Consolidated Document number 05/VBHN-BGTVT stipulates on training, issuing, and revoking the Certificate of Professional Competence for Marine Pilots and the Certificate of Operating Area for Marine Pilots.

CIRCULAR

Provisions on training, issuing, and revoking certificates of seafaring pilot professional competence and certificates of seafaring pilot operational areas

Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport, stipulates provisions on training, issuing, and revoking Certificates of Seafaring Pilot Professional Competence and Certificates of Seafaring Pilot Operational Areas, which took effect from July 1, 2017, and was amended and supplemented by:

Circular No. 54/2023/TT-BGTVT dated December 31, 2023, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport, stipulating provisions on training, issuing, and revoking Certificates of Seafaring Pilot Professional Competence and Certificates of Seafaring Pilot Operational Areas, which shall take effect from April 1, 2024.

Pursuant to the Vietnam Maritime Code on November 25, 2015;

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;

At the proposal of the Director of the Department of Organization and Cadres and the Director of the Vietnam Maritime Administration; the Minister of Transport issues this Circular stipulating provisions on training, issuing, and revoking

Certificates of Seafaring Pilot Professional Competence and Certificates of Seafaring Pilot Operational Areas. marine pilotage services.[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates provisions on training, issuing, and revoking Certificates of Seafaring Pilot Professional Competence (hereinafter referred to as "GCNKNCMHTHH") and Certificates of Seafaring Pilot Operational Areas (hereinafter referred to as "GCNVHĐHTHH").

Article 2. This Circular applies to seafaring pilots, shipmasters, organizations of seafaring pilots, shipowners, and agencies, organizations, and individuals related to the use, training, issuance, and revocation of GCNKNCMHTHH and GCNVHĐHTHH.

Article 2. Certificate of Seafaring Pilot Professional Competence and Certificate of Seafaring Pilot Operational Areas

Clause 1. Certificate of Seafaring Pilot Professional Competence

Point a) The GCNKNCMHTHH is a certificate issued to seafaring pilots and shipmasters who meet the regulations set forth in Chapter II of this Circular. Seafaring pilots and shipmasters are only permitted to guide ships within the limits specified in their GCNKNCMHTHH.

Point b) The GCNKNCMHTHH includes GCNKNCMHTHH Class Three, Class Two, Class One, and Elite (issued to seafaring pilots) and GCNKNCMHTHH issued to shipmasters guiding their own vessels.

c)[2] The GCNKNCMHTHH issued to seafaring pilots has a validity period of five years from the date of issuance. The GCNKNCMHTHH issued to shipmasters guiding their own vessels has a validity period of two years.

In cases where the GCNKNCMHTHH is reissued due to loss, damage, or change of information, the validity period of the reissued GCNKNCMHTHH corresponds to the remaining validity period of the original GCNKNCMHTHH.

Point d) The model of the GCNKNCMHTHH is prescribed in Appendix 1 of this Circular.

Clause 2. Certificate of Seafaring Pilot Operational Areas

Point a) The GCNVHĐHTHH is a certificate issued to seafaring pilots and shipmasters specifying the operational areas and routes for guiding ships that seafaring pilots are permitted to practice or shipmasters are permitted to guide their own ships. Seafaring pilots and shipmasters are only permitted to guide ships along the routes specified in their GCNVHĐHTHH.

Point b) Seafaring pilots who have completed practical training in guiding ships and shipmasters who have guided ships in specific operational areas and routes are eligible to be issued GCNVHĐHTHH for those operational areas and routes.

Point c) The validity period of the GCNVHĐHTHH corresponds to the validity period of the GCNKNCMHTHH.

Point đ) The model of the GCNVHĐHTHH is prescribed in Appendix 2 of this Circular.

A Grade Three Maritime Pilot is permitted to guide vessels with a total gross tonnage under 4,000 GT or a maximum length up to 115 meters.

1.[3] A seafaring pilot of Class Three is a pilot holding a GCNKNCMHTHH of Class Three. A seafaring pilot of Class Three is authorized to guide various types of ships with a total gross tonnage up to 5,000 GT and a maximum length of 115 meters.

A seafaring pilot of Class Two is a pilot holding a GCNKNCMHTHH of Class Two. A seafaring pilot of Class Two is authorized to guide various types of ships with a total gross tonnage up to 10,000 GT and a maximum length of 145 meters.

A seafaring pilot of Class One is a pilot holding a GCNKNCMHTHH of Class One. A seafaring pilot of Class One is authorized to guide various types of ships with a total gross tonnage up to 20,000 GT and a maximum length of 175 meters.

4. Elite-Class Marine Pilot is a pilot who has been granted an Elite-Class Competence Certificate for Marine Pilot. An Elite-Class Marine Pilot is permitted to guide all types of ships.

A seafaring pilot is authorized to guide various types of government service ships, fishing vessels, inland waterway vessels, submarines, diving vessels, floating storage units, mobile platforms, hydroplanes, and foreign military vessels visiting Vietnam corresponding to the pilot's class as stipulated in Clause 1, 2, 3, and 4 of this Article.

Chapter II. TRAINING, TESTING, AND ISSUING CERTIFICATES OF SEAFARING PILOT PROFESSIONAL COMPETENCE AND CERTIFICATES OF SEAFARING PILOT OPERATIONAL AREAS

a) The basic training program for maritime pilots is the training program applicable to those undergoing apprenticeship as Grade Three maritime pilots;[4]

1. The training program for marine pilots includes:

a) Basic seafaring pilot training program;

b) Advanced seafaring pilot training program;

c) Seafaring pilot training program for shipmasters guiding their own vessels.

