Circular No. 14/2011/TT-BGTVT Amending and Supplementing Certain Provisions Related to Administrative Procedures for Examination, Issuance, Replacement of Seafarer Professional Certificates and Inland Waterway Vessel Operators' Certificates issued together with Decision No. 19/2008/QĐ-BGTVT dated September 18, 2008 of the Minister of Transport.

CIRCULAR

Amending and supplementing certain provisions related to administrative procedures for examination, issuance, replacement, and conversion of certificates and licenses for seafarers and inland waterway vessel operators and assuming seafarer positions on inland waterway vessels as stipulated in Decision No. 19/2008/QĐ-BGTVT dated September 18, 2008 of the Minister of Transport.

Amending and supplementing certain provisions related to administrative procedures for examination, issuance, replacement, and conversion of certificates and licenses for seafarers and inland waterway vessel operators and assuming seafarer positions on inland waterway vessels as stipulated in Decision No. 19/2008/QĐ-BGTVT dated September 18, 2008 of the Minister of Transport.

Issued together with Decision No. 19/2008/QĐ-BGTVT dated September 18, 2008 of the Minister of Transport.

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

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 promulgates the following:

Article 1. Amending and supplementing certain provisions related to administrative procedures for examination, issuance, replacement, and conversion of certificates and licenses for seafarers and inland waterway vessel operators and assuming seafarer positions on inland waterway vessels as stipulated in Decision No. 19/2008/QĐ-BGTVT dated September 18, 2008 of the Minister of Transport.

Article 11 shall be amended and supplemented as follows:

"Article 11. Competent authority for organizing examinations, inspections, issuing new, replacing, reissuing, and converting certificates and licenses
1. The Director of the Vietnam Directorate of Inland Waterways organizes examinations, issues decisions recognizing successful candidates, issues new, replaces, reissues, and converts certificates for ship captains and chief engineers from Class II upwards nationwide and for ship captains and chief engineers from Class III upwards at subordinate training institutions.
2. The Director of the Department of Transport organizes examinations, issues decisions recognizing successful candidates, issues new, replaces, reissues, and converts certificates for ship captains of Class III, limited Class III, and chief engineers of Class III; organizes inspections, issues decisions recognizing successful candidates, issues new, replaces, reissues, and converts certificates for professional qualifications (for localities without training institutions).
3. The head of a training institution meeting the prescribed conditions may organize inspections, issue decisions recognizing successful candidates, issue new, replace, reissue, and convert certificates for professional qualifications.

4. The competent authority that issues certificates and licenses shall issue replacements, exchanges certificates and licenses. When issuing replacements, exchanges certificates and licenses, the competent authority must invalidate the original certificate and license by cutting off a corner."

3. Article 16 shall be amended and supplemented as follows:

"Article 12. Procedures for taking examinations and inspections for obtaining certificates and licenses
1. The application dossier for taking examinations and inspections for obtaining certificates and licenses includes:
a) An application form according to the model specified in Appendix 4 attached to this Regulation;
b) Two color photographs measuring 3x4 cm;
c) A health certificate issued by a competent medical facility;
d) Certified copies or photocopies with original documents for comparison of relevant certificates and licenses to prove eligibility for the corresponding examination and inspection according to Articles 8 and 10 of this Regulation.
2. Procedure and method of implementation:
a) Individuals who wish to apply for admission, take examinations, and inspections for obtaining certificates and licenses shall complete one set of application dossiers and submit them through postal service or directly to the training institution or the Department of Transport (for localities without training institutions);
b) The training institution or the Department of Transport shall receive and check the application dossier components. If the components are incomplete according to this Regulation, they shall guide individuals to supplement and complete the dossier (if submitted directly) or respond in writing specifying the reasons for requesting supplementation and completion of the dossier (if submitted through postal service). If the components are complete according to this Regulation, they shall issue a receipt for admission to take examinations and inspections for obtaining certificates and licenses;

c) The competent authority organizing examinations, inspections, and issuing certificates and licenses shall issue certificates and licenses to successful candidates."

Clause 1 of Article 18 shall be amended and supplemented as follows:

"1. The competent authority issuing certificates and licenses to successful candidates in examinations and inspections shall issue them within ten working days from the date of issuing the decision recognizing successful candidates."

4. Clause 3 Article 19 shall be amended and supplemented as follows:
"3. Certificates and licenses shall be exchanged no later than five working days from the date of receiving the complete dossier as prescribed."

Clause 3 of Article 20 shall be amended and supplemented as follows:

"3. Individuals holding certificates and licenses still within their validity period, which have been lost but recorded in the issuance book of the issuing authority, and not found to be seized or processed by competent authorities, shall be reissued certificates and licenses."

