Circular No. 17/2023/TT-BGTVT amending and supplementing certain Articles of Circular No. 40/2016/TT-BGTVT dated December 7, 2016, issued by the Minister of Transport on ship inspection for Vietnamese ships and Circular No. 51/2017/TT-BGTVT dated December 29, 2017, issued by the Minister of Transport on ship inspectors and technical staff for ship inspection.

CIRCULAR

Amending and supplementing some articles of Circular No. 40/2016/TT-BGTVT dated December 7, 2016, issued by the Minister of Transport on ship inspection for Vietnamese ships and Circular No. 51/2017/TT-BGTVT dated December 29, 2017, issued by the Minister of Transport on ship inspectors and technical staff for ship inspection The Minister of Transport issues this Circular to amend and supplement some articles of Circular No. 40/2016/TT-BGTVT dated December 7, 2016, issued by the Minister of Transport on ship inspection for Vietnamese ships and Circular No. 51/2017/TT-BGTVT dated December 29, 2017, issued by the Minister of Transport on ship inspectors and technical staff for ship inspection.

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

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Science, Technology, and Environment Department and the Director of the Vietnam Registration Agency;

Article 1. Amending and supplementing some articles of Circular No. 40/2016/TT-BGTVT dated December 7, 2016, issued by the Minister of Transport on ship inspection for Vietnamese ships (hereinafter referred to as Circular No. 40/2016/TT-BGTVT) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022, issued by the Minister of Transport amending and supplementing some articles of Circulars in the field of ship inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT).

1. Supplement Clause 6a following Clause 6 of Article 3 of Circular No. 40/2016/TT-BGTVT as follows:

"6a. Remote inspection and evaluation of ships is the process where ship inspectors do not board the ship but use information technology or other methods to determine the actual technical condition of the ship, ensuring maritime safety, ship security, seafarer working conditions, and environmental pollution prevention appropriate for the ship's intended operation."

2. Supplement Article 5, Clause 3 of Circular No. 40/2016/TT-BGTVT as follows:

"3. In cases where access to ships is restricted due to disease outbreaks, natural disasters, armed conflicts; repair facilities cannot accommodate ships; ships genuinely cannot reach designated locations for inspection, the inspection organization shall conduct direct or remote inspections to determine the technical condition of the ship, ensuring maritime safety, maritime security, seafarer working conditions, and environmental pollution prevention to extend the validity period of the ship's certificate according to regulations."

3. Amend and supplement Clause 1 of Article 7 of Circular No. 40/2016/TT-BGTVT as follows:

"1. Organizations and individuals requesting the Vietnamese inspection organization to perform ship inspection work are responsible for paying inspection fees, charges, and prices according to the provisions of the law."

4. Amend and supplement Clauses 2, 3, 4, 5, and 6 of Article 10 of Circular No. 40/2016/TT-BGTVT as follows:

a) Amend and supplement Clause 2 of Article 10 as follows:

"2. The application for ship inspection includes: one original or electronic form according to Model No. 03 attached to this Circular."

b) Amend and supplement Clause 3 of Article 10 as follows:

"3. Submission of application: Organizations and individuals complete one set of application forms as prescribed and submit directly or through postal services or via the online public service portal or by other suitable means to the Inspection Branch."

c) Amend and supplement Clause 4 of Article 10 as follows:

"4. Receipt of application: The Inspection Branch receives the application, checks its components: if the application is incomplete, it will guide organizations and individuals to complete the application within the same working day (in case of direct submission or submission via the online public service portal) or within two working days from the date of receipt (in case of submission through postal services or other suitable means); if the application is complete, within seven working days from the date of receiving all documents, agree with the applicant on the time for on-site inspection at the location requested by the applicant."

d) Amend and supplement Clause 5 of Article 10 as follows:

"5. Inspection and issuance of certificates: After completing the ship inspection, if the inspection results meet the requirements, issue the ship inspection file within two working days from the completion of the initial, periodic inspection, and within one working day from the completion of the annual, intermediate, and extraordinary inspections. If the inspection results do not meet the requirements, notify the organization or individual in writing.

