Decision No. 31/2008/QD-BGTVT On professional standards, professional certificates of seafarers and minimum safety manning for Vietnamese ships

Pursuant to …;

Regarding professional standards, the professional certificates of seafarers, and the minimum safe manning for Vietnamese ships

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MINISTER OF TRANSPORTATION

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;

At the proposal of the Director of the Vietnam Maritime Administration and the Head of the Cadre and Civil Servant Organization Department,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability     

1. This Decision stipulates the professional standards, professional certificates of seafarers, and the minimum safe manning for Vietnamese ships.

2. This Decision applies to agencies, organizations, individuals, and seafarers related to the professional standards, professional certificates of seafarers, and the minimum safe manning for Vietnamese ships.

3. This Decision applies to public service vessels in cases specifically provided for in this Decision.

Article 2. Interpretation of Terms

In this Decision, the following terms shall be understood as follows:

1. Oil Tanker is a ship constructed and used for transporting crude oil and petroleum products;

2. Chemical Tanker is a ship constructed or converted and used for transporting bulk liquid chemicals as defined in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code);

3. Gas Carrier is a ship constructed or converted and used for transporting bulk liquefied gases as defined in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code);

4. Ro-Ro Passenger Ship is a passenger ship with Ro-Ro spaces or special purpose spaces as defined in Regulation II-2/3 of the International Convention for the Safety of Life at Sea 1974, as amended;

5. Near-coastal voyage is a voyage of a ship with a gross tonnage under 500 GT within waters bounded by straight lines connecting the following coordinates: 12000’N, 100000’E; 23000’N, 100000’E; 23000’N, 114020’E; 12000’N, 114020’E; 12000’N, 116000’E; 07000’N, 116000’E and 07000’N, 102030’E. Additionally, voyages of ships in waters under the sovereignty, sovereign rights, and jurisdiction of Vietnam are considered near-coastal voyages;

6. Training Record Book is a logbook issued to cadet officers on board ships of 500 GT and above, and cadet engineers on main propulsion machinery of 750 KW and above;

7. Period of training means the time spent by seafarers working on board ships according to a training program consistent with the STCW Convention;

8. Probationary period is the period of training in the corresponding rank on board a ship under the supervision of an officer, following the issuance of a Certificate of Competency (hereinafter referred to as CCC);

9. Time served in a position is the period of work in the corresponding rank according to the CCC issued;

10. Sea service time is the time that seafarers and trainees work or train on board ships;

11. STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995;

12. STCW Code refers to the STCW Code attached to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995;

13. Certificate of Recognition of GCNKNCM means a confirmation document issued by the Director of the Vietnam Maritime Administration to foreign seafarers holding a Certificate of Competency issued in accordance with the STCW Convention to work on Vietnamese ships;

14. The confirmation of the issuance of the CCC is a certificate issued by the Director of the Vietnam Maritime Administration to seafarers who have been certified by the training institution's head as having completed the relevant training course in accordance with Regulations IV/2 and V/1 of the STCW Convention; as required by Regulations IV/2 and V/1 of the STCW Convention;

15. Under 75 KW - abbreviation for the English term "Gross Tonnage" - total volume.

Chapter II

PROFESSIONAL STANDARDS OF SEAFARERS

Article 3. Professional standards for masters and chief officers of ships of 500 GT and above

Captains and chief officers of vessels with a gross tonnage of 500 GT or more must meet the professional standards specified in Sections A-II/1, A-II/2, A-IV/2, and A-VIII/2 of the STCW Code regarding the following functions:

1. Navigation at the management level;

2. Cargo handling and stowage at the management level;

3. Control of vessel operations and care for persons on board at the management level;

4. Communication at the operational level.

Article 4. Professional standards for masters and chief officers of ships from 50 GT to less than 500 GT on near-coastal voyages and masters of ships under 50 GT            

Masters and chief officers of ships from 50 GT to less than 500 GT on near-coastal voyages and masters of ships under 50 GT must meet the professional standards set out in Sections A-II/3, A-IV/2, and A-VIII/2 of the STCW Code for the following functions:

1. Navigation at the management level;

2. Cargo handling and stowage at the management level;

3. Control of vessel operations and care for persons on board at the management level;

4. Communication at the operational level.

Article 5. Professional standards for deck officers on ships with a gross tonnage of 500 GT or more

Deck officers of vessels with a gross tonnage of 500 GT or more must meet the professional standards specified in Sections A-II/1, A-IV/2, and A-VIII/2 of the STCW Code regarding the following functions:

1. Navigation at operational level;

2. Cargo handling and stowage at operational level;

3. Control of vessel operations and care for persons on board at the operational level;

4. Communication at the operational level.

Article 6. Professional standards for deck officers on ships with a gross tonnage of 50 GT to less than 500 GT operating in coastal waters

Deck officers of vessels with a gross tonnage of 50 GT to less than 500 GT operating in near coastal waters must meet the professional standards specified in Sections A-II/3, A-IV/2, and A-VIII/2 of the STCW Code regarding the following functions:

1. Navigation at operational level;

2. Cargo handling and stowage at operational level;

3. Control of vessel operations and care for persons on board at the operational level;

4. Communication at the operational level.

Article 7. Professional standards for watchkeeping ratings

Watchkeeping ratings must meet the professional standards specified in Section A-II/4 of the STCW Code concerning navigation at assistance level.

Article 8. Professional standards for chief engineers and second engineers on ships with main engine power of 750 KW or more

Chief engineers and second engineers on ships with main engine power of 750 KW or more must meet the professional standards specified in Sections A-III/1, A-III/2, and A-VIII-2 of the STCW Convention regarding the following functions:

1. Marine engineering technology at the management level;

2. Electrical, electronic, and machinery control technology at management level;

3. Maintenance and repair at management level;

4. Control of vessel operