Circular No. 10/2011/TT-BGTVT amends and supplements certain provisions of Circular No. 06/2009/TT-BGTVT dated June 18, 2009, issued by the Minister of Transport on training, issuing, and revoking the Certificate of Professional Competence for Marine Pilots and the Certificate of Pilotage Area for Marine Pilots.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 06/2009/TT-BGTVT dated June 18, 2009, issued by the Minister of Transport regarding training, issuance, and revocation of the Certificate of Professional Competence for Marine Pilots and the Certificate of Pilotage Area for Marine Pilots.

The Minister of Transport hereby promulgates the following:

Amending and supplementing certain Articles of Circular No. 06/2009/TT-BGTVT dated June 18, 2009, issued by the Minister of Transport regarding training, issuance, and revocation of the Certificate of Professional Competence for Marine Pilots and the Certificate of Pilotage Area for Marine Pilots (hereinafter referred to as Circular No. 06/2009/TT-BGTVT):

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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 hereby provides as follows:

Article 1. Amending and supplementing certain Articles of Circular No. 06/2009/TT-BGTVT dated June 18, 2009, issued by the Minister of Transport, on training, issuing, and revoking certificates of professional competence for marine pilots and areas of operation for marine pilots (hereinafter referred to as Circular No. 06/2009/TT-BGTVT):

1. Article 10 shall be amended and supplemented as follows:

"Article 10. Procedures for Issuing the Certificate of Professional Competence for Marine Pilots:

1. The Certificate of Professional Competence for Marine Pilots (hereinafter referred to as the Certificate of Professional Competence):

a) The Certificate of Professional Competence includes Class Three, Class Two, Class One, and Senior Classes;

b) The validity period of the Certificate of Professional Competence is five years from the date of issuance;

c) The Certificate of Professional Competence shall be issued with one original copy to the marine pilot.

2. The subjects eligible for issuance of the Certificate of Professional Competence are marine pilots who meet the provisions set forth in Article Add

3. Conditions for Issuance of the Certificate of Professional Competence:

a) Conditions for Issuance of the Certificate of Professional Competence Class Three:

i. Having completed the basic marine pilot training course;

ii. Having undergone practical training as a Class Three marine pilot under the guidance of a marine pilot holding a Certificate of Professional Competence with at least 300 safe vessel leadings or at least 36 months with a minimum of 150 safe vessel leadings, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region.

For probationary marine pilots who have held the position of officer on board ships with a gross tonnage of 500 GT or more, they must complete a minimum of 200 safe vessel leadings or at least 18 months with a minimum of 100 safe vessel leadings; in the case of probationary marine pilots who have held the position of captain on board ships with a total gross tonnage of 500 GT or more, they must complete a minimum of 150 safe vessel leadings or at least 15 months with a minimum of 75 safe vessel leadings, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region.

b) Conditions for Issuance of the Certificate of Professional Competence Class Two:

i. For marine pilots already holding a Certificate of Professional Competence Class Three:

- Having independently led vessels safely for at least 200 times in the capacity of a Class Three marine pilot or having served well in the role of a Class Three marine pilot for at least 24 months with a minimum of 100 safe vessel leadings, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region;

- Having completed at least 30 safe vessel leadings for ships with a gross tonnage of 4000 GT or a maximum length of 115 meters, or having undergone practical training as a Class Two marine pilot for at least 12 months with a minimum of 15 safe vessel leadings, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region.

ii. For individuals holding a Certificate of Professional Competence for Ship Master with a gross tonnage of 3000 GT or more and having served in the position of ship master for at least 36 months, they may be considered for issuance of a Certificate of Professional Competence Class Two, but must meet the following conditions:

- Having completed the basic marine pilot training course;

- Having completed at least 150 safe vessel leadings for ships with a gross tonnage of 4000 GT or a maximum length of 115 meters in the capacity of a Class Two marine pilot trainee, or having undergone practical training as a Class Two marine pilot for at least 12 months with a minimum of 75 safe vessel leadings, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region.