6. Article 22 shall be amended and supplemented as follows:

"Article 22. Procedures for issuing new, exchanging, reissuing, and converting certificates and licenses
1. The dossier for issuing new, exchanging, reissuing, and converting certificates and licenses includes:
a) An application form according to the model specified in Appendix 5 attached to this Regulation;
b) Two color photographs measuring 3x4 cm;
c) A health certificate issued by a competent medical facility;
d) Certified copies or photocopies with original documents for comparison of relevant certificates and licenses or certified translations into Vietnamese (for certificates and licenses issued by foreign countries) to prove eligibility for issuing new, exchanging, reissuing, and converting the corresponding certificates and licenses according to Articles 18, 19, 20, and 21 of this Regulation.
2. Procedure and method of implementation for issuing new, exchanging, reissuing, and converting certificates by the Vietnam Directorate of Inland Waterways:
a) Individuals wishing to apply for issuing new, exchanging, reissuing, and converting certificates shall complete one set of dossiers and submit them through postal service or directly to the Vietnam Directorate of Inland Waterways or the Southern Branch of the Vietnam Directorate of Inland Waterways;
b) The Vietnam Directorate of Inland Waterways or the Southern Branch of the Vietnam Directorate of Inland Waterways shall receive and check the dossier components. If the components are incomplete according to this Regulation, they shall guide individuals to supplement and complete the dossier (if submitted directly) or respond in writing specifying the reasons for requesting supplementation and completion of the dossier (if submitted through postal service). If the components are complete according to this Regulation, they shall issue a receipt for obtaining the results and proceed with the issuance of new, exchanging, reissuing, and converting certificates (the issuance time will be specified in the receipt)."

In case of having to retake the examination (for reissuing the certificate) or having to take the inland waterway traffic law examination (for converting the certificate), the Vietnam Inland Waterways Administration or the Southern Vietnam Inland Waterways Administration will introduce individuals to the Examination Boards to take the examination.
3. Procedures and methods for issuing new certificates, exchanging, reissuing, and converting certificates issued by the Department of Transport:
a) Individuals who wish to apply for new issuance, exchange, reissue, or conversion of certificates shall complete one set of application documents and submit them via postal service or directly to the Department of Transport.
b) The Department of Transport will receive and review the application documents. If the documents are incomplete according to this Regulation, the individual will be guided to supplement and complete the documents (if submitted directly) or be informed in writing of the reasons requiring supplementation and completion of the documents (if submitted via postal service). If the documents are complete according to this Regulation, a notice of appointment for collecting the results will be issued, and the procedures for issuing new certificates, exchanging, reissuing, and converting will be carried out (the issuance period will be as stated on the notice).

In case of having to retake the examination (for reissuing the certificate) or having to take the inland waterway traffic law examination (for converting the certificate), the Department of Transport will introduce individuals to the Examination Boards to take the examination.
4. Procedures for issuing new certificates, exchanging, reissuing, and converting professional qualification certificates issued by vocational training institutions or by the Department of Transport (for localities without vocational training institutions):
a) Individuals who wish to apply for new issuance, exchange, reissuing, or conversion of professional qualification certificates shall complete one set of application documents and submit them via postal service or directly to the vocational training institution or to the Department of Transport (for localities without vocational training institutions).
b) The vocational training institution or the Department of Transport (for localities without vocational training institutions) will receive and review the application documents. If the documents are incomplete according to this Regulation, the individual will be guided to supplement and complete the documents (if submitted directly) or be informed in writing of the reasons requiring supplementation and completion of the documents (if submitted via postal service). If the documents are complete according to this Regulation, a notice of appointment for collecting the results will be issued, and the procedures for issuing new certificates, exchanging, reissuing, and converting will be carried out (the issuance period will be as stated on the notice).

In case of having to recheck (for reissuing professional qualification certificates), the vocational training institution or the Department of Transport will introduce individuals to the Examination Boards to take the examination.

7. Article 27 is amended and supplemented as follows:

Article 27. Implementation Organization
1. The Director of the Vietnam Inland Waterways Administration is responsible for:
a) Organizing the implementation of this Regulation;
b) Directing, organizing, and regularly inspecting activities related to examinations, inspections, issuance, exchange, reissuance, and conversion of certificates and professional qualification certificates within the assigned scope;
c) Printing, distributing, guiding, and uniformly managing the use of blank certificates and professional qualification certificates nationwide;
d) Organizing professional training, issuing examiner identification cards for examination supervision and marking;
đ) Specifying forms and record books related to professional management activities concerning examination, inspection, issuance, exchange, and conversion of certificates and professional qualification certificates.
2. The Director of the Department of Transport is responsible for directing, organizing, and regularly inspecting activities related to examinations, inspections, issuance, exchange, reissuance, and conversion of certificates and professional qualification certificates within the assigned scope.

3. When participating in examinations, inspections, and receiving certificates and professional qualification certificates, individuals must present their passports or identity cards for verification.

8. Supplement Appendix 4 and Appendix 5 to the Examination, Issuance, Exchange Regulations for Seafarer Professional Qualification Certificates and Inland Waterway Vessel Operator Professional Qualification Certificates issued together with Decision No. 19/2008/QĐ-BGTVT dated September 18, 2008, of the Minister of Transport:

a) Appendix 4: Sample Application Form for Enrolment, Examination, and Inspection to Obtain Inland Waterway Vessel Operator Professional Qualification Certificates.

b) Appendix 5: Sample Application Form for Issuance, Exchange, Reissuance, and Conversion of Inland Waterway Vessel Operator Professional Qualification Certificates.

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

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