Clause 2. Vietnamese citizens holding GCNKNCMHTHH issued by foreign agencies or organizations are exempted from training contents already covered abroad, corresponding to the seafaring pilot training program prescribed by the Minister of Transport. The total exempted content does not exceed 50% of the total volume of the seafaring pilot training program.

Article 5. Training Institutions and Marine Pilot Training Programs

Article 3. Seafaring pilot training institutions are maritime universities and colleges with specialized training in Ship Navigation Control.

2. Responsibilities of training institutions:

Point a) Organizing training according to the seafaring pilot training program as prescribed;

Point b) Researching and improving teaching methods, enhancing training quality; proposing amendments and supplements to the seafaring pilot training program to ensure suitability;

Point c) Collecting and using tuition fees for seafaring pilot training in accordance with regulations.

d)[5] Deciding on the exemption of training components in the seafaring pilot training program for Vietnamese citizens holding GCNKNCMHTHH issued by foreign agencies or organizations.

Clause 3. Seafaring pilots and seafaring pilot trainees may undergo practical training at seafaring pilot organizations.

Article 6. Maritime Pilot Examination Board

1. The Director of the Vietnam Maritime Administration decides to establish the Maritime Pilot Examination Board.

2. The Maritime Pilot Examination Board shall consist of from five to seven members, including: the Chairman of the Board being a representative of the leadership of the Vietnam Maritime Administration, other members being representatives of the functional departments related to the Vietnam Maritime Administration, pilot organizations, and training institutions.

3. The Maritime Pilot Examination Board is responsible for organizing the final examination for basic maritime pilot training courses and advanced maritime pilot training courses.

4. The Maritime Pilot Examination Board has the following tasks:

a) Reviewing the list of candidates according to the conditions stipulated in Chapter II of this Circular;

b) Advising the Director of the Vietnam Maritime Administration on establishing a question bank for each category of maritime pilot and maritime pilot area; proposing adjustments and updates to the questions to be more closely aligned with reality;

c) Organizing, managing, and supervising examinations;

d) Handling incidents occurring during the examination period (if any);

đ) Establishing the Examination Committee for the final examination of basic maritime pilot training courses and advanced maritime pilot training courses (hereinafter referred to as the Examination Committee);

e) Summarizing the examination results and reporting to the Director of the Vietnam Maritime Administration to decide on recognizing graduates of the training course;

g) Collecting feedback from training institutions, students, and pilot organizations regarding the organization, curriculum, and training procedures for various categories of maritime pilots and reporting to the Director of the Vietnam Maritime Administration.

Article 7. Examination Committee for Final Examinations

1. The Examination Committee consists of from five to seven members, including:

a) A Superior Class Maritime Pilot with at least 36 months of experience as a Superior Class Maritime Pilot;

b) A Ship Master of vessels with a gross tonnage of 3,000 GT or higher, with at least 36 months of service in that position;

c) A reputable expert in maritime professional matters;

d) A representative of the Port Maritime Office and the Inland Waterway Port Office.

2. The Examination Committee for final examinations has the following tasks:

a) Organize questioning, grading, and compiling examination result reports as prescribed;

b) Recommend the Examination Board for Maritime Pilots to promptly correct errors in the examination questions;

c) Handle violations of examination rules within their authority and report to the Examination Board for Maritime Pilots.

Article 8. Conditions for Participation in Maritime Pilot Training Courses

1. Students participating in basic maritime pilot training courses must meet the following conditions:

a) Graduation from a university-level program in Marine Vessel Control;

b) Having served as a Deck Officer of vessels with a gross tonnage of 500 GT or higher for at least 12 months;

c) Meeting health standards as prescribed;

d)[6] Holding a Maritime English Certificate of Level 2 or higher as stipulated by the Minister of Transport or equivalent.

2.[7] Students participating in advanced maritime pilot training courses must meet the following conditions:

a) Possessing a degree from a university-level program in Marine Vessel Control;

b) Meet health standards as prescribed;

c) Holding a Maritime English Certificate of Level 3 as stipulated by the Minister of Transport or equivalent;

d) Holding a Second-Class National Certificate for Competent Maritime Pilot or equivalent;

đ) Independently leading ships safely for at least 300 trips as a Second-Class Maritime Pilot or having at least 24 months of service as a Second-Class Maritime Pilot with 200 safe ship leadings, confirmed by the pilot organization or the Port Maritime Office in the region for Vietnamese pilots holding a certificate issued by Vietnamese authorities; or confirmation by the management authority where the pilot works for Vietnamese pilots holding a certificate issued by foreign authorities or organizations.

3. Students participating in maritime pilot training courses for self-navigating ship masters must meet the following conditions:

a) Graduation from a college-level program in Marine Vessel Control;

b) Meet health standards as prescribed;

c)[8] Holding a Maritime English Certificate of Level 2 or higher as stipulated by the Minister of Transport;

d) Having at least 36 months of service as a Ship Master.