c) Conditions for Issuance of the Certificate of Professional Competence Class One:

i. Having completed advanced marine pilot training;

ii. Having completed at least 30 safe vessel leadings for ships with a gross tonnage of 10,000 GT or a maximum length of 145 meters, or undergoing practical training as a Class One marine pilot for at least six months with a minimum of 15 safe vessel leadings under the guidance of a marine pilot holding a Certificate of Professional Competence Class One or higher, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region;

d) Conditions for Issuance of the Certificate of Professional Competence Senior Class:

i. Holding a Certificate of Professional Competence Class One;

ii. Having independently led vessels safely for at least 300 times in the capacity of a Class One marine pilot or having served well in the role of a Class One marine pilot for at least 36 months with a minimum of 150 safe vessel leadings, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region;

iii. Having completed at least 30 safe vessel leadings for ships with a gross tonnage of 20,000 GT or six months with a minimum of 15 safe vessel leadings under the guidance of a marine pilot holding a Senior Class Certificate of Professional Competence, confirmed by the pilot organization where the training took place and the Maritime Port Office in the region.

4. Documents Required for Issuance of the Certificate of Professional Competence:

a) The documents required for issuance of the Certificate of Professional Competence include:

i. A letter accompanied by a list of applicants for practical training guidance from the pilot organization according to the model prescribed in Appendix 3 of this Circular, specifying in detail the pilotage area, the time or number of safe vessel leadings of the applicant pilot (confirmed by the Maritime Port Office in the region according to the model prescribed in Appendix 4 of this Circular); ii. Three certificates of professional competence assessment for Class Three marine pilots (two certificates for Class Two, Class One, and Senior Class marine pilots) according to the model prescribed in Appendix 5 of this Circular;

iii. Two color photographs measuring 3 x 4 cm taken within the last six months (the back of the photograph should clearly state the full name, date of birth, and place of birth). b) One set of documents must be submitted.

5. Method of submitting documents: organizations and individuals submit the documents directly to the Vietnam Maritime Administration or send them through the postal service.

6. Procedure for receiving and processing documents:

5. Method of submitting applications: organizations and individuals shall directly submit their applications to the Vietnam Maritime Administration or send them through the postal service.

6. Procedure for receiving and processing applications:

a) The Vietnam Maritime Administration receives the application file, checks the components and quantity of the file according to regulations, registers it in the logbook, and schedules the issuance of the result within the prescribed time limit (in case of direct submission, if the file does not meet the requirements, return the file and guide organizations and individuals to complete the file according to regulations);

b) In the case of receiving the application file through the postal system, if the file does not meet the requirements, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

c) In cases where the conditions for issuing the Certificate of Competency for Marine Pilot are not met according to regulations, respond in writing and clearly state the reasons.

7. Time limit for issuing the Certificate of Competency for Marine Pilot: at the latest seven working days from the date of receipt of the complete application file according to regulations, the Vietnam Maritime Administration issues the Certificate of Competency for Marine Pilot according to the model in Appendix 1 of this Circular.

8. The authority issuing the Certificate of Competency for Marine Pilot is the Vietnam Maritime Administration.”

2. Article 11 shall be amended and supplemented as follows:

“Article 11. Procedures for Issuing the Certificate of Marine Pilot Operating Area

1. The Certificate of Marine Pilot Operating Area (hereinafter referred to as the Certificate of Operating Area):

a) A marine pilot who has completed training leading ships in a specific marine pilot operating area shall be issued the Certificate of Operating Area in that area;

b) The validity period of the Certificate of Operating Area corresponds to the validity period of the Certificate of Competency for Marine Pilot;

c) The Certificate of Operating Area is issued one original copy to the marine pilot.

2. The subjects eligible for the Certificate of Operating Area for marine pilots transferring operating areas are marine pilots.

3. Conditions for issuing the Certificate of Operating Area:

a) Possessing the Certificate of Competency for Marine Pilot;

b) For marine pilots leading ships at offshore oil ports to obtain the Certificate of Operating Area, they must complete at least five safe ship-leading practices on the route in the marine pilot operating area and be confirmed by the pilot organization where the practice was conducted and the maritime port inspection agency in the region.

