Circular No. 06/2009/TT-BGTVT stipulates on training, issuing, and revoking certificates of seafarer pilot professional competence and certificates of seafarer pilot operational areas.

CIRCULAR

Regulations on training, issuing, and revoking Certificates of Professional Competence for Marine Pilots and Certificates of Pilotage Areas for Marine Pilots

 and Certificates of Pilotage Areas for Marine Pilots

 ____________________________

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport shall stipulate regulations on training, issuing, and revoking Certificates of Professional Competence for Marine Pilots (hereinafter referred to as "GCNKNCMHTHH") and Certificates of Pilotage Areas for Marine Pilots (hereinafter referred to as "GCNVHĐHTHH") as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates regulations on training, issuing, and revoking Certificates of Professional Competence for Marine Pilots (hereinafter referred to as "GCNKNCMHTHH") and Certificates of Pilotage Areas for Marine Pilots (hereinafter referred to as "GCNVHĐHTHH").

2. This Circular applies to marine pilots, pilot organizations, and agencies, organizations, and individuals related to training, issuing, and revoking Certificates of Professional Competence for Marine Pilots and Certificates of Pilotage Areas for Marine Pilots.

Article 2. Certificate of Professional Competence for Marine Pilots and Certificate of Pilotage Areas for Marine Pilots

1. The GCNKNCMHTHH is a certificate issued to marine pilots who meet the provisions set forth in Chapter II of this Circular. A marine pilot holding a GCNKNCMHTHH of a certain grade may only lead ships within the limits of that grade.

2. The GCNVHĐHTHH is a certificate issued to marine pilots, specifying the areas where they are permitted to practice their profession. A marine pilot may only lead ships in the pilotage areas specified in the GCNVHĐHTHH.

3. The format of the GCNKNCMHTHH is prescribed in Appendix 1, and the format of the GCNVHĐHTHH is prescribed in Appendix 2 of this Circular.

TRAINING, TESTING, ISSUING CERTIFICATES OF PROFESSIONAL COMPETENCE FOR MARINE PILOTS AND CERTIFICATES OF PILOTAGE AREAS FOR MARINE PILOTS

1. Grade Three Marine Pilot:

A Grade Three Marine Pilot is authorized to lead various types of ships with a total gross tonnage under 4,000 GT or a maximum length up to 115 meters.

2. Grade Two Marine Pilot:

A Grade Two Marine Pilot is authorized to lead various types of ships with a total gross tonnage under 10,000 GT or a maximum length up to 145 meters.

3. Grade One Marine Pilot:

A Grade One Marine Pilot is authorized to lead various types of ships with a total gross tonnage under 20,000 GT or a maximum length up to 175 meters.

4. Distinguished Grade Marine Pilot:

A Distinguished Grade Marine Pilot is authorized to lead all types of ships.

Chapter II

TRAINING, EXAMINATION, AND ISSUANCE OF CERTIFICATES OF PROFESSIONAL COMPETENCE FOR MARINE PILOTS

 AND CERTIFICATES OF PILOTAGE AREAS FOR MARINE PILOTS

Article 4. Training program for marine pilots

1. The training program for marine pilots includes:

e) Bridge resource management;

b) The advanced training program for marine pilots is a program applied to upgrade a pilot from Grade Two to Grade One;

c) Conducting the examination for upgrading a Grade Three pilot to Grade Two and a Grade One pilot to Distinguished Grade.

h) International Regulations for Preventing Collisions at Sea;

a) Vietnamese laws, international conventions related to maritime safety, maritime security, and prevention of environmental pollution;

3. Implement the examination and promotion of grades from Grade Three to Grade Two and from Grade One to Distinguished Grade.

c) Skills in maneuvering ships;

d) The mandatory pilotage zone of Vietnam;

 d) Professional English for marine pilots.

Article 5. Training Institutions and Practical Training for Marine Pilots

1. The training institution for marine pilots (hereinafter referred to as the training institution) is a maritime university or college offering a major in Ship Control.

2. Duties and powers of the training institution:

a) Organizing admissions and training according to the approved marine pilot training program by the Ministry of Transport;

b) Researching and improving teaching methods, enhancing the quality of training; proposing to the competent authority to amend and supplement the marine pilot training program to be appropriate;

c) Collecting and using tuition fees in accordance with regulations.

3. Marine pilots and trainee marine pilots shall undergo practical training at marine pilot organizations.

4. Duties of the pilot organization:

Organizing practical training for marine pilots and confirming the actual time spent leading ships and the number of safe ship leads for marine pilots or pilot trainees.