For imported ships, the Inspection Branch issues a technical status confirmation letter after the initial inspection is completed and meets the requirements."

e) Amend and supplement Clause 6 of Article 10 as follows:

"6. Delivery of results: Organizations and individuals can collect the results directly at the Inspection Branch or through postal services or the online public service portal or by other suitable means."

5. Amend and supplement Clauses 2, 3, 4, 5, and 6 of Article 11 of Circular No. 40/2016/TT-BGTVT as follows:

a) Amend and supplement Clause 2 of Article 11 as follows:

"2. The application for company ship inspection includes:

a) One original or electronic form according to Model 04 attached to this Circular;

b) One copy of the safety management system documentation of the ship company (for direct submission or submission through postal services) or an electronic copy (for submission through the online public service portal) for preliminary or first-time inspections;

c) One copy of the documentation proving ownership or management, leasing of bareboats and commitment to fulfill all obligations and responsibilities under the ISM Code if the company is not the owner of the ship (for direct submission or submission through postal services) or an electronic copy (for submission through the online public service portal) for preliminary or first-time inspections."

b) Amend and supplement Clause 3 of Article 11 as follows:

"3. Submission of application: Organizations and individuals complete one set of application forms as prescribed and submit the application directly or through postal services or via the online public service portal or by other suitable means to the Center for Certification of Quality Management Systems and Safety under the Vietnam Maritime Administration (hereinafter referred to as the Center for Certification of Quality Management Systems and Safety)."

c) Amend and supplement Clause 4 of Article 11 as follows:

c) Amend and supplement Clause 4 of Article 11 as follows:

"4. Receiving applications: The Quality Management and Safety Certification Center receives applications and checks the application components: if the application is incomplete, it shall guide organizations and individuals to complete the application on the same working day (in case of direct submission or through the online public service portal) or within two working days from the date of receipt of the application (in case of submission through the postal system or other appropriate methods); if the application is complete, within seven working days from the date of receipt of the complete application, the Quality Management and Safety Certification Center will agree on the evaluation time at the location requested by the applicant."

d) Amend and supplement Clause 5 of Article 11 as follows:

"5. Evaluation and issuance of certificates: After conducting the safety management system evaluation at the shipping company, if the results meet the requirements, the Quality Management and Safety Certification Center will issue or confirm the validity of the DOC certificate according to the provisions of the ISM Code within one working day from the completion of the evaluation; if not met, notify the organization or individual in writing."

đ) Amend and supplement Clause 6 of Article 11 as follows:

"6. Delivering results: Organizations and individuals can receive results directly at the Quality Management and Safety Certification Center or through the postal system or the online public service portal or other appropriate methods."

6. Amend and supplement Clause 2, Clause 3, Clause 4, Clause 5, and Clause 6 of Article 12 of Circular No. 40/2016/TT-BGTVT as follows:

a) Amend and supplement Clause 2 of Article 12 as follows:

"2. Application for ship evaluation includes:

a) One original or electronic form of the application according to Model No. 05 attached to this Circular;

b) One copy of the document proving ownership or management, leasing of bareboat and commitment to fulfill all obligations and responsibilities under the ISM Code if the company is not the owner of the vessel (in case of direct submission or through the postal system) or an electronic copy (in case of submission through the online public service portal) for initial or first-time certification."

b) Amend and supplement Clause 3 of Article 12 as follows:

"3. Submitting applications: Organizations and individuals complete one set of application documents as prescribed and submit them directly or through the postal system or the online public service portal or by other appropriate methods to the Quality Management and Safety Certification Center."

c) Amend and supplement Clause 4 of Article 12 as follows:

"4. Receiving applications: The Quality Management and Safety Certification Center receives applications and checks the application components: if the application is incomplete, it shall guide organizations and individuals to complete the application on the same working day (if submitted directly or through the online public service portal); or guide completion within two working days from the date of receipt of the application for cases submitted through the postal system or other appropriate methods; if the application is complete, within seven working days from the date of receipt of the complete application, the Quality Management and Safety Certification Center will agree on the evaluation time at the location requested by the applicant."

d) Amend and supplement Clause 5 of Article 12 as follows:

"5. Evaluation and issuance of certificates: After conducting the ship safety management system evaluation, if the results meet the requirements, the Quality Management and Safety Certification Center will issue or confirm the validity of the SMC certificate according to the provisions of the ISM Code within one working day from the completion of the evaluation; if not met, notify the organization or individual in writing."

đ) Amend and supplement Clause 6 of Article 12 as follows:

"6. Delivering results: Organizations and individuals can receive results directly at the Quality Management and Safety Certification Center or through the postal system or the online public service portal or other appropriate methods."

7. Amend and supplement Article 13 of Circular No. 40/2016/TT-BGTVT as follows:

"Article 13. Principles for Delegating Authority to Foreign Classification Societies to Survey, Classify and Issue Certificates for Technical Safety, Security, Labor Conditions, and Pollution Prevention for Vietnamese Ships

1. The Minister of Transport delegates the Director of the Vietnam Ship Registry to delegate authority to foreign classification societies to survey, classify and issue certificates for technical safety, security, labor conditions, and pollution prevention for Vietnamese ships.

2. When necessary, the shipowner may request the Director of the Vietnam Ship Registry to delegate authority to a foreign classification society to survey, classify and issue certificates for technical safety, security, labor conditions, and pollution prevention for Vietnamese ships in accordance with the classification rules of the delegated foreign classification society and relevant international conventions that the Socialist Republic of Vietnam is a member of. The quality, technical safety, and pollution prevention requirements of the classification rules of the foreign classification society must not be lower than those stipulated in the national technical standards of Vietnam and relevant international conventions that the Socialist Republic of Vietnam is a member of.

3. The delegated foreign classification society must sign an agreement with the Vietnam Ship Registry in accordance with the IMO's Organization of Classification Societies Law (RO Law). The Vietnam Ship Registry will announce the list of classification societies that have signed agreements with the Vietnam Ship Registry on the IMO's Global Integrated Shipping Information System (GISIS).

4. The delegation of authority to foreign classification societies to survey, classify and issue certificates for ships shall be carried out in one of the following ways:

a) Survey and issue classification certificates according to the rules of the delegated foreign classification society;

b) Survey and issue certificates for technical safety and pollution prevention according to Vietnamese laws and national technical standards;

c) Survey and issue certificates for maritime safety, ship security, labor conditions, and pollution prevention according to relevant international conventions that the Socialist Republic of Vietnam is a member of."

8. Amend and supplement Article 14 of Circular No. 40/2016/TT-BGTVT as follows:

"Article 14. Procedures for issuing authorization documents to foreign inspection organizations to inspect, classify, and issue certificates of technical safety, maritime safety, ship security, seafarer labor conditions, and environmental pollution prevention for Vietnamese ships.

1. The application package shall include:

a) One original or electronic form of the application according to Form 06 attached hereto;

b) One copy of the certificate of registration for Vietnamese ships or approval document for naming ships issued by the ship registration authority (in case of direct submission or through postal service) or an electronic copy (in case of submission through the online public service portal) for ships registering for the first time under the flag of Vietnam.

2. Submission of Application: Organizations and individuals shall complete one set of application documents as prescribed and submit them directly, through the postal service, through the online public service portal, or by other appropriate means to the Vietnam Ship Survey Bureau.

3. Receipt of Application: The Vietnam Ship Survey Bureau shall receive the application and check its components: if the application is incomplete, it shall guide the organization or individual to complete the application on the same working day (in case of direct submission or through the online public service portal), or provide guidance within two working days from the date of receipt of the application (in case of submission through the postal service or other appropriate means); if the application is complete, it shall schedule the time to deliver the result.

4. Examination of Application and Issuance of Authorization Document: After examining the application, if the result does not meet the requirements, the Vietnam Ship Survey Bureau shall notify the organization or individual; if the result meets the requirements, within one working day from the date of receiving the complete application as prescribed, the Vietnam Ship Survey Bureau shall issue the authorization document according to Form 07 stipulated in the attached Appendix.

5. Delivery of Result: Organizations and individuals may collect the result directly at the Vietnam Ship Survey Bureau, through the postal service, through the online public service portal, or by other appropriate means."

9. Amend and supplement Clauses 2, 3, 4, 5, and 6 of Article 15 of Circular No. 40/2016/TT-BGTVT as follows:

a) Amend and supplement Clause 2 of Article 15 as follows:

"2. The application package for requesting capability assessment and certification shall include:

a) One original or electronic form of the application according to Form 08 attached hereto;

b) One copy of the documentation including quality manuals and work procedures (in case of direct submission or through the postal service) or an electronic copy (in case of submission through the online public service portal) in accordance with national technical standards and related international treaties to which the Socialist Republic of Vietnam is a member."

b) Amend and supplement Clause 3 of Article 15 as follows:

"3. Submission of Application: Organizations and individuals shall complete one set of application documents as prescribed and submit them directly, through the postal service, through the online public service portal, or by other appropriate means to the Inspection Sub-bureau."

c) Amend and supplement Clause 4 of Article 15 as follows:

"4. Receipt of Application: The Inspection Sub-bureau shall receive the application and check its components: if the application is incomplete, it shall guide the organization or individual to complete the application on the same working day (in case of direct submission or through the online public service portal) or provide guidance within two working days from the date of receipt of the application (for cases submitted through the postal service and other appropriate means); if the application is complete, it shall proceed to examine the application.

Within three working days from the date of receipt of the application, if the examination result is not valid, the Inspection Sub-bureau shall guide the organization or individual to complete the application according to regulations; if the examination result is valid, it shall respond in writing and agree with the applicant on the time for actual assessment at the facility within five working days from the date of agreement."

d) Amend and supplement Clause 5 of Article 15 as follows:

"5. Assessment and Issuance of Certificate: After the Inspection Sub-bureau conducts the assessment, if the assessment result meets the requirements, the Inspection Sub-bureau shall issue the certificate according to regulations and publish the list of qualified facilities on the website of the Vietnam Ship Survey Bureau within one working day from the end of the actual assessment at the facility.

If the assessment result does not meet the requirements, the Inspection Sub-bureau shall send a document to the facility specifying the reasons for non-compliance within one working day from the end of the actual assessment at the facility."

đ) Amend and supplement Clause 6 of Article 15 as follows:

5. Amend and supplement Clauses 2, 3, 4, 5, and 6 of Article 11 of Circular No. 40/2016/TT-BGTVT as follows:

10. Amend and supplement Clauses 2, 3, 4, 5, and 6 of Article 16 of Circular No. 40/2016/TT-BGTVT as follows:

a) Amend and supplement Clause 2 of Article 16 of Circular No. 40/2016/TT-BGTVT, which has been amended and supplemented at Clause 4 of Article 10 of Circular No. 16/2022/TT-BGTVT, as follows:

"2. The application package for requesting inspection shall include:

a) One original or electronic form of the application according to Form 09 attached hereto;

b) One copy of the technical file including technical specifications and inspection reports, test reports for containers, machines, materials, and equipment (in case of direct submission or through the postal service) or an electronic copy (in case of submission through the online public service portal or by other appropriate means)."

b) Amend and supplement Clause 3 of Article 16 as follows:

"3. Submission of Application: Organizations and individuals shall complete one set of application documents as prescribed and submit them directly, through the postal service, through the online public service portal, or by other appropriate means to the Vietnam Ship Survey Bureau or the Inspection Sub-bureau (hereinafter referred to as the inspection authority)."

c) Amend and supplement Clause 4 of Article 16 as follows:

"4. Receiving applications: The inspection agency receives the application file, checks the components of the file: if the file is incomplete, it immediately guides organizations and individuals to complete the file on the same working day (in case of direct submission or through the online public service portal) or guides completion within two working days from the date of receipt of the file (in case of submission through the postal system and other appropriate forms); if the file is complete, it agrees with the applicant on the time for practical inspection at the location requested by the applicant within seven working days from the date of the application."

d) Amend and supplement Clause 5 Article 16 as follows:

"5. Inspection and issuance of certificate: After conducting the inspection, if the inspection results meet the requirements, the inspection agency issues the Certificate according to regulations within three working days from the date of completing the inspection; if not, it notifies the organization or individual in writing."

đ) Amend and supplement Clause 6 Article 16 as follows:

"6. Delivering results: Organizations and individuals receive the results directly at the agency that received the application file or through the postal system or the online public service portal or other appropriate forms."

11. Amend and supplement Point a Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 Article 17 Circular No. 40/2016/TT-BGTVT as follows:

a) Amend and supplement Point a Clause 2 Article 17 as follows:

"a) One original or electronic form of the application form according to Form No. 10 attached to this Circular;"

b) Amend and supplement Clause 3 of Article 17 as follows:

"3. Submitting the application file: Organizations and individuals complete one set of application files according to regulations and submit them directly or through the postal system or through the online public service portal or by other appropriate forms to the National Digital Transformation Center, Data Center of the Vietnam Registration Agency (hereinafter referred to as the DTTC) or training institutions meeting the prescribed conditions."

c) Amend and supplement Clause 4 Article 17 as follows:

"4. Receiving the application file: The DTTC or training institution for seafarers receives the application file, checks the components of the file: if the file is incomplete, it immediately guides organizations and individuals to complete the file on the same working day (in case of direct submission) or guides completion within two working days from the date of receipt of the file (in case of submission through the postal system and other appropriate forms); if the file is complete, it agrees with the individual or organization on the time and place for vocational training."

d) Amend and supplement Clause 5 Article 17 as follows:

"5. Organizing training and issuing certificates: The DTTC or training institution for seafarers organizes vocational training and final examination for individuals applying for the issuance of the Vocational Training Certificate for marine company safety management personnel.

Within three working days from the end of the training course, the DTTC or training institution for seafarers issues the Certificate according to Form No. 12 attached to this Circular to individuals who have passed the examination."

đ) Amend and supplement Clause 6 Article 17 as follows:

"6. Delivering results: Organizations and individuals receive the results directly at the DTTC or training institution for seafarers or through the postal system or the online public service portal or other appropriate forms."

12. Amend and supplement Point a Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 Article 18 Circular No. 40/2016/TT-BGTVT as follows:

a) Amend and supplement Point a Clause 2 Article 18 as follows:

"2. The application file for the issuance of the welding certificate includes:

a) One original or electronic form of the application form according to Form No. 11 attached to this Circular."

b) Amending and supplementing Clause 3 of Article 18 as follows:

"3. Submission of Application: Organizations and individuals shall complete one set of application documents as prescribed and submit them directly, through the postal service, through the online public service portal, or by other appropriate means to the Inspection Sub-bureau."

c) Amend and supplement Clause 4 of Article 18 as follows:

"4. Receiving the application file: The Registration Bureau receives the application file, checks the components of the file: if the file is incomplete, it immediately guides organizations and individuals to complete the file on the same working day (in case of direct submission or through the online public service portal) or guides completion within two working days from the date of receipt of the file (in case of submission through the postal system and other appropriate forms); if the file is complete, it agrees on the time for practical skill inspection."

d) Amend and supplement Clause 5 Article 18 as follows:

"5. Inspection and issuance of certificate: After conducting the practical skill inspection, if the inspection results meet the requirements, the Registration Bureau issues the Certificate according to regulations within three working days from the date of completing the practical skill inspection."

đ) Amend and supplement Clause 6 Article 18 as follows:

5. Amend and supplement Clauses 2, 3, 4, 5, and 6 of Article 11 of Circular No. 40/2016/TT-BGTVT as follows:

13. Add Article 21a after Article 21 of Circular No. 40/2016/TT-BGTVT as follows:

"Article 21a. Responsibilities of the Training Center for Seafarers, training institutions

Organize vocational training and issue certificates of vocational training for company ship safety management personnel in accordance with the requirements set out in MSC-MEPC.7/Circ.6 of the International Maritime Organization (IMO) and in accordance with the provisions of this Circular.

14. Replace Forms No. 03, No. 04, No. 05, No. 06, No. 07, No. 08, No. 09, and No. 10 attached to Circular No. 40/2016/TT-BGTVT with Forms No. 03, No. 04, No. 05, No. 06, No. 07, No. 08, No. 09, and No. 10 attached to Appendix I of this Circular.

15. Replace Form No. 11 attached to Circular No. 40/2016/TT-BGTVT, which has been amended and supplemented by Circular No. 16/2022/TT-BGTVT, with Form No. 11 attached to Appendix I of this Circular.

16. Supplement Form No. 12 to Circular No. 40/2016/TT-BGTVT with Form No. 12 attached to Appendix I of this Circular.

Article 2. Amending and supplementing some articles of Circular No. 51/2017/TT-BGTVT dated December 29, 2017 of the Minister of Transport on marine surveyors and technical staff for marine surveys (hereinafter referred to as Circular No. 51/2017/TT-BGTVT).

1. Amend and supplement points a, c, đ, and e of Clause 1, Article 8 as follows:

a) Amend and supplement point a of Clause 1, Article 8 as follows:

"a) Hold a bachelor's degree or higher in a relevant field that meets the job requirements."

b) Amend and supplement Point c Clause 1 of Article 8 as follows:

"c) Possess basic information technology skills and be able to use a foreign language as required by the job position."

c) Amend and supplement point đ of Clause 1, Article 8 as follows:

"đ) Meet the requirements in the pre-recognition assessment for marine surveyors."

d) Amend and supplement point e of Clause 1, Article 8 as follows:

"e) Have a minimum internship period of three months for those who are already marine surveyors of international classification organizations that are members of the International Association of Classification Societies (IACS), or have more than three years of experience in the technical or operational fields of ships or offshore structures; six months for those with one to three years of experience in the technical or operational fields of ships or offshore structures; one year for other cases."

5. Amend and supplement point b of Clause 1, Article 9 as follows:

"b) Be able to use a foreign language as required by the job position."

6. Amend and supplement Clause 1, Article 13 as follows:

"1. The Vietnam Marine Registry shall organize assessments and recognize marine surveyors; re-recognize marine surveyors when their recognition certificates expire."

7. Amend and supplement Clause 1, Article 14 as follows:

"1. The certificate of recognition for marine surveyors is valid for five years according to Form No. 01 specified in the Appendix attached to this Circular."

8. Repeal point d of Clause 1, Article 8 and point a of Clause 1, Article 15 of Circular No. 51/2017/TT-BGTVT.

9. Replace Form No. 01 attached to Circular No. 51/2017/TT-BGTVT with Form 01 attached to Appendix II of this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from August 15, 2023. Clauses 4, 5, 6, 9, 10, 11, and 12 of Article 1 of this Circular take effect from January 1, 2024.

2. Administrative procedures prescribed in Circular No. 40/2016/TT-BGTVT that are being implemented before this Circular takes effect shall continue until completion and issuance of results in accordance with regulations.

3. Marine surveyors recognized under Circular No. 51/2017/TT-BGTVT shall continue to maintain their recognized status until the expiration date of their certificates and are not required to undergo annual confirmation.

4. The Director of the Ministry’s Office, the Inspector General, Heads of Departments, the Director of the Vietnam Marine Registry, Heads of agencies and units under the Ministry of Transport, and related organizations and individuals are responsible for implementing this Circular./.