4. Application files for the Certificate of Operating Area:

a) The application file for the Certificate of Operating Area includes:

i. A letter with the attached list of requests for pilot training guidance organizations according to the model specified in Appendix 1 of this Circular, specifying in detail the marine pilot operating area requested, the time or number of safe ship-leading practices of the pilot requested (with confirmation from the regional port inspection agency);

ii. A copy of the Certificate of Competency for Marine Pilot c) In cases where the conditions for issuing the Certificate of Operating Area are not met according to regulations, respond in writing and clearly state the reasons.;

5. Method of submitting documents: organizations and individuals submit the documents directly to the Vietnam Maritime Administration or send them through the postal service.

6. Procedure for receiving and processing documents:

5. Method of submitting applications: organizations and individuals shall directly submit their applications to the Vietnam Maritime Administration or send them through the postal service.

6. Procedure for receiving and processing applications:

a) The Vietnam Maritime Administration receives the application file, checks the components and quantity of the file according to regulations, registers it in the logbook, and schedules the issuance of the result within the prescribed time limit (in case of direct submission, if the file does not meet the requirements, return the file and guide organizations and individuals to complete the file according to regulations);

b) In the case of receiving the application file through the postal system, if the file does not meet the requirements, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

7. Time limit for issuing the Certificate of Operating Area: at the latest two working days from the date of receipt of the complete application file according to regulations, the Vietnam Maritime Administration issues the Certificate of Operating Area according to the model in Appendix 2 of this Circular. 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.” “Article 12. Procedures for Issuing the Certificate of Marine Pilot Operating Area for Marine Pilots Transferring Operating Areas

1. The Certificate of Operating Area for Marine Pilots Transferring Operating Areas:

a) The Certificate of Operating Area for Marine Pilots Transferring Operating Areas is issued to marine pilots who have met the conditions stipulated in this Circular;

3. Article 12 shall be amended and supplemented as follows:

b) The validity period of the Certificate of Operating Area for Marine Pilots Transferring Operating Areas corresponds to the validity period of the Certificate of Competency for Marine Pilot;

c) The Certificate of Operating Area for Marine Pilots Transferring Operating Areas is issued one original copy to the marine pilot.

3. Conditions for issuing the Certificate of Operating Area for Marine Pilots Transferring Operating Areas:

Marine pilots transferring operating areas must have at least six months of training leading ships in the new operating area with a minimum number of safe ship-leading practices (confirmed by the pilot organization where the practice was conducted and the maritime port inspection agency in the region) as follows:

a) One hundred practices for the following marine pilot operating areas: Quang Ninh (excluding the route leading ships into the Vạn Gia transfer area), Hai Phong - Thai Binh - Nam Dinh (excluding the routes leading ships into Thai Binh and Nam Dinh ports), Ho Chi Minh City - Dong Nai - Binh Duong - Long An and Ba Ria - Vung Tau - Song Tien (excluding the route leading ships through Song Tien);

2. The subjects eligible for the Certificate of Operating Area for marine pilots transferring operating areas are marine pilots.

4. Application files for the Certificate of Operating Area for Marine Pilots Transferring Operating Areas:

a) The application file for the Certificate of Operating Area for Marine Pilots Transferring Operating Areas includes:

i. A request letter from the pilot organization specifying the marine pilot operating area requested for the Certificate of Operating Area for the pilot;

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.

ii. A declaration form regarding the time and number of safe ship-leading practices in the new operating area, confirmed by the pilot organization where the practice was conducted and the maritime port inspection agency in the region according to the model specified in Appendix 4 of this Circular;

iii. A copy of the Certificate of Competency for Marine Pilot;

iv. Two color photographs measuring 3x4 inches taken within the last six months (the back of the photograph should clearly state the full name, date of birth, place of birth).