Article 6. Examination Board for Marine Pilots

1. The Director of the Vietnam Maritime Administration decides on the establishment of the Examination Board for Marine Pilots.

2. The Marine Pilot Examination Board consists of five to seven members, including: The Chairman of the Board is the leader of the Vietnam Maritime Administration, members are representatives of the Department of Organization and Cadres (Ministry of Transport), and leaders of relevant functional departments of the Vietnam Maritime Administration, pilot organizations, and training institutions.

3. The Examination Board for Marine Pilots is responsible for organizing final examinations for basic marine pilot training courses and advanced marine pilot training courses.

4. The Examination Board for Marine Pilots has the following tasks:

a) Reviewing the list of candidates based on 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 grade of marine pilot and pilotage area; recommending adjustments and updates to the questions to better reflect reality;

c) Directing and inspecting examinations;

d) Handling incidents occurring during examinations (if any);

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

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

g) Compiling opinions from training institutions, students, and pilot organizations regarding the organization, programs, and procedures of marine pilot training courses and reporting to the Director of the Vietnam Maritime Administration.

Article 7. Examination Board for Graduation Examinations

1. The Examination Board shall consist of from three to five members, meeting one of the following professional standards:

a) A Senior Pilot with at least three years of experience as a Senior Pilot;

b) A Master of a sea vessel with a gross tonnage of 3,000 GT or more, having held the position for at least three years;

c) A professional expert with recognized expertise in maritime affairs.

2. The Examination Committee for Final Examinations has the following tasks:

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

b) Recommending the Examination Board for Marine Pilots to promptly correct errors in the examination questions;

c) Handling violations of examination rules within their authority and reporting to the Examination Board for Marine Pilots.

Article 8. Conditions for Participation in Maritime Pilot Training Courses

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

a) Graduated from a maritime college with a major in Ship Control at a level of associate degree or higher; completed supplementary courses in subjects not covered in the major at other maritime colleges or vocational schools that issue certificates for Masters of vessels with a gross tonnage of 3,000 GT or more;

b) Meeting health standards as prescribed;

c) Completed an English language program at level B or higher;

d) Completed the ARPA operations training course;

2. Students participating in advanced marine pilot training courses must meet the following conditions:

a) Graduating from a maritime university with a degree in Marine Vessel Control or higher;

b) Meeting health standards as prescribed;

c) Completed an English language program at level C or higher;

d) Holding a Second-Class Competency Certificate for Marine Pilot;

đ) Independently piloted ships safely for at least 200 times in the capacity of a Second Class Pilot or had at least 24 months of satisfactory performance as a Second Class Pilot, confirmed by the pilot organization and the Marine Port Authority in the region;

Article 9. Recognition of Examination Results

1. Candidates who pass all examination subjects as required (scoring 5 or above on a scale of 10) will be recognized as having successfully completed either the basic or advanced maritime pilot training course.

In cases where candidates only pass some subjects, the results of these subjects will be retained for one year from the date of announcement of examination results.

2. The Director of the Vietnam Maritime Administration decides to recognize successful completion of the basic or advanced maritime pilot training course based on the recommendation of the Chairman of the Maritime Pilot Examination Board.

Article 10. Conditions for Issuance of Certificate of Competency for Maritime Pilot

To be issued a Certificate of Competency for Maritime Pilot, a pilot must meet the following conditions:

1. Third Class Certificate of Competency for Maritime Pilot:

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

b) Has undergone practical training as a Third Class Pilot under the guidance of a pilot already holding a Certificate of Competency for Maritime Pilot, with at least 300 safe ship piloting instances or at least 36 months with a minimum of 150 safe ship piloting instances, confirmed by the pilot organization providing the training and the Marine Port Authority in the region.

For probationary pilots who have served as officers on vessels with a gross tonnage of 500 GT or more, they must complete at least 200 safe ship piloting instances or at least 18 months with a minimum of 100 safe ship piloting instances; if the probationary pilot has served as a Master of a vessel with a gross tonnage of 500 GT or more, they must complete at least 150 safe ship piloting instances or at least 15 months with a minimum of 75 safe ship piloting instances, confirmed by the pilot organization providing the training and the Marine Port Authority in the region.