Article 9. Documents for Participation in Vessel Pilot Training Courses[9]

1. The documents for participation in basic vessel pilot training courses include:

a) Application form (for self-applicants) or a recommendation letter from the managing agency or organization;

b) Certified true copy of graduation certificate. For graduation certificates issued by foreign educational institutions, submit an additional certified true copy or a copy with the original for verification of the Certificate of Recognition of Academic Credentials as prescribed by the Ministry of Education and Training;

c) Certified true copy or a copy with the original for verification: Seafarer’s Record Book; Competency Certificate for Vessel Pilots issued by competent authorities in Vietnam or by competent authorities of countries or territories recognized by Vietnam for the recognition of professional certificates;

d) Certified true copy of English language certificate;

đ) Health certificate in accordance with regulations;

e) Curriculum vitae with confirmation from authorized agencies or organizations;

g) For Vietnamese citizens holding a Competency Certificate for Vessel Pilots issued by foreign agencies or organizations, submit the following additional documents:

Documents proving eligibility to participate in basic vessel pilot training courses as stipulated in a) The regional health examination board shall conduct preliminary health examinations for candidates who are young people outside the military or military personnel stationed in the area; the composition of the board shall comply with the provisions of Clause 1 of Article 8 of this Circular;;

A request for exemption or reduction and documents proving the contents that have been trained abroad corresponding to the curriculum of vessel pilot training courses as prescribed by the Minister of Transport;

2. The documents for participation in advanced vessel pilot training courses include:

a) A letter of request from the management organization;

b) Certified true copy of Competency Certificate for Vessel Pilots of Class Two or equivalent;

c) For Vietnamese citizens holding a Competency Certificate for Vessel Pilots issued by foreign agencies or organizations, submit the following additional documents:

Documents proving eligibility to participate in advanced vessel pilot training courses as stipulated in Clause 2 of Article 8 of this Circular;.

A request for exemption or reduction and documents proving the contents that have been trained abroad corresponding to the curriculum of vessel pilot training courses as prescribed by the Minister of Transport;

3. The documents for vessel pilot training courses for self-navigating ship captains include:

a) Application form (for those applying on their own initiative) or a letter of request from the management organization;

b) Certified true copy of graduation certificate. For graduation certificates issued by foreign educational institutions, submit an additional certified true copy of the Certificate of Recognition of Academic Credentials as prescribed by the Ministry of Education and Training;

c) Certified true copy: Seafarer’s Record Book; Competency Certificate for Ship Captains issued by competent authorities in Vietnam or by competent authorities of countries or territories recognized by Vietnam for the recognition of professional certificates;

d) Certified true copy of English language certificate;

đ) Health certificate in accordance with regulations;

e) Curriculum vitae with confirmation from authorized agencies or organizations.

Article 10. Recognition of Examination Results

1. Candidates who achieve a score of 5 or higher (out of 10 points) in all subjects will be recognized as having passed the examination.

2. The Director of the Vietnam Maritime Administration decides to recognize the completion of the vessel pilot training course based on the recommendation of the Chairman of the Vessel Pilot Examination Board.

Article 11. Conditions for Issuance of Competency Certificate for Vessel Pilots

1. Conditions for issuing a Class III Pilot License:

7. Supplementing Clause 3a after Clause 3 of Article 11 as follows:

b)[10] Having completed 400 safe vessel leadings or 200 safe vessel leadings within a minimum period of 36 months, confirmed by the pilot organization where the practical training took place and the local maritime port authority. In case of probationary pilots who have held the position of ship captain with a gross tonnage of 500 GT or more, they must complete 200 safe vessel leadings or 100 safe vessel leadings within a minimum period of 24 months, confirmed by the pilot organization where the practical training took place and the local maritime port authority.

2. Conditions for issuance of Competency Certificate for Vessel Pilots of Class Two for those already holding a Competency Certificate for Vessel Pilots of Class Three:

a) Having completed 300 safe vessel leadings as a Vessel Pilot of Class Three or having satisfactorily performed the duties of a Vessel Pilot of Class Three for a minimum of 24 months with 200 safe vessel leadings, confirmed by the pilot organization where the practical training took place and the local maritime port authority;

b)[11] Having completed 50 safe vessel leadings for ships with a gross tonnage over 5,000 GT or a maximum length over 115 meters; or having satisfactorily performed the duties of a Vessel Pilot of Class Two for a minimum of 12 months with 30 safe vessel leadings, confirmed by the pilot organization where the practical training took place and the local maritime port authority.

3. Conditions for issuance of Competency Certificate for Vessel Pilots of Class Two for those holding a Competency Certificate for Ship Captains with a gross tonnage of 3,000 GT or more and having held the position of ship captain for a minimum of 36 months:

7. Supplementing Clause 3a after Clause 3 of Article 11 as follows:

b)[12] Having completed 200 safe vessel leadings for ships with a gross tonnage over 5,000 GT or a maximum length over 115 meters; or having completed 100 safe vessel leadings within a minimum period of 12 months in the role of a probationary Vessel Pilot of Class Two, confirmed by the pilot organization where the practical training took place and the local maritime port authority.

4. Conditions for issuance of Competency Certificate for Vessel Pilots of Class One:

a) Having completed the advanced marine pilot training course;

b) Having completed 50 safe vessel leadings for ships with a gross tonnage over 10,000 GT or a maximum length over 145 meters; or having completed 30 safe vessel leadings within a minimum period of six months in the role of a probationary Vessel Pilot of Class One under the guidance of a Vessel Pilot with a Competency Certificate of Class One or higher, confirmed by the pilot organization where the practical training took place and the local maritime port authority.

5. Conditions for issuance of Extraordinary Competency Certificate for Vessel Pilots:

a) Holding a Competency Certificate for Vessel Pilots of Class One;

b) Having completed a minimum of 300 safe vessel leadings as a Vessel Pilot of Class One or 200 safe vessel leadings within a minimum period of 36 months, confirmed by the pilot organization where the practical training took place and the local maritime port authority;

c) Having completed 50 safe vessel leadings for ships with a gross tonnage over 20,000 GT or a maximum length over 175 meters; or having completed 30 safe vessel leadings within a minimum period of six months in the role of a probationary Extraordinary Vessel Pilot under the guidance of an Extraordinary Vessel Pilot, confirmed by the pilot organization where the practical training took place and the local maritime port authority.

6. Conditions for issuance of Competency Certificate for Vessel Pilots for self-navigating ship captains:

a) Completion of the marine pilot training course for self-navigating ship captains;

b) Possession of a valid Certificate of Professional Competence for Ship Captains;

c) Having completed a minimum of 12 safe vessel leadings within a period of six months, confirmed by the local maritime port authority.

Article 12. Procedures for Issuing the Certificate of Professional Competence for Marine Pilots[13]

1. The application dossier for issuing the Certificate of Professional Competence for Marine Pilots includes:

a) A letter from the marine pilot organization or the unit managing the ship captains according to the model prescribed in Appendix 3 of this Circular;

b) An application form according to the model prescribed in Appendix 4 of this Circular;;

c) Three examination forms on professional competence for marine pilots of Class Three, two examination forms for marine pilots of Class Two, First Class, and Extra Class, and one examination form for self-navigating ship captains according to the model prescribed in Appendix 5 of this Circular;

d) Two color photographs for cases where the application dossier is submitted directly or through postal service, one electronic file (file) photograph for cases where the application dossier is submitted through the online public service system, measuring 3cm x 4cm, with a white background, taken within the most recent six months;

đ) The original or certified copy or certified electronic copy derived from the original Health Certificate according to the regulations;

2. Organizations and individuals submit one set of application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In the case of direct submission, if the documents are incomplete according to regulations, they will be returned and the organization or individual will be instructed to complete the documents according to regulations;

b) In the case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the requirements, the Vietnam Maritime Administration will notify in writing no later than two working days from the date of receipt of the dossier;

c) No later than two working days from the date of receipt of the complete dossier according to the regulations, the Vietnam Maritime Administration sends a written request to the local maritime port office to confirm the number of safe pilotage operations. No later than three working days from the date of receipt of the Vietnam Maritime Administration's document, the local maritime port office sends a confirmation document to the Vietnam Maritime Administration;

4. No later than two working days from the date of receipt of the confirmation from the local maritime port office, the Vietnam Maritime Administration issues the Certificate of Professional Competence for Marine Pilots according to the model prescribed in Appendix 1 of this Circular. In cases where the conditions for issuing the Certificate of Professional Competence for Marine Pilots are not met, the Vietnam Maritime Administration must respond in writing and specify the reasons;

5. The Certificate of Professional Competence for Marine Pilots is issued one original copy for the marine pilot or ship captain.

Article 13. Conditions for Reissuing the Certificate of Professional Competence for Marine Pilots[14]

The Certificate of Professional Competence for Marine Pilots is reissued in cases of damage, loss, change of information, expiration, or nearing expiration of the validity period. In cases where the Certificate of Professional Competence for Marine Pilots is expiring or nearing expiration, the following conditions must be met:

1. Meeting the health standards as prescribed.

2. For marine pilots:

a) Having at least 200 safe pilotage operations within five years or at least 50 safe pilotage operations within twelve months immediately preceding the date of the reissue request (marine pilots conducting pilotage at offshore oil ports must have at least 40 safe pilotage operations within five years or at least ten safe pilotage operations within twelve months immediately preceding the date of the reissue request), confirmed by the pilot management organization and the local maritime port office;

b) In cases where the conditions stipulated in point a of this clause are not met, they must undergo at least thirty supervised pilotage operations under the guidance of chief pilots within three months immediately preceding the date of the reissue request, confirmed by the pilot organization managing and training them (the training location may differ from the operational area recorded in the Pilot License);

3. For self-navigating ship captains: having at least twelve safe self-navigating operations during the validity period of the Certificate of Professional Competence for Marine Pilots, confirmed by the management organization and the local maritime port office.

Article 14. Procedures for Reissuing the Certificate of Professional Competence for Marine Pilots[15]

1. The dossier for reissuing the Certificate of Professional Competence for Marine Pilots includes:

a) A request for reissuing the Certificate of Professional Competence for Marine Pilots, clearly stating the reasons and having the confirmation of the head of the marine pilot organization or the shipmaster management unit according to the model prescribed in Appendix 6 of this Circular;

b) The original or certified copy or certified electronic copy from the original of legal documents proving the adjustment for cases involving information changes;

c) Two color photographs for direct submission or via postal service, one file photograph for online submission through the public service system, size 3cm x 4cm, white background, taken within the last six months;

d) The original or certified copy or certified electronic copy from the original Health Certificate according to regulations; or the Health Certificate for Seafarers according to the Ministry of Health's regulations (for pilots over 62 years old);

2. Organizations and individuals submit one set of application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In the case of direct submission, if the documents are incomplete according to regulations, they will be returned and the organization or individual will be instructed to complete the documents according to regulations;

b) In the case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the requirements, the Vietnam Maritime Administration will notify in writing no later than two working days from the date of receipt of the dossier;

c) In cases of reissuing due to expiration or nearing expiration of the Certificate of Professional Competence for Marine Pilots: within the latest two working days from the date of receiving the complete dossier according to regulations, the Vietnam Maritime Administration shall send a letter to the Port Maritime Office in the relevant area requesting confirmation of the number of safe vessel leadings. Within the latest two working days from the date of receiving the Vietnam Maritime Administration’s letter, the Port Maritime Office in the relevant area shall send a confirmation letter to the Vietnam Maritime Administration;

4. Within the latest five working days from the date of receiving the complete dossier according to regulations or within the latest one working day from the date of receiving the confirmation letter of the Port Maritime Office in the relevant area (in cases requiring confirmation from the Port Maritime Office in the relevant area), the Vietnam Maritime Administration shall reissue the Certificate of Professional Competence for Marine Pilots according to the model prescribed in Appendix 1 of this Circular. In cases where the conditions for reissuing the Certificate of Professional Competence for Marine Pilots are not met, the Vietnam Maritime Administration must respond in writing and specify the reasons;

5. The reissued Certificate of Professional Competence for Marine Pilots (along with the Certificate of Professional Competence for Shipmasters) shall be issued one original copy for each marine pilot or shipmaster.

Article 15. Conditions for Issuing the Certificate of Operating Area for Marine Pilots

1. Possessing the Certificate of Professional Competence for Marine Pilots.

2. For marine pilots leading vessels at offshore oil ports, to obtain the Certificate of Operating Area for Marine Pilots, they must have completed at least 18 safe vessel leadings in that operating area and received confirmation from the pilot organization where the training took place and the Port Maritime Office in the relevant area.

Article 16. Procedures for Issuing the Certificate of Operating Area for Marine Pilots[16]

1. The dossier for issuing the Certificate of Operating Area for Marine Pilots includes:

a) A letter from the marine pilot organization or the unit managing the ship captains according to the model prescribed in Appendix 3 of this Circular;

b) A declaration according to the model prescribed in Appendix 4 of this Circular;

c) Two color photographs for direct submission or via postal service, one file photograph for online submission through the public service system, size 3cm x 4cm, white background, taken within the last six months;

2. Organizations and individuals submit one set of application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In the case of direct submission, if the documents are incomplete according to regulations, they will be returned and the organization or individual will be instructed to complete the documents according to regulations;

b) In the case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the requirements, the Vietnam Maritime Administration will notify in writing no later than two working days from the date of receipt of the dossier;

4. Within the latest two working days from the date of receiving the complete dossier according to regulations, the Vietnam Maritime Administration shall issue the Certificate of Operating Area for Marine Pilots according to the model prescribed in Appendix 2 of this Circular. In cases where the conditions for issuing the Certificate of Operating Area for Marine Pilots are not met, the Vietnam Maritime Administration must respond in writing and specify the reasons.

5. The Certificate of Operating Area for Marine Pilots shall be issued one original copy for each marine pilot or shipmaster.

Article 17. Conditions for Issuing the Certificate of Operating Area for Marine Pilots for Pilots Transferring Operating Areas; Marine Pilots Leading Vessels on New Routes in the Operating Area[17]

1. Marine pilots transferring operating areas must complete at least six months of training leading vessels safely in the new operating area with a minimum number of safe vessel leadings (confirmed by the pilot organization where the training took place and the Port Maritime Office in the relevant area) as follows:

a) 100 safe vessel leadings for the following operating areas: Quang Ninh (excluding the route leading vessels into Van Gia transshipment zone); Hai Phong - Thai Binh - Nam Dinh (excluding the routes leading vessels into Thai Binh and Nam Dinh seaports); Ho Chi Minh City - Dong Nai

- Binh Duong - Long An and Ba Ria - Vung Tau - Mekong River (excluding the route leading vessels through the Mekong River);

Clause 4. Within no more than two working days from the date of receiving all required documents, the Vietnam Maritime Administration shall issue the Certificate of Navigation Area for Marine Pilots for those transferring navigation areas. In cases where the conditions for issuing the Certificate of Navigation Area for Marine Pilots for those transferring navigation areas are not met, the Vietnam Maritime Administration must respond in writing and clearly state the reasons.

2. Marine pilots transferring to offshore oil ports must complete at least three months of training leading vessels safely with a minimum of 18 safe vessel leadings.

3. For marine pilots holding the Certificate of Operating Area for Marine Pilots in two or more areas, if returning to the previous operating area after more than twelve months, they must complete training with a minimum number of safe vessel leadings as follows:

a) Six ship leadings for marine pilots leading ships at offshore oil ports.

b) 30 safe vessel leadings for each remaining category of marine pilot.

4.[18] Marine pilots leading vessels on new routes in the operating area:

a) Must have a document from the competent authority assigning the provision of pilotage services on the new route within the pilotage area;

b) Possessing the Certificate of Professional Competence for Marine Pilots and completing 100 safe vessel leadings in the operating area.

Article 18. Procedures for issuing the Certificate of Navigation Area for marine pilots transferring their navigation area; marine pilots leading ships on new routes within the pilotage area.[19]

1. The application dossier for issuing the Certificate of Navigation Pilotage Area for marine pilots transferring to a new area of operation; marine pilots leading ships on new routes within the pilotage area includes:

a) A letter from the marine pilot organization according to the model prescribed in Appendix 3 of this Circular;

b) A declaration according to the model prescribed in Appendix 4 of this Circular;

c) Two color photographs for cases where the application is submitted directly or via postal service, one file (file) photograph for cases where the application is submitted through the online public service system, size 3cm x 4cm, white background, taken within the most recent six months.