6. Procedure for receiving and processing the application file:

The Certificate of Operating Area for Marine Pilots Transferring Operating Areas

7. Time limit for issuing the Certificate of Operating Area for Marine Pilots Transferring Operating Areas: at the latest two working days from the date of receipt of the complete application file according to regulations.

6. Procedure for receiving and processing documents:

5. Method of submitting applications: organizations and individuals shall directly submit their applications to the Vietnam Maritime Administration or send them through the postal service.

8. The authority issuing the Certificate of Operating Area for Marine Pilots Transferring Operating Areas is the Vietnam Maritime Administration.”

a) The Vietnam Maritime Administration receives the application file, checks the components and quantity of the file according to regulations, registers it in the logbook, and schedules the issuance of the result within the prescribed time limit (in case of direct submission, if the file does not meet the requirements, return the file and guide organizations and individuals to complete the file according to regulations);

b) In the case of receiving the application file through the postal system, if the file does not meet the requirements, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

7. Time limit for issuing the Certificate of Operating Area: at the latest two working days from the date of receipt of the complete application file according to regulations, the Vietnam Maritime Administration issues the Certificate of Operating Area according to the model in Appendix 2 of this Circular. 4. Article 13 is amended and supplemented as Articles 13, 13a, and 13b as follows: “Article 12. Procedures for Issuing the Certificate of Marine Pilot Operating Area for Marine Pilots Transferring Operating Areas

“Article 13. Application Files for Basic and Advanced Marine Pilot Training Courses

1. Application files for basic marine pilot training courses include the following documents:

b) A certified copy (notarized or authenticated) of the graduation certificate in the relevant field;

c) A certified copy (notarized or authenticated) of the certificate of completion of supplementary subjects for those who graduated in the relevant field

1. The application package for attending the basic marine pilot training course includes the following documents:

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

b) A certified copy (notarized or authenticated) of the graduation diploma from the relevant major;

c) A certified copy (notarized or authenticated) of the certificate of completion of additional courses for those who have graduated from the relevant major. Control of vessels in non-maritime schools; not being maritime schools;

d) A certified copy (notarized or authenticated) of the English proficiency certificate;

đ) Health certificate issued by a district (county) level medical facility or higher;

e) A certified copy (notarized or authenticated) of the ARPA training certification;

g) Curriculum vitae with confirmation from the managing agency, organization, or local authority at the commune where the applicant's household registration is located.

2. The application package for advanced pilot training courses includes the following documents:

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

a) A certified copy (notarized or authenticated) of the Second-Class Pilot License;

b) A declaration on vessel leading activities as prescribed in Point đ, Clause 2, Article 8 and according to the model provided in Appendix 4 of this Circular.

Article 13a. Procedures for extending, replacing, and reissuing the Certificate of Professional Competence for Marine Pilots

1. Procedures for extending the Certificate of Professional Competence for Marine Pilots upon expiration of its validity period:

a) Extension of the Certificate of Professional Competence for Marine Pilots:

i. The Certificate of Professional Competence for Marine Pilots may be extended if it has been expired for five years from the date of issuance;

ii. The validity period of the Certificate of Professional Competence for Marine Pilots corresponds to the validity period of the Certificate of Service Experience for Marine Pilots. If the working age of the marine pilot is less than five years, the validity period of the Certificate of Professional Competence for Marine Pilots corresponds to the working age of the pilot as stipulated by labor laws.

b) The subject eligible for extension of the Certificate of Professional Competence for Marine Pilots is a marine pilot who holds a Certificate of Professional Competence for Marine Pilots that has expired;

c) Conditions for extending the Certificate of Professional Competence for Marine Pilots:

i. Having a health certificate issued by a district (county) level medical facility or higher;

ii. Having served in the position of marine pilot corresponding to the Certificate of Professional Competence for Marine Pilots for at least twenty-four months within five years. If less than twenty-four months, the pilot must undergo a refresher period of at least three months.

d) Application package for extending the Certificate of Professional Competence for Marine Pilots:

