Decree No. 29/2017/NĐ-CP on conditions for maritime training institutions, training facilities, and organizations recruiting and supplying seafarers

DECREE

Article 24stipulating conditions for training institutions and recruitment organizations

 and supply of seafarers sea

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 2010;

Pursuant to the Maritime Labour Convention, 2006;

At the proposal of the Minister of Transport;

The Government promulgates this Decree stipulating conditions for training institutions and recruitment organizations and supply of seafarers.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates conditions for training institutions and recruitment organizations and supply of seafarers, including: Conditions for training institutions and recruitment organizations, issuance of certificates confirming eligibility for conducting training activities and issuing certificates confirming compliance with recruitment and supply of seafarers.

Article 2. Applicability

This Decree applies to training institutions and recruitment organizations and supply of seafarers, and organizations and individuals related to training, recruitment, and supply of seafarers in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. STCW Convention refers to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 2010, to which Vietnam is a member.

2. MLC Convention refers to the Maritime Labour Convention, 2006, to which Vietnam is a member.

3. Training institution for seafarers (hereinafter referred to as training institution) is a training institution for seafarers working on ships according to the provisions of the STCW Convention, granted a certificate of eligibility for training seafarers according to the provisions of this Decree.

5. Recruitment organization and supply of seafarers is a business entity licensed to operate in the field of recruitment and supply of seafarers working on ships through leasing or subleasing or sending workers to work abroad in accordance with the law.

7. Authorized certification body includes the Vietnam Ship Survey Bureau, organizations of Vietnam or foreign organizations permitted to operate in the field of conformity certification according to Vietnamese law.

Chapter II

CONDITIONS FOR TRAINING INSTITUTIONS

 AND RECRUITMENT OF SEAFARERS

1. Possess physical facilities and training equipment meeting the purpose, scale of training and recruitment of each seafarer training program and conforming to national technical standards issued by the Minister of Transport.

2. Hold a certificate of compliance with quality management systems according to ISO 9001 standard issued by an authorized certification body.

3. Possess an electronic database managing seafarer vocational certificates for retrieval in accordance with the STCW Convention.

1. The team of lecturers and trainers must have good moral qualities, clear background, and sufficient health according to occupational requirements.

2. Lecturers teaching theoretical subjects must have a bachelor's degree or higher in relevant majors corresponding to the subject or specialty assigned to teach, and possess a teaching profession certificate as prescribed by law.

3. Lecturers and trainers teaching practical subjects must hold a Certificate of Chief Trainer or equivalent certificate issued by the International Maritime Organization (IMO) or an entity recognized by IMO in accordance with the provisions of the STCW Convention; they must have held a position on board ships at the level of management officer or above, depending on the requirements of each training program as stipulated by the Minister of Transport.

4. Training and education institutions must have a sufficient number of lecturers and trainers meeting the requirements of each training program as prescribed by the Minister of Transport, including at least 50% of full-time lecturers and trainers for each training program.

5. The maximum ratio of students to lecturers and trainers is 25 students per lecturer or trainer.

Article 6. Conditions for training programs

Must have complete training programs, educational materials as prescribed by the Minister of Transport.

1. The Minister of Transport issues the Certificate in accordance with the provisions of this Decree.

2. Training and education institutions submit one set of application documents directly or send them through appropriate means to the Ministry of Transport. The application includes:

a) An Application Form according to Model No. 01 stipulated in the Appendix attached to this Decree;

b) A certified copy or a copy accompanied by the original for verification of the Decision establishing or allowing the establishment of the training institution;

c) A report detailing the conditions ensuring the operation of training and education activities according to Model No. 02 prescribed in the Appendix attached to this Decree.

3. The Ministry of Transport receives the application. If the application is not valid, within three working days from the date of receipt, the Ministry of Transport will issue a document guiding the training institution to complete the application in accordance with this Decree. If the application is valid, within fifteen working days from the date of receipt, the Ministry of Transport will conduct an on-site inspection and issue the Certificate according to Model No. 03 prescribed in the Appendix attached to this Decree; if the Certificate is not issued, there must be a response document explaining the reasons.

Article 8. Reissuing the Certificate

1. The Certificate is reissued in cases where it is lost, damaged, or there are changes in information about the training institution.

Article 9. Suspension of Training and Crew Training Activities

1. The training and crew training institution shall have its training and crew training activities suspended in the following cases:

a) Failure to maintain one of the conditions for the training and crew training institution as stipulated in this Decree;

b) Other cases as prescribed by law.

Article 10. Revocation of Certificate

1. The certificate of the training and crew training institution shall be revoked in the following cases:

a) The training and crew training institution ceases operations in accordance with the provisions of the law or at the request of the institution;

b) The training and crew training institution intentionally distorts information when implementing procedures for issuing the certificate;

c) The training and crew training institution does not organize training and crew training activities for seafarers within 18 months from the date of issuance of the certificate;

d) At the end of the suspension period, the training and crew training institution fails to rectify the violation that led to the suspension.

đ) Other cases as prescribed by law.

The Ministry of Transport shall direct the Vietnam Maritime Administration:

1. To annually take the lead and coordinate with seafarer training and crew training institutions to internally evaluate the training and crew training activities for seafarers in accordance with the standards prescribed by law.