2. Organizations and individuals submit one set of application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In the case of direct submission, if the documents are incomplete according to regulations, they will be returned and the organization or individual will be instructed to complete the documents according to regulations;

b) In the case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the requirements, the Vietnam Maritime Administration will notify in writing no later than two working days from the date of receipt of the dossier;

c) Within the latest two working days from the date of receiving a complete application as prescribed, the Vietnam Maritime Administration shall send a document to the Port Maritime Office at the bridge to confirm the number of ship leadings. Within the latest three working days from the date of receiving the document from the Vietnam Maritime Administration, the Port Maritime Office shall send a confirmation document to the Vietnam Maritime Administration.

4. Within the latest two working days from the date of receiving the confirmation from the Port Maritime Office, the Vietnam Maritime Administration shall issue the Certificate of Navigation Area for Marine Pilots according to the model prescribed in Appendix 2 of this Circular. In case the conditions for issuing the Certificate of Navigation Area for Marine Pilots are not met as prescribed, the Vietnam Maritime Administration must respond in writing and clearly state the reasons.

5. The Certificate of Navigation Area for Marine Pilots for those transferring their navigation area shall be issued one original copy to the marine pilot.

Article 19. (Repealed)[20]

Article 20. Procedures for reissuing the Certificate of Navigation Area for Marine Pilots[21]

1. The Certificate of Navigation Area for Marine Pilots shall be reissued in cases of damage, loss, change of information, or when reissuing the Certificate of Competency for Marine Crew Members.

2. The documents for reissuing the Certificate of Navigation Area for Marine Pilots include:

a) An application form for reissuing the Certificate of Navigation Area for Marine Pilots, stating the reason and having the confirmation of the head of the marine pilot organization or the management unit of the ship captain according to the model prescribed in Appendix 6 of this Circular;

b) The original or certified copy or certified electronic copy from the original of legal documents proving the adjustment for cases involving information changes;

c) Two color photographs for cases where the application is submitted directly or via postal service, one file (file) photograph for cases where the application is submitted through the online public service system, size 3cm x 4cm, white background, taken within the most recent six months.

3. Organizations and individuals submit one set of documents directly to the Vietnam Maritime Administration or send them through the postal service or the online public service system.

4. The Vietnam Maritime Administration receives the documents, checks the components and quantity of the documents as prescribed, registers them in the logbook, and schedules the return of results as prescribed.

a) In the case of direct submission, if the documents are incomplete according to regulations, they will be returned and the organization or individual will be instructed to complete the documents according to regulations;

b) In the case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the requirements, the Vietnam Maritime Administration will notify in writing no later than two working days from the date of receipt of the dossier;

5. Within the latest five working days from the date of receiving a complete application as prescribed, the Vietnam Maritime Administration shall reissue the Certificate of Navigation Area for Marine Pilots according to the model prescribed in Appendix 2 of this Circular. In case the conditions for reissuing the Certificate of Navigation Area for Marine Pilots are not met as prescribed, the Vietnam Maritime Administration must respond in writing and clearly state the reasons.

6. The reissued Certificate of Navigation Area for Marine Pilots shall be given one original copy to the marine pilot and the ship captain.

Article 21. Extension of Promotion Period and Revocation of Certificates

1. During the period of holding the position, if a marine pilot leading a ship causes a minor maritime accident due to fault, the promotion period of the marine pilot will be extended by three months; in case of a serious accident, the promotion period will be extended by six months; in case of a particularly serious accident, the promotion period will be extended by twelve months.

2.[22] Responsibilities of organizations and individuals applying for issuance or reissuance of certificates for marine pilots:

a) Organizations and individuals are responsible under the law for the legality and validity of the documents for administrative procedures;

b) The certificate already issued will be revoked upon discovery of the use of falsified or altered documents or false declarations of information in the documents for administrative procedures for issuance or reissuance of certificates;

c) The competent authority issuing the marine pilot certificate shall revoke the certificate upon discovery of violations as stipulated in point b, Clause 2 of this Article.

Article 22. Fees and Charges for Issuing Various Types of Certificates[23]

Fees and charges for issuing GCNKNCMHTHH and GCNVHĐHTHH shall be implemented in accordance with laws on fees and charges and guidelines issued by the Ministry of Finance..

Article 23. Responsibilities of the Vietnam Maritime Administration

Establishing the Marine Pilot Examination Council, recognizing graduation; issuing, reissuing, and revoking GCNKNCMHTHH and GCNVHĐHTHH in accordance with this Circular.

Article 24. Responsibilities of Marine Pilot Organizations

1. Organizing internships for marine pilots; examining marine pilots during their internship period; confirming the actual time spent leading vessels and the number of safe leadings for marine pilots or trainee marine pilots.

2. Assign marine pilots according to their GCNKNCMHTHH and GCNVHĐHTHH.

3. Temporarily suspending duties and handling disciplinary actions in accordance with applicable laws when marine pilots make errors leading to maritime accidents.

4. Continuously training and updating marine pilots on specialized knowledge, English, maritime safety, maritime security, and environmental pollution prevention.

5. Promptly proposing rewards to competent authorities for collectives and individuals who have outstanding achievements in marine pilot work.

6. Monitoring and confirming the internship process of marine pilots or captains leading their own vessels.

Article 25. Responsibilities of Regional Port Authorities

1. Supervising the activities of leading vessels into and out of ports and operations at sea ports by marine pilots to ensure maritime safety, maritime security, and environmental protection.