. Application package for extending the Certificate of Professional Competence for Marine Pilots:

- Request for extension, c) In cases where the conditions for issuing the Certificate of Operating Area are not met according to regulations, respond in writing and clearly state the reasons.stating clearly the reasons and having confirmation from the head of the pilot organization or competent authority according to the model provided in Appendix 6 of this Circular;

- Original c) In cases where the conditions for issuing the Certificate of Operating Area are not met according to regulations, respond in writing and clearly state the reasons. certificate to be extended;

- Health certificate issued by a district (county) level medical facility or higher;

- Two color photographs measuring 3x4 cm taken within six months (the back of the photograph should bear the full name, date of birth, and place of birth);

ii. The number of application packages to be submitted is one set.

đ) Method of submitting the application package: organizations and individuals submit the application package directly to the Vietnam Maritime Administration or send it through the postal service;

e) Procedure for receiving and processing the application package:

i. The Vietnam Maritime Administration receives the application package, checks the components and quantity of the application package according to regulations, registers it in the logbook, and sets a deadline for returning the result as prescribed (in case of direct submission, if the application package is incomplete according to regulations, it will be returned and the organization or individual will be guided to complete it according to regulations);

ii. In case of receiving the application package through the postal service, if the application package is incomplete according to regulations, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

iii. In case the conditions for extending the Certificate of Professional Competence for Marine Pilots are not met, a written response must be given, specifying the reasons.

g) Time limit for extending the Certificate of Professional Competence for Marine Pilots: no later than two working days from the date of receipt of the complete application package as prescribed;

h) The authority responsible for extending the Certificate of Professional Competence for Marine Pilots is the Vietnam Maritime Administration.

2. Procedures for replacing the Certificate of Professional Competence for Marine Pilots:

a) Replacement of the Certificate of Professional Competence for Marine Pilots:

i. The Certificate of Professional Competence for Marine Pilots can be replaced if the certificate is damaged but still valid;

ii. The validity period of the Certificate of Professional Competence for Marine Pilots corresponds to the validity period of the Certificate of Service Experience for Marine Pilots. If the working age of the marine pilot is less than five years, the validity period of the Certificate of Professional Competence for Marine Pilots corresponds to the working age of the pilot as stipulated by labor laws;

iii. One original Certificate of Professional Competence for Marine Pilots is issued to the marine pilot.

b) The subject eligible for replacement of the Certificate of Professional Competence for Marine Pilots is a marine pilot who holds a damaged but still valid Certificate of Professional Competence for Marine Pilots;

c) Conditions for replacing the Certificate of Professional Competence for Marine Pilots: having served in the position of marine pilot corresponding to the Certificate of Professional Competence for Marine Pilots for at least twenty-four months within five years. If less than twenty-four months, the pilot must undergo a refresher period of at least three months;

d) Application package for replacing the Certificate of Professional Competence for Marine Pilots:

. Application package for replacing the Certificate of Professional Competence for Marine Pilots:

- Request for replacement c) In cases where the conditions for issuing the Certificate of Operating Area are not met according to regulations, respond in writing and clearly state the reasons.stating clearly the reasons and having confirmation from the head of the pilot organization or competent authority according to the model provided in Appendix 6 of this Circular;

- Original c) In cases where the conditions for issuing the Certificate of Operating Area are not met according to regulations, respond in writing and clearly state the reasons. to be replaced;

- Two color photographs measuring 3x4 cm taken within six months (the back of the photograph should bear the full name, date of birth, and place of birth);

ii. The number of application packages to be submitted is one set.

đ) Method of submitting the application package: organizations and individuals submit the application package directly to the Vietnam Maritime Administration or send it through the postal service;

e) Procedure for receiving and processing the application package:

i. The Vietnam Maritime Administration receives the application package, checks the components and quantity of the application package according to regulations, registers it in the logbook, and sets a deadline for returning the result as prescribed (in case of direct submission, if the application package is incomplete according to regulations, it will be returned and the organization or individual will be guided to complete it according to regulations);

ii. In case of receiving the application package through the postal service, if the application package is incomplete according to regulations, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

iii. In case the conditions for replacing the Certificate of Professional Competence for Marine Pilots are not met, a written response must be given, specifying the reasons.

g) Time limit for extending the Certificate of Professional Competence for Marine Pilots: no later than two working days from the date of receipt of the complete application package as prescribed;

h) The authority responsible for replacing the Certificate of Professional Competence for Marine Pilots is the Vietnam Maritime Administration.

