Circular No. 13/2011/TT-BGTVT amends and supplements certain provisions related to administrative procedures concerning the conditions for maritime training institutions and inland waterway vessel operators as stipulated in Decision No. 18/2008/QĐ-BGTVT dated September 17, 2008, issued by the Minister of Transport.

CIRCULAR

Amending and supplementing certain provisions related to administrative procedures concerning the conditions for vocational training institutions for seafarers and inland waterway vessel operators issued together with Decision No. 18/2008/QĐ-BGTVT dated September 17, 2008 of the Minister of Transport.

Hanoi, September 17, 2008

of the Minister of Transport.

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

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

The Minister of Transport hereby promulgates the following:

Article 1. Amending and supplementing certain provisions related to administrative procedures concerning the conditions for vocational training institutions for seafarers and inland waterway vessel operators issued together with Decision No. 18/2008/QĐ-BGTVT dated September 17, 2008 of the Minister of Transport.

1. Supplement Section 4 Chapter II as follows:

"Section 4

ISSUANCE OF TRAINING INSTITUTION CERTIFICATE

Article 11. Competent authority for issuing the Certificate
1. The Director of the Vietnam Inland Waterway Administration shall issue the training institution certificate to training institutions meeting the conditions to train and provide supplementary training for ship captains and engine room officers from third class upwards throughout the country.
2. The Director of the Department of Transport of the province shall issue the training institution certificate to training institutions within their jurisdiction meeting the conditions to train, provide supplementary training, and issue certificates and licenses for ship captains of limited third class.

Article 11a. Documents for requesting issuance of the Certificate
1. The documents for requesting issuance of the training institution certificate for seafarers and inland waterway vessel operators include:
a) A request for issuance of the training institution certificate for seafarers and inland waterway vessel operators from the training institution;
b) A certified copy of the decision establishing the training institution;
c) A certified copy of the registration certificate for conducting vocational training issued by the competent authority;
d) A self-assessment form and scoring according to criteria for physical facilities, classrooms, workshops, practical training areas, teaching equipment, learning materials, and teaching staff as prescribed in Appendix 9 attached hereto;
đ) A list of teaching staff directly involved in teaching including permanent and visiting teachers as prescribed in Appendix 10 attached hereto; accompanied by certified copies of academic degrees, certificates, and labor contracts of each individual;
e) Documents proving ownership or lease agreements for vessels and wharfs; approval letters for using waters for practical training from the competent authorities; practical training vessels must have complete registration and inspection documents and maritime safety and firefighting equipment as prescribed.
2. For the documents for requesting issuance of the training institution certificate for seafarers and inland waterway vessel operators from third class upwards, in addition to the documents prescribed in Clause 1 of this Article, it is necessary to supplement the approval letter of the Department of Transport where the training institution is located (applicable to training institutions under local management).

Article 11b. Procedure for Issuing the Certificate
1. Procedure for issuing the training institution certificate for institutions meeting the conditions to train and provide supplementary training for ship captains and engine room officers from third class upwards:
a) Organizations requiring issuance of the certificate shall submit one set of documents through postal service or deliver them directly to the Vietnam Inland Waterway Administration (for training institutions in northern and central provinces) or the Southern Branch of the Vietnam Inland Waterway Administration (for training institutions in southern provinces);
b) The Vietnam Inland Waterway Administration or the Southern Branch of the Vietnam Inland Waterway Administration shall receive and check the documents. If the documents are incomplete according to the regulations of this Circular, they shall guide the organization to supplement and complete the documents (if submitted directly) or respond in writing specifying the reasons for supplementation and completion of the documents (if sent through postal service). If the documents are complete, they shall issue a notice of the time for on-site inspection;
c) The Vietnam Inland Waterway Administration or the Southern Branch of the Vietnam Inland Waterway Administration shall organize on-site inspections. If the training institution meets the conditions as prescribed, they shall issue the training institution certificate to the training institution according to the model prescribed in Appendix 11 of this Circular. If the certificate is not issued, they shall respond in writing and specify the reasons.
2. Procedure for issuing the training institution certificate for institutions meeting the conditions to train, provide supplementary training, and issue certificates and licenses for ship captains of limited third class:
a) Organizations requiring issuance of the certificate shall submit one set of documents through postal service or deliver them directly to the Department of Transport;
b) The Department of Transport shall receive and check the documents. If the documents are incomplete according to the regulations of this Circular, they shall guide the organization to supplement and complete the documents (if submitted directly) or respond in writing specifying the reasons for supplementation and completion of the documents (if sent through postal service). If the documents are complete, they shall issue a notice of the time for on-site inspection;
c) The Department of Transport shall organize on-site inspections. If the training institution meets the conditions as prescribed, they shall issue the training institution certificate to the training institution according to the model prescribed in Appendix 11 of this Circular. If the certificate is not issued, they shall respond in writing and specify the reasons.
3. Time limit for processing the issuance of the Certificate
a) Within twenty working days from the date of receiving all required documents, the Vietnam Inland Waterway Administration must complete the issuance of the training institution certificate for seafarers and inland waterway vessel operators to training institutions that meet the prescribed conditions. b) Within fifteen working days from the date of receiving all required documents, the Department of Transport must complete the issuance of the training institution certificate for seafarers and inland waterway vessel operators to training institutions that meet the prescribed conditions."

2. Merge Articles 11 and 12 into Article 12 and amend and supplement as follows:
"Article 12. Implementation
1. The Director of the Vietnam Inland Waterway Administration
a) Shall be responsible for organizing the implementation, monitoring, and regularly inspecting the implementation of this Provision.
b) Shall decide to recognize and issue Certificates to vocational training centers within the scope of authority prescribed in Clause 1, Article 11 of this Provision; temporarily suspend or terminate training, upgrading, and supplementary education at vocational training centers that do not meet requirements as stipulated and report to the Ministry of Transport.
2. The Director of the Department of Transport shall decide to recognize and issue Certificates to vocational training centers within the local jurisdiction within the scope of authority prescribed in Clause 2, Article 11 of this Provision; temporarily suspend or terminate training, upgrading, and supplementary education at vocational training centers that do not meet requirements as stipulated and report to the Vietnam Inland Waterways Administration for consolidation and reporting to the Ministry of Transport.

3. Supplement Appendix 9, Appendix 10, and Appendix 11 to the Provision on the conditions of vocational training centers for seafarers and inland waterway vessel operators issued together with Decision No. 18/2008/QĐ-BGTVT dated September 17, 2008, of the Minister of Transport:

a) Appendix 9: Self-declaration form and scoring according to criteria for physical facilities, classrooms, workshops, practical teaching areas, educational equipment, teaching materials, and teaching staff.

b) Appendix 10: List of teaching staff directly involved in teaching including permanent and visiting lecturers.

c) Appendix 11: Sample Certificate of qualification for vocational training centers for seafarers and inland waterway vessel operators.

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

Article 3. The Head of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Vietnam Inland Waterways Administration, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.