for examination to obtain certificates of commanding high-speed vessel type II: having a certificate of seaman or first-class driver.

6. Conditions for examination to obtain GCNKNCM master fourth class: having a certificate of seaman or first-class or second-class driver, with at least 18 months of service experience. For those who have at least 30 months of actual work experience as seaman or first-class or second-class driver, such time can be converted equivalently to service experience for the examination to obtain GCNKNCM master fourth class.

7. Conditions for examination to obtain GCNKNCM master third class:

a) Having a certificate of seaman or first-class driver or third-class master degree or GCNKNCM master fourth class, with at least 18 months of service experience. For those who have at least 30 months of actual work experience as seaman or first-class driver, such time can be converted equivalently to service experience for the examination to obtain GCNKNCM master third class;

b) For those who have completed at least six months of apprenticeship with a vocational training certificate in the occupation of commanding vessels or seaman, they may take the examination to obtain GCNKNCM master third class without undergoing the corresponding training program.

8. Conditions for examination to obtain GCNKNCM chief engineer third class:

a) Having a certificate of first-class or second-class engineer, with at least 18 months of service experience. For those who have at least 30 months of actual work experience as first-class or second-class engineer, such time can be converted equivalently to service experience for the examination to obtain GCNKNCM chief engineer third class;

b) For those who have completed at least six months of apprenticeship with a vocational training certificate in the occupation of chief engineer or engineer, they may take the examination to obtain GCNKNCM chief engineer third class without undergoing the corresponding training program.

9. Conditions for examination to obtain GCNKNCM master second class or chief engineer second class:

a) Having a certificate of third-class master or chief engineer third class, with at least 18 months of service experience as third-class master or chief engineer third class, or having a vocational training certificate of third-class master or chief engineer third class, with at least 12 months of apprenticeship;

b) For those who have completed at least 12 months of apprenticeship as third-class master or chief engineer third class with a vocational training certificate in the occupation of commanding vessels or engineer, they may take the examination to obtain GCNKNCM master second class or chief engineer second class without undergoing the corresponding training program.

10. Conditions for examination to obtain GCNKNCM master first class or chief engineer first class:

a) Having a high school diploma or equivalent, a certificate of second-class master or chief engineer second class, with at least 30 months of service experience as second-class master or chief engineer second class;

b) For those who have completed at least 18 months of apprenticeship as second-class master or chief engineer second class with a vocational training certificate in the occupation of commanding vessels or engineer, they may take the examination to obtain GCNKNCM master first class or chief engineer first class without undergoing the corresponding training program."

2. Amend Article 20 as follows:

Article 20. Conversion of certificates of professional competence, professional certificates

1. Persons holding certificates of master or chief engineer issued by competent authorities of Vietnam; foreign persons or Vietnamese residents abroad holding certificates of master or chief engineer issued by competent authorities of foreign countries, if they wish to work on inland waterway vessels, must go through procedures to convert their certificates to certificates of master or chief engineer for inland waterway vessels according to the provisions of this Circular.

2. Regarding certificates of master, chief engineer, and professional certificates for fishing vessels:

a) Persons holding certificates of master or chief engineer for fishing vessels of class IV with 400 HP or more, who have served in the capacity of master or chief engineer for fishing vessels of class IV for at least 18 months, may be converted to certificates of master or chief engineer of class II for inland waterway vessels but must complete the corresponding vocational training program, take the corresponding examinations for master or chief engineer of class II, and meet the requirements as prescribed.

b) Persons holding certificates of master or chief engineer for fishing vessels of class V from 90 HP to less than 400 HP, who have served in the capacity of master or chief engineer for fishing vessels of class V for at least 18 months, may be converted to certificates of master or chief engineer of class III for inland waterway vessels but must complete the corresponding vocational training program, take the corresponding examinations for master or chief engineer of class III, and meet the requirements as prescribed.

c) Persons holding certificates of master for small fishing vessels from 20 HP to less than 90 HP, who have served in the capacity of master for small fishing vessels for at least 18 months, may be converted to certificates of master of class IV for inland waterway vessels but must complete the corresponding vocational training program, take the corresponding examinations for master of class IV, and meet the requirements as prescribed.

d) Persons holding certificates of chief engineer for small fishing vessels from 20 HP to less than 90 HP, who have served in the capacity of chief engineer for small fishing vessels for at least 18 months, may be converted to certificates of chief engineer of class III for inland waterway vessels but must complete the corresponding vocational training program and meet the requirements as prescribed.