3. Procedures for reissuing the Certificate of Professional Competence for Marine Pilots:

a) Reissue of the Certificate of Professional Competence for Marine Pilots:

i. The Certificate of Professional Competence for Marine Pilots can be reissued if it is lost but still valid;

ii. The validity period of the reissued Certificate of Professional Competence for Marine Pilots corresponds to the remaining validity period of the lost Certificate of Professional Competence for Marine Pilots. If the working age of the marine pilot is less than five years, the validity period of the reissued Certificate of Professional Competence for Marine Pilots corresponds to the working age of the pilot as stipulated by labor laws;

iii. One original Certificate of Professional Competence for Marine Pilots is issued to the marine pilot.

b) The subject eligible for reissuing the Certificate of Professional Competence for Marine Pilots is a marine pilot who has lost a valid Certificate of Professional Competence for Marine Pilots;

c) Conditions for reissuing the lost Certificate of Professional Competence for Marine Pilots: having served in the position of marine pilot corresponding to the Certificate of Professional Competence for Marine Pilots for at least twenty-four months within five years. If less than twenty-four months, the pilot must undergo a refresher period of at least three months;

d) Application package for reissuing the lost Certificate of Professional Competence for Marine Pilots:

. Application package for reissuing the Certificate of Professional Competence for Marine Pilots:

- Request for reissue c) In cases where the conditions for issuing the Certificate of Operating Area are not met according to regulations, respond in writing and clearly state the reasons.stating clearly the reasons and having confirmation from the head of the pilot organization or competent authority at Appendix 6 of this Circular;

- Two color photographs measuring 3x4 cm taken within six months (the back of the photograph should bear the full name, date of birth, and place of birth);

ii. The number of application packages to be submitted is one set.

đ) Method of submitting the application package: organizations and individuals submit the application package directly to the Vietnam Maritime Administration or send it through the postal service;

e) Procedure for receiving and processing the application package:

i. The Vietnam Maritime Administration receives the application package, checks the components and quantity of the application package according to regulations, registers it in the logbook, and sets a deadline for returning the result as prescribed (in case of direct submission, if the application package is incomplete according to regulations, it will be returned and the organization or individual will be guided to complete it according to regulations);

ii. In case of receiving the application package through the postal service, if the application package is incomplete according to regulations, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

iii. In case the conditions for reissuing the Certificate of Professional Competence for Marine Pilots are not met, a written response must be given, specifying the reasons.

g) Time limit for reissuing the Certificate of Professional Competence for Marine Pilots: no later than five working days from the date of receipt of the complete application package as prescribed;

h) The authority responsible for reissuing the Certificate of Professional Competence for Marine Pilots is the Vietnam Maritime Administration.

Article 13b. Procedures for extending, replacing, and reissuing the Certificate of Competency for Pilotage Services

1. Procedures for extending the Certificate of Competency for Pilotage Services upon expiration of its validity period

a) Extension of the Certificate of Competency for Pilotage Services:

i. The Certificate of Competency for Pilotage Services may be extended when it has expired;

ii. The validity period of the Certificate of Competency for Pilotage Services corresponds to the validity period of the Certificate of Competency for Marine Navigation and Control.

b) The subject eligible for extension of the Certificate of Competency for Pilotage Services is a marine pilot who holds a Certificate of Competency for Pilotage Services that has expired;

c) Conditions for extending the Certificate of Competency for Pilotage Services upon expiration of its validity period:

i. Having a health certificate issued by a district-level (county-level) medical facility or higher;;

ii. Having served in the position of marine pilot corresponding to the Certificate of Professional Competence for Marine Pilots for at least twenty-four months within five years. If less than twenty-four months, the pilot must undergo a refresher period of at least three months.