2. Confirm the number of safe ship-leading trips of maritime pilots and captains who lead their own ships.

3. The Director of the Regional Port Authority shall not allow captains to lead their own vessels in cases of bad weather or potential risks affecting maritime safety, maritime security, and environmental pollution prevention.

4.[24] Taking the lead and coordinating with units such as maritime safety assurance, port enterprises, ship owners, and marine pilot organizations to conduct surveys, evaluations, and propose plans for leading vessels on new routes within the marine pilot operation area.

Chapter III. IMPLEMENTING PROVISIONS[25]

Article 26. Effective date

1. This Circular takes effect from July 1, 2017;

2. Abolish the following Circulars:

a) Circular No. 36/2013/TT-BGTVT dated October 23, 2013, issued by the Minister of Transport regarding the training, issuance, and revocation of GCNKNCMHTHH and GCNVHĐHTHH.

b) Circular No. 16/2015/TT-BGTVT dated May 8, 2015, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 36/2013/TT-BGTVT dated October 23, 2013, issued by the Minister of Transport.

3. GCNKNCMHTHH and GCNVHĐHTHH issued according to Circular No. 36/2013/TT-BGTVT dated October 23, 2013, issued by the Minister of Transport regarding the training, issuance, and revocation of GCNKNCMHTHH and GCNVHĐHTHH, and the amended and supplemented Circular No. 16/2015/TT-BGTVT dated May 8, 2015, remain valid until the expiration date stated on the certificate.

Article 27. Implementation Organization

1. The Vietnam Maritime Administration is responsible for organizing the implementation of this Circular in coordination with relevant agencies.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.

ANNEX 1

MODEL OF CERTIFICATE OF MARITIME PILOTAGE COMPETENCY
(Issued together with Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport)

1. Model of Certificate of Maritime Pilotage Competency (front side)

(Size: 14 cm x 20 cm)

2. Model of Certificate of Maritime Pilotage Competency (back side)

(Size: 14 cm x 20 cm)

ANNEX 2

MODEL OF CERTIFICATE OF OPERATIONAL AREAS FOR MARITIME PILOTS
(Issued together with Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport)

1. Model of Certificate of Operational Areas for Maritime Pilots (front side)

(Size: 14 cm x 20 cm)

2. Model of Certificate of Operational Areas for Maritime Pilots (back side)

(Size: 14 cm x 20 cm)

ANNEX 3[26]

MODEL OF LETTER REQUESTING ISSUANCE OF CERTIFICATE OF MARITIME PILOTAGE COMPETENCY AND CERTIFICATE OF OPERATIONAL AREAS FOR MARITIME PILOTS
(Issued together with Circular No. 27/2016/TT-BGTVT dated October 12, 2016 of the Ministry of Transport)

Dear: Vietnam Maritime Administration

Based on Circular No.   /    /TT-BGTVT dated …issued by the Minister of Transport regarding the training, issuance, and revocation of GCNKNCMHTHH and GCNVHĐHTHH, Company …requests the Vietnam Maritime Administration to consider and issue GCNKNCMHTHH and GCNVHĐHTHH for the following gentlemen (ladies):

1. For Third-Class Maritime Pilots

Full name…Born on……/……./…

Personal identification number or ID card number: …

Completed basic marine pilot training course according to Decision No. …../QĐ-CHHVN dated…of….of …issued by the Director of the Vietnam Maritime Administration.

Number of GCNKNCM captain of merchant ships:…

Duration serving as ship captain: …months

Internship period for Third Class Marine Pilot:……months; number of internship leadings:……

Request for issuance of GCNKNCMHTHH: Third Class

Request for issuance of GCNVHĐHTHH: (Specifically state the name of the area and routes)………

2. For Second-Class Maritime Pilots

Full name…Born on……/……./…

Personal identification number or ID card number: …

Certificate of Competency for Third-Class Maritime Pilots No: …

Current Certificate of Operational Areas for Maritime Pilots No: …

Led ships on the following routes in the operational areas: … (Specify the specific name of the operational area and routes)

Time leading vessels using GCNKNCMHTHH Third Class:…months; number of leadings:…

Certificate of Competency for Master of Seagoing Vessels:…

Time serving as Captain of Merchant Ships: …months

Internship period for Second Class Marine Pilot:…months; number of internship leadings:…

Request for issuance of GCNKNCMHTHH: Second Class

Request for issuance of GCNVHĐHTHH: (Specify the specific name of the operational area and routes)…

3. For First-Class Maritime Pilots

Full name…Born on……/……./…

Personal identification number or ID card number: …

Completed advanced marine pilot training course according to Decision No. …/QĐ- CHHVN dated….of….of …issued by the Director of the Vietnam Maritime Administration.

Certificate of Competency for Second-Class Maritime Pilots: …

Current Certificate of Operational Areas for Maritime Pilots No: …

Led ships on the following routes in the operational areas: … (Specify the specific name of the operational area and routes)

Internship period for First Class Marine Pilot: …months; number of leadings: ………

Request for issuance of GCNKNCMHTHH: First Class

Request for issuance of GCNVHĐHTHH: (Specify the specific name of the operational area and routes)

4. For Extraordinary Marine Pilots

Full name…Born on……/……./…

Personal identification number or ID card number: …

Number of Extraordinary Marine Pilot License Grade One: …

Current Certificate of Operational Areas for Maritime Pilots No: …

Led ships on the following routes in the operational areas: … (Specify the specific name of the operational area and routes)

Time leading vessels using GCNKNCMHTHH First Class: …months; number of leadings:…..