đ) Persons holding certificates of seaman or engine room rating for fishing vessels may be converted to certificates of seaman or engine room rating of class I for inland waterway vessels but must complete the corresponding vocational training program, undergo the corresponding theoretical examination for seaman or engine room rating of class I, and meet the requirements as prescribed.

e) Persons holding certificates of master for fishing vessels from small class upwards, who meet the health requirements as prescribed, may be converted to certificates of operator of class I for non-commercial inland waterway vessels but must complete the corresponding vocational training program, undergo the corresponding theoretical examination for operator of class I, and meet the requirements as prescribed.

3. Regarding certificates of master, chief engineer, and professional certificates for sea-going vessels:

a) Persons holding a college diploma or higher in the profession of navigating sea-going vessels or marine engineering, with certificates of master for sea-going vessels of 500 GT or more or certificates of chief engineer for sea-going vessels of 750 kW or more, who have served in the capacity of master or chief engineer for sea-going vessels for at least six months, may be converted to certificates of master or chief engineer of class I for inland waterway vessels but must take the corresponding comprehensive theoretical examinations for master or chief engineer of class I and meet the requirements as prescribed.

b) Persons holding a secondary vocational school diploma or secondary education in the profession of navigating sea-going vessels or marine engineering, with certificates of master for sea-going vessels from 50 GT to less than 500 GT or certificates of chief engineer for sea-going vessels from 75 kW to less than 750 kW, who have served in the capacity of master or chief engineer for sea-going vessels for at least six months, may be converted to certificates of master or chief engineer of class II for inland waterway vessels but must take the corresponding comprehensive theoretical examinations for master or chief engineer of class II and meet the requirements as prescribed.

c) Persons holding certificates of master for sea-going vessels under 50 GT or certificates of chief engineer for sea-going vessels under 75 kW, who have served in the capacity of master or chief engineer for sea-going vessels for at least six months, may be converted to certificates of master or chief engineer of class III for inland waterway vessels but must take the corresponding comprehensive theoretical examinations for master or chief engineer of class III and meet the requirements as prescribed.

d) Persons holding certificates of master for sea-going vessels under 50 GT, who have served in the capacity of master for sea-going vessels for at least six months, may be converted to certificates of master of class IV for inland waterway vessels but must take the corresponding comprehensive theoretical examination for master of class IV and meet the requirements as prescribed.

đ) Persons holding certificates of seaman or engine room rating for sea-going vessels may be converted to certificates of seaman or engine room rating of class I for inland waterway vessels but must undergo the corresponding comprehensive theoretical examination for seaman or engine room rating of class I and meet the requirements as prescribed.

e) Persons holding certificates of master for sea-going vessels of 50 GT or more, who meet the health requirements as prescribed, may be converted to certificates of operator of class I for non-commercial inland waterway vessels but must undergo the corresponding comprehensive theoretical examination for operator of class I and meet the requirements as prescribed.

g) Persons holding certificates of master for sea-going vessels that have been converted to certificates of master of class I, II, or III for inland waterway vessels according to the provisions of points a, b, and c of this clause shall be issued certificates of safety for working on coastal vessels and certificates of navigation for coastal vessels.

h) A person holding a Certificate of Competency for Seafarers in Charge of a Navigational Watch on Coastal Waters as Master of a Sea-going Ship who has converted to a Certificate of Competency for Seafarers in Charge of a Navigational Watch as Master of a Domestic Navigation Vessel of Class I, II, or III in accordance with points a, b, and c of this clause shall be issued a certificate of safety for working on vessels operating along the coast.

3. Amend Article 22 as follows:

"Article 22. Assumption of the Position of Seafarer or Operator of Inland Waterway Vessels

1. A seafarer holding a Third Class Master's License or a Certificate of Competency for Seafarers in Charge of a Navigational Watch as Third Class Master may assume the position of Master, and a seafarer holding a Second Class Able Seaman's Certificate may assume the position of Able Seaman on the following types of vessels:

a) Passenger vessels crossing rivers with a carrying capacity up to 50 people;

b) Cargo vessels with a total deadweight up to 50 tons;

c) Vessels with main engine power up to 50 horsepower.

2. A seafarer holding a Third Class Master's License or a Certificate of Competency for Seafarers in Charge of a Navigational Watch as Third Class Master may assume the position of Master on the following types of vessels:

a) Passenger vessels with a carrying capacity up to 50 people;

b) Ferries with a total deadweight up to 50 tons;

c) Cargo vessels with a total deadweight up to 150 tons;

d) Towboat fleets with a total deadweight up to 400 tons;

đ) Vessels not included in the categories specified in points a, b, c, and d of Clause 2 of this Article with a total main engine power up to 150 horsepower.