2. To conduct independent evaluations of seafarer training and crew training institutions every five years in accordance with the standards prescribed by the STCW Convention.

Chapter III

 ISSUANCE OF CERTIFICATE OF COMPLIANCE

FOR SEAFARER RECRUITMENT AND PROVISION SERVICES

Article 12. Cases for Issuance of Certificate of Compliance

The certificate of compliance shall be issued to organizations engaged in seafarer recruitment and provision services that have been authorized by competent authorities to operate in the field of recruiting and providing labor as seafarers working on ships through leasing, subleasing labor, or sending workers to work abroad in accordance with the law.

a) Application form according to Form No. 04 stipulated in the Appendix promulgated together with this Decree;

b) A certified copy or a copy accompanied by the original for verification of the permit to send seafarers to work abroad or the permit for leasing or subleasing seafarers working on ships under the form of leasing or subleasing labor or sending workers to work abroad as prescribed by law;

c) A certified copy or a copy accompanied by the original for verification of the Certificate of Compliance with the Quality Management System according to ISO 9001 standard and Regulation 1.4 of the MLC Convention regarding recruitment and provision services for seafarers.

2. The Vietnam Maritime Administration shall accept applications. If the application is incomplete, the Vietnam Maritime Administration shall notify and guide the organization engaged in seafarer recruitment and provision services to complete the application in accordance with this Decree within three working days from the date of receipt of the application. If the application is complete, the Vietnam Maritime Administration must issue the certificate of compliance according to Model No. 05 attached to this Decree within three working days from the date of receipt of the application; if the certificate is not issued, a written response must be provided with the reasons stated.

3. The Vietnam Maritime Administration shall announce information about organizations engaged in seafarer recruitment and provision services that have been issued certificates of compliance on the Vietnam Maritime Administration's electronic portal.

Article 14. Reissuing the Confirmation Certificate

1. The Confirmation Certificate shall be reissued in the following cases: the Confirmation Certificate has expired, been lost, damaged, or there has been a change in information of the organization recruiting or supplying seafarers.

Article 15. Revoking the Confirmation Certificate

1. The Confirmation Certificate shall be revoked in the following cases:

a) The organization recruiting or supplying seafarers is not granted reissuance or extension or has had its permit for recruitment and supply of seafarers for work on ships (permit for leasing, subleasing labor or sending workers to work abroad) revoked.

b) Other cases as prescribed by law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Implementation Organization

1. The Ministry of Transport shall have the responsibility:

a) Directing, guiding, organizing the implementation of this Decree;

b) Issuing technical standards for training institutions for seafarers;

c) Taking the lead and coordinating with the Ministry of Labor, Invalids and Social Affairs to organize reviews, amendments, supplements, issuance, or submission to competent authorities for issuance of regulations on managing the leasing and subleasing of seafarers in Vietnam;

d) Organizing inspections, checks, and handling violations of the implementation of regulations on training and recruitment of seafarers as stipulated in this Decree and other related laws.

2. The Ministry of Labor, Invalids and Social Affairs shall have the responsibility:

a) Taking the lead and coordinating with the Ministry of Transport and relevant agencies to submit to the Prime Minister for supplementing seafarer jobs on ships into the List of jobs allowed for subleasing labor as specified in Appendix V issued together with Government Decree No. 55/2013/NĐ-CP dated May 22, 2013 detailing the implementation of Clause 3 of Article 54 of the Labor Code regarding the issuance of permits for subleasing labor activities, the deposit requirement, and the List of jobs allowed for subleasing labor;

b) Providing specific guidance on issuing permits for leasing and subleasing Vietnamese seafarers working on foreign ships;

c) Coordinating with the Ministry of Transport in implementing this Decree.

3. Provincial People's Committees and municipal people's committees under the central government, based on their functions, tasks, and authority as prescribed, shall have the responsibility to coordinate with the Ministry of Transport, the Ministry of Labor, Invalids and Social Affairs, and relevant agencies to manage training, recruitment, and supply of seafarers in Vietnam.

4. Training and training institutions for seafarers shall have the responsibility to strictly implement and maintain the conditions stipulated in this Decree and other related laws throughout the period of training and training seafarers.

5. Enterprises recruiting and supplying seafarers shall have the responsibility to strictly implement and maintain the conditions stipulated in this Decree and other related laws throughout the period of organizing recruitment and supply of seafarers.

Article 17. Effective Date

This Decree takes effect from July 1, 2017.

Training and training institutions for seafarers that have been approved by the Ministry of Transport to organize training and training of seafarers; organizations recruiting and supplying seafarers that have been granted operating permits before the effective date of this Decree shall continue to operate until the expiration of the approved or permitted period. After this period, these training and training institutions and organizations mentioned above must fully meet the conditions to obtain the Certificate of Recognition or Confirmation Certificate as prescribed in this Decree.

Article 19. Responsibility for Implementation

1. The Minister of Transport shall be responsible for leading and coordinating with relevant ministries, sectors, and agencies to implement this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and centrally governed city People's Committees shall be responsible for implementing this Decree./