Duration of Extraordinary Marine Pilot internship: ……. months; number of internship ship guiding trips…

Request for issuance of GCNKNCMHTHH: Outstanding Class

Request for issuance of GCNVHĐHTHH: (Specifically state the name of the area and routes) …

5. For Self-Guiding Ship Captains

Full name…Born on……/……./…

Personal identification number or ID card number: …

Completed basic marine pilot training course according to Decision No. …../QĐ-CHHVN dated…of….of …issued by the Director of the Vietnam Maritime Administration.

Number of Marine Captain License: …

Duration serving as ship captain: …months

Time leading vessels: …….months; number of safe leadings:……

Request for issuance of GCNKNCMHTHH: Self-Leading Captain.

Request for issuance of GCNVHĐHTHH: (specify the name of the area and the routes for guiding ships) ………

The accompanying documents include:

.......................................................…………………………….…………….........…

.......................................................…………………………….…………….........…

Please consider and resolve./.

- Note:

Provide complete information corresponding to the requested pilot class.

(1) Marine Pilot Organization or unit managing captains.

ANNEX 4[27]

SAMPLE FORM FOR THE LIST OF SHIPS, SAFE TOWING TIME, PRACTICE TOWING TIME
(Issued together with Circular No. 27/2016/TT-BGTVT dated October 12, 2016 of the Ministry of Transport)

APPLICATION FORM

Full name of Marine Pilot/Captain: …

Date of birth: …day…month…year…

Personal identification number or ID card number: …

Attended specialized training on... day... month... year:

Number of Seafarer Competency Certificate: ...

Number of Seafarer Route Certificate: ...

Number of Master's Seafarer Competency Certificate: ...

Permitted towing area: ...

................................................................................................................................

................................................................................................................................

................................................................................................................................

Below is the list of ships, safe towing time of the pilot, master ...: 

Below is the list of ships, practice towing time of the pilot, master ...: 

Note:

Tick √ in the box  corresponding and fill in all required information.

(1) Marine Pilot Organization or unit managing captains.

(2) Only applicable to masters.

ANNEX 5[28]

SAMPLE APPLICATION FOR PROFESSIONAL SKILLS ASSESSMENT/ EVALUATION OF MARINE PILOTS
(Issued together with Circular No. 27/2016/TT-BGTVT dated October 12, 2016 of the Ministry of Transport)

ASSESSMENT SHEET/ EVALUATION OF PROFESSIONAL COMPETENCE

Full name of the assessed Marine Pilot: …

Personal identification number or ID card number: …

Position: …

Number of Marine Pilot License of the assessed Marine Pilot: …

Number of Marine Pilot Training Certificate of the assessed Marine Pilot:…

Full name of the person being assessed: …

Date of birth: …day…month…year…

Personal identification number or ID card number: …

Attended specialized training on... day... month... year:

Position: …

Number of Seafarer Competency Certificate: ...

Number of Seafarer Route Certificate:...

Seafarer Competency Certificate of master...Number...

Date of assessment/evaluation of towing:...time from:...to: ...

Ship name: …GT:…LOA:…m

Assessment/guiding trip route: …

..................................................................................................................................

Assessment result:

Communication skills: Vietnamese:…points; English:…points (1)

Compliance International Regulations for Preventing Collisions at Sea: ...points (1)

Ship maneuvering skills: …points (1)

Posture, demeanor: (Pass/Fail)…

Other comments: …

…………………………………………………………………………….………

Note: (1) Scale of 10 points.

ANNEX 6[29]

SAMPLE APPLICATION FOR RENEWAL
CERTIFICATE OF PROFESSIONAL COMPETENCE FOR PILOT, AREA OF OPERATION CERTIFICATE FOR PILOT
(Issued together with Circular No. 27/2016/TT-BGTVT dated October 12, 2016 of the Ministry of Transport)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

..., day ... month ... year ...

PETITION FOR APPLICATION

Dear: Vietnam Maritime Administration

Name: ................................................... Male/Female: ...

Date of birth: …day…month…year…

Personal identification number or ID card number: …

Position: …

Attended specialized training on... day... month... year:

Seafarer Competency Certificate category: ...Number: ...

Seafarer Route Certificate category: ...Number: ...

Seafarer Competency Certificate of master...Number...

Request:

Renewal               Seafarer Competency Certificate         Seafarer Route Certificate

Reason for renewal (lost, damaged, nearing expiry...): ...

Towing on routes within the pilotage area (specify the area and routes):

……...........................................................................................................................................

Number of safe tows: ...; during period ... months, from month... year... to month ... year

...; in pilotage areas ..., on routes: ... (1)

Number of practice tows in pilotage areas ..., on routes ...; during period ... months, from month ... year ... to ... month .... year .... (2)

Attached documents include: ...

We certify that the above information is true. If false, we will be responsible under the law.

Please consider and resolve./.

Note:

- Tick √ in the box  corresponding and fill in all required information.

- In case of applying for renewal of Seafarer Competency Certificate, Seafarer Route Certificate when meeting the number of safe tows as prescribed: complete the contents in section (1) (3).

- In case of applying for renewal of Seafarer Competency Certificate, Seafarer Route Certificate when meeting the number of practice tows as prescribed: complete the contents in sections (2) (3), (4)