3. A seafarer holding a Second Class Master's License or a Certificate of Competency for Seafarers in Charge of a Navigational Watch as Second Class Master may assume the position of Master on the following types of vessels:

a) Passenger vessels with a carrying capacity up to 100 people;

b) Ferries with a total deadweight up to 150 tons;

c) Cargo vessels with a total deadweight up to 1,000 tons (but must complete at least three months of apprenticeship under the Second Class Master's position on cargo vessels with a total deadweight over 500 tons);

d) Towboat fleets with a total deadweight up to 1,000 tons;

đ) Vessels not included in the categories specified in points a, b, c, and d of Clause 3 of this Article with a total main engine power up to 400 horsepower.

4. A seafarer holding a First Class Master's License or a Certificate of Competency for Seafarers in Charge of a Navigational Watch as First Class Master may assume the position of Master, and a seafarer holding a First Class Able Seaman's Certificate may assume the position of Able Seaman on all types of vessels.

5. A seafarer holding a Master's License or a Certificate of Competency for Seafarers in Charge of a Navigational Watch for a higher class than First Class may assume the position of Master on vessels designated for the lower class Master's position.

6. A seafarer holding a Master's License or a Certificate of Competency for Seafarers in Charge of a Navigational Watch may assume the position of Chief Officer on vessels designated for a higher class Master's position.

7. A seafarer holding a Third Class Engineer-in-Charge of an Engine Room's License or a Certificate of Competency for Seafarers in Charge of an Engine Room as Third Class Engineer may assume the position of Engineer-in-Charge of an Engine Room, and a seafarer holding a Second Class Motorman's Certificate may assume the position of Motorman on vessels with a total main engine power up to 150 horsepower.

8. A seafarer holding a Second Class Engineer-in-Charge of an Engine Room's License or a Certificate of Competency for Seafarers in Charge of an Engine Room as Second Class Engineer may assume the position of Engineer-in-Charge of an Engine Room on vessels with a total main engine power up to 400 horsepower.

9. A seafarer holding a First Class Engineer-in-Charge of an Engine Room's License or a Certificate of Competency for Seafarers in Charge of an Engine Room as First Class Engineer may assume the position of Engineer-in-Charge of an Engine Room, and a seafarer holding a First Class Motorman's Certificate may assume the position of Motorman on all types of vessels.

10. A seafarer holding a Master's License or a Certificate of Competency for Seafarers in Charge of an Engine Room for a higher class than First Class may assume the position of Engineer-in-Charge of an Engine Room on vessels designated for the lower class Engineer-in-Charge of an Engine Room's position.

11. A seafarer holding a Master's License or a Certificate of Competency for Seafarers in Charge of an Engine Room may assume the position of Chief Engineer on vessels designated for a higher class Engineer-in-Charge of an Engine Room's position.

12. Vessels equipped with external engines with a total main engine power up to 150 horsepower or internal engines with a total main engine power up to 50 horsepower do not necessarily need to have a separate position of Engineer-in-Charge of an Engine Room. If there is no separate Engineer-in-Charge of an Engine Room, the Master must hold a First Class Motorman's Certificate. For vessels equipped with external engines with a total main engine power above 150 horsepower up to 400 horsepower, if there is no separate Engineer-in-Charge of an Engine Room, the Master must hold a Master's License or a Certificate of Competency for Seafarers in Charge of an Engine Room corresponding to the total main engine power.

13. A person holding a First Class Operator's Certificate may directly operate non-motorized vessels with a total deadweight up to 15 tons or motorized vessels with a total main engine power up to 15 horsepower or vessels with a carrying capacity up to 12 people or rafts.

14. A person holding a Second Class Operator's Certificate may directly operate non-motorized vessels with a total deadweight up to 15 tons or vessels with a carrying capacity up to 12 people, motorized vessels with a main engine power below 5 horsepower or vessels with a carrying capacity below 5 people.

15. The operator of Type I, Type II high-speed vessels, coastal vessels, persons working on coastal vessels, vessels carrying oil, chemicals, liquefied gas, in addition to the Certificate of Competency and the required vocational certificate according to the position, must also hold a special Certificate of Competency.

16. A person holding a vocational certificate of a certain type may only assume the corresponding position as prescribed.

4. Delete the phrase "supplementary" in Clause 2 of Article 5, point a of Clause 1 of Article 17, and in Appendix V of Circular No. 56/2014/TT-BGTVT.

5. Repeal Article 23.

6. Replace Appendix I on the Model of Certificate of Competency and Specialized Certificate of Circular No. 56/2014/TT-BGTVT with the Appendix attached to this Circular.

Article 2. Effective Date

This Circular takes effect from March 15, 2017.

Article 3. Responsibility for Implementation

The Head of the Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterways Administration, the Directors of Provincial Departments of Transport under the Central Government, the Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.