d) Documents for extending the Certificate of Competency for Pilotage Services:

. Documents for extending the Certificate of Competency for Pilotage Services:

- Request for extension, 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.”stating clearly the reasons and having confirmation from the head of the pilot organization or competent authority according to the model provided in Appendix 6 of this Circular;

- Original 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.” certificate to be extended;

- Health certificate issued by a district (county) level medical facility or higher;

- Two color photographs measuring 3x4 cm taken within six months (the back of the photograph should bear the full name, date of birth, and place of birth);

ii. The number of application packages to be submitted is one set.

đ) Method of submitting the application package: organizations and individuals submit the application package directly to the Vietnam Maritime Administration or send it through the postal service;

e) Procedure for receiving and processing the application package:

i. The Vietnam Maritime Administration receives the application package, checks the components and quantity of the application package according to regulations, registers it in the logbook, and sets a deadline for returning the result as prescribed (in case of direct submission, if the application package is incomplete according to regulations, it will be returned and the organization or individual will be guided to complete it according to regulations);

ii. In case of receiving the application package through the postal service, if the application package is incomplete according to regulations, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

iii. In case of not meeting the conditions for extension 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.” “Article 12. Procedures for Issuing the Certificate of Marine Pilot Operating Area for Marine Pilots Transferring Operating Areas

g) Time limit for extending the Certificate of Competency for Pilotage Services: no later than two working days from the date of receiving complete documents as prescribed;

h) The authority responsible for extending the Certificate of Competency for Pilotage Services is the Vietnam Maritime Administration.

2. Procedures for replacing the Certificate of Competency for Pilotage Services:

a) Replacement of the Certificate of Competency for Pilotage Services:

i. The Certificate of Competency for Pilotage Services may be replaced if it is damaged but still within its validity period;

ii. The validity period of the Certificate of Competency for Pilotage Services corresponds to the validity period of the Certificate of Competency for Marine Navigation and Control;

iii. One original copy of the Certificate of Competency for Pilotage Services will be issued to the marine pilot.

b) The subject eligible for replacement of the Certificate of Competency for Pilotage Services is a marine pilot who holds a damaged Certificate of Competency for Pilotage Services but still within its validity period;

c) Conditions for replacing the Certificate of Competency for Pilotage Services: having held the position of marine pilot corresponding to the Certificate of Competency for Marine Navigation and Control for at least 24 months within five years. If less than 24 months, then must undergo a minimum of three months of internship;

d) Documents for replacing the Certificate of Competency for Pilotage Services:

. Documents for replacing the Certificate of Competency for Pilotage Services:

- Request for replacement 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.”stating clearly the reasons and having confirmation from the head of the pilot organization or competent authority according to the model provided in Appendix 6 of this Circular;

- Original 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.” to be replaced;

- Two color photographs measuring 3x4 cm taken within six months (the back of the photograph should bear the full name, date of birth, and place of birth);

ii. The number of application packages to be submitted is one set.

đ) Method of submitting documents: organizations and individuals submit documents directly to the Vietnam Maritime Administration or send them through the postal service system.

e) Procedure for receiving and processing the application package:

i. The Vietnam Maritime Administration receives the application package, checks the components and quantity of the application package according to regulations, registers it in the logbook, and sets a deadline for returning the result as prescribed (in case of direct submission, if the application package is incomplete according to regulations, it will be returned and the organization or individual will be guided to complete it according to regulations);

ii. In case of receiving the application package through the postal service, if the application package is incomplete according to regulations, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

iii. In case of not meeting the conditions for replacement 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.” “Article 12. Procedures for Issuing the Certificate of Marine Pilot Operating Area for Marine Pilots Transferring Operating Areas

g) Time limit for replacing the Certificate of Competency for Pilotage Services: no later than two working days from the date of receiving complete documents as prescribed;

h) The authority responsible for replacing the Certificate of Competency for Pilotage Services is the Vietnam Maritime Administration.

3. Procedures for reissuing the Certificate of Competency for Pilotage Services:

a) Reissuance of the Certificate of Competency for Pilotage Services:

i. The Certificate of Competency for Pilotage Services may be reissued if it is lost but still within its validity period;

ii. The validity period of the Certificate of Competency for Pilotage Services corresponds to the validity period of the Certificate of Competency for Marine Navigation and Control;

iii. One original copy of the Certificate of Competency for Pilotage Services will be reissued to the marine pilot.

b) The subject eligible for reissuance of the Certificate of Competency for Pilotage Services is a marine pilot who has lost their Certificate of Competency for Pilotage Services;

c) Conditions for reissuing the Certificate of Competency for Pilotage Services that has been lost: đhaving held the position of marine pilot corresponding to the Certificate of Competency for Marine Navigation and Control for at least 24 months within five years. If less than 24 months, then must undergo a minimum of three months of internship;

d) Documents for reissuing the Certificate of Competency for Pilotage Services:

. Documents for reissuing the Certificate of Competency for Pilotage Services:

- Request for reissue 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.”stating clearly the reasons and having confirmation from the head of the pilot organization or competent authority according to the model provided in Appendix 6 of this Circular;

- Two color photographs measuring 3x4 cm taken within six months (the back of the photograph should bear the full name, date of birth, and place of birth);

ii. The number of application packages to be submitted is one set.

đ) Method of submitting documents: organizations and individuals submit documents directly to the Vietnam Maritime Administration or send them through the postal service system.

e) Procedure for receiving and processing the application package:

i. The Vietnam Maritime Administration receives the application package, checks the components and quantity of the application package according to regulations, registers it in the logbook, and sets a deadline for returning the result as prescribed (in case of direct submission, if the application package is incomplete according to regulations, it will be returned and the organization or individual will be guided to complete it according to regulations);

ii. In case of receiving the application package through the postal service, if the application package is incomplete according to regulations, salary grading for civil servants in the maritime project management specialty notify in writing at the latest two working days from the date of receipt of the file;

iii. In case of not meeting the conditions for reissuance 8. The authority issuing the Certificate of Operating Area is the Vietnam Maritime Administration.” “Article 12. Procedures for Issuing the Certificate of Marine Pilot Operating Area for Marine Pilots Transferring Operating Areas

g) Time limit for reissuing the Certificate of Competency for Pilotage Services: no later than five working days from the date of receiving complete documents as prescribed;

h) The authority responsible for reissuing the Certificate of Competency for Pilotage Services is the Vietnam Maritime Administration.”

5. Supplementing Article 13c and Article 13d as follows:

“Article 13c. Cases of Revocation of Certificates

Certificates that have been issued may be revoked in any of the following cases:

1. Forgery or alteration, erasure, distortion of the content of the Certificate;

2. Buying, renting, lending the Certificate;

3. Intentionally misreporting information or using falsified or altered documents in the application for reissuance of the Certificate;

4. Other cases as prescribed by law.

Article 13d. Fees for Issuing Various Types of Certificates

Fees shall be implemented according to the regulations of the Ministry of Finance and paid to the issuing authority before receiving the Certificate.”

6. Supplementing Appendix 3, 4, 5, and 6 to Circular No. 06/2009/TT-BGTVT as follows:

a) Appendix 3: Sample letter from the Pilotage Company requesting issuance of the Certificate of Competency for Marine Navigation and Control, and the Certificate of Competency for Pilotage Services;

b) Appendix 4: Sample declaration form for ship lists, safe navigation times, and pilot training times;

c) Appendix 5: Sample examination form for the competency of marine pilots;

d) Appendix 6: Sample application form for extension, replacement, and reissuance of the Certificate of Competency for Marine Navigation and Control, and the Certificate of Competency for Pilotage Services.

Article 2. This Circular takes effect 45 days from the date of signature.

Article 3. The Director of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.