2. Second Class Certificate of Competency for Maritime Pilot:

a) For pilots already holding a Third Class Certificate of Competency for Maritime Pilot:

i. Have independently piloted ships safely for at least 200 times in the capacity of a Third Class Pilot or had at least 24 months of satisfactory performance as a Third Class Pilot with a minimum of 100 safe ship piloting instances, confirmed by the pilot organization providing the training and the Marine Port Authority in the region;

ii. Have completed at least 30 safe ship piloting instances for vessels with a gross tonnage of 4,000 GT or a maximum length of 115 meters, or at least 12 months of practical training as a Second Class Pilot with a minimum of 15 safe ship piloting instances, confirmed by the pilot organization providing the training and the Marine Port Authority in the region.

b) For individuals holding a certificate of professional capability as a Master of a vessel with a gross tonnage of 3,000 GT or more and having held the position for at least 36 months, they may be considered for issuance of a Second Class Certificate of Competency for Maritime Pilot, provided they meet the following conditions:

i. Have completed the basic maritime pilot training course;

ii. Have completed at least 150 safe ship piloting instances for vessels with a gross tonnage of 4,000 GT or a maximum length of 115 meters in the capacity of a Second Class Pilot trainee, or at least 12 months of practical training as a Second Class Pilot with a minimum of 75 safe ship piloting instances, confirmed by the pilot organization providing the training and the Marine Port Authority in the region.

3. First Class Certificate of Competency for Maritime Pilot:

b) Having completed at least 50 safe vessel leads for ships with a gross tonnage of 10,000 GT and a maximum length of 145 meters, or having completed at least 06 months of practical training as a Class One maritime pilot under the guidance of a maritime pilot holding a CPMCMP Class One or higher, with at least 30 safe vessel leads, confirmed by the pilot organization where the training took place and the local maritime port authority.

b) Have completed at least 30 safe ship piloting instances for vessels with a gross tonnage of 10,000 GT or a maximum length of 145 meters, or at least six months of practical training as a First Class Pilot trainee with a minimum of 15 safe ship piloting instances under the guidance of a pilot holding a First Class or higher Certificate of Competency for Maritime Pilot, confirmed by the pilot organization providing the training and the Marine Port Authority in the region.

4. Senior Certificate of Competency for Maritime Pilot:

b) Having independently led at least 300 safe vessel leads as a Class One maritime pilot or having satisfactorily performed the duties of a Class One maritime pilot for at least 36 months with at least 200 safe vessel leads, confirmed by the pilot organization where the training took place and the local maritime port authority;

b) Have independently piloted ships safely for at least 300 times in the capacity of a First Class Pilot or had at least 36 months of satisfactory performance as a First Class Pilot with a minimum of 150 safe ship piloting instances, confirmed by the pilot organization providing the training and the Marine Port Authority in the region;

c) Have completed at least 30 safe ship piloting instances for vessels with a gross tonnage of 20,000 GT or at least six months of practical training as a Senior Pilot trainee with a minimum of 15 safe ship piloting instances under the guidance of a Senior Pilot, confirmed by the pilot organization providing the training and the Marine Port Authority in the region.

Article 11. Issuance of the Certificate of Competency for Marine Pilotage Services

1. A marine pilot who has completed training leading ships in which pilotage zone shall be issued the Certificate of Competency for Marine Pilotage Services in that zone. The Certificate of Competency for Marine Pilotage Services shall have the same period of validity as the Certificate of Competency for Marine Navigation.

2. Conditions for issuing the Certificate of Competency for Marine Pilotage Services:

Hold the Certificate of Competency for Marine Navigation. For a marine pilot leading ships at offshore oil ports to obtain the Certificate of Competency for Marine Pilotage Services, they must complete at least five safe ship-leading practices in that pilotage zone and be confirmed by the pilot organization where the training was conducted and the Maritime Port Office in the region.

3. Transfer of Marine Pilotage Zones:

In cases where a marine pilot transfers to another pilotage zone, they must complete at least six months of training leading ships safely in the new pilotage zone with a minimum number of safe ship leadings (confirmed by the pilot organization where the training was conducted and the Maritime Port Office in the region) according to the following regulations:

a) 100 ship leadings for the following pilotage zones: Quang Ninh (excluding the route leading ships into Van Gia transfer area), Hai Phong - Thai Binh - Nam Dinh (excluding routes leading ships 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 ships 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.

Article 12. Extension, Replacement, and Reissue of Certificates of Competency for Marine Navigation and Marine Pilotage Services

1. The Certificate of Competency for Marine Navigation has a period of validity of five years from the date of issuance.

2. The Certificate of Competency for Marine Navigation and Marine Pilotage Services can be extended or reissued when the marine pilot meets the following conditions:

a) Having a health certificate as prescribed;

b) Having held the position of marine pilot corresponding to the issued Certificate of Competency for Marine Navigation for at least twenty-four months within five years. If less than twenty-four months, they must undergo additional training for at least three months.

3. The Certificate of Competency for Marine Navigation and Marine Pilotage Services can only be replaced or reissued in the following cases:

a) Lost;

b) Damaged.

The replaced or reissued Certificate of Competency for Marine Navigation and Marine Pilotage Services must contain the same information as the lost or damaged certificates and have the same remaining period of validity.

Article 13. Documents for Participation in Training Courses and Application for Certificates of Competency for Marine Navigation and Marine Pilotage Services

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

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

b) A certified copy of the graduation diploma in the relevant field;

c) A certified copy of the certificate of completion of supplementary subjects for those graduating from non-maritime schools in the field of Ship Control;

d) A certified copy of the English proficiency certificate;

đ) Health certificate;

e) A certified copy of the ARPA training certificate;

g) A detailed curriculum vitae with confirmation from the management authority or local government office of the registered domicile.

2. Documents for participation in advanced marine pilot training courses include the following papers:

In addition to the documents specified in Clause 1 of this Article, applicants must also provide the following documents:

a) A certified copy of the Second Class Certificate of Competency for Marine Navigation;

b) Confirmation of ship-leading activities as stipulated in Point đ Clause 2 Article 8 of this Circular.

3. Documents for application for Certificates of Competency for Marine Navigation and Marine Pilotage Services include:

a) A letter accompanied by a list of applications from the marine pilot training organization, specifying the specific pilotage zone of the applicant;

b) Three examination forms assessing the professional competence of marine pilots for Third Class marine pilots. Two examination forms for Second Class, First Class, and Extra Class marine pilots;

c) A list of time or number of safe ship-leading practices with confirmation from the pilot organization where the training was conducted and the Maritime Port Office in the region;

d) Three 3x4 photos taken within the last six months (the back of the photo clearly states full name, date of birth, place of birth).

4. Documents for issuance of the Certificate of Competency for Marine Pilotage Services for marine pilots transferring to a different pilotage zone include:

a) Certificate of Competency for Marine Navigation;

b) A request letter from the head of the marine pilot organization specifying the pilotage zone for issuance of the Certificate of Competency for Marine Pilotage Services;

c) Confirmation of time spent on safe ship-leading practices and the number of safe ship leadings in the new pilotage zone from the pilot organization where the training was conducted and the Maritime Port Office in the region;

d) Three 3x4 photos taken within the last six months (the back of the photo clearly states full name, date of birth, place of birth).

5. Documents for extension, replacement, and reissue of Certificates of Competency for Marine Navigation and Marine Pilotage Services include:

a) A request letter for extension, replacement, or reissue of Certificates of Competency for Marine Navigation and Marine Pilotage Services, stating the reasons and confirmed by the head of the marine pilot organization or competent authority;

b) The Certificate of Competency for Marine Navigation and Marine Pilotage Services requiring extension or replacement;

c) Three 3x4 photos taken within the last six months (the back of the photo clearly states full name, date of birth, place of birth).

Article 14. Responsibilities of the Vietnam Maritime Administration

2. Annually, based on planning, training needs, and internships for maritime pilots, the Director of the Vietnam Maritime Administration assigns training and internship activities for maritime pilots to relevant training institutions and organizations.

2. Annually, based on planning, training needs, and maritime pilot internship requirements, the Director of the Vietnam Maritime Administration shall assign training institutions and maritime pilot organizations to organize training and internships for maritime pilots.

3. Issue, revoke GCNKNCMHTHH and GCNVHĐHTHH in accordance with the provisions of this Circular and other relevant legal regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect 45 days from the date of signature and replaces Decision No. 52/2005/QĐ-BGTVT dated October 27, 2005 of the Minister of Transport regarding standards for training, issuing, and revoking certificates of professional competence for maritime pilots and certificates of areas of operation for maritime pilots.

2. The GCNKNCMHTHH and GCNVHĐHTHH issued under Decision No. 52/2005/QĐ-BGTVT dated October 27, 2005 of the Minister of Transport will continue to be valid until their expiration dates as stated on the certificates.

3. Training programs established under Decision No. 52/2005/QĐ-BGTVT dated October 27, 2005 of the Minister of Transport will remain valid until the Ministry of Transport approves new training programs in accordance with this Circular.

Article 16. Implementation Organization

1. The Vietnam Maritime Administration shall be responsible for implementing this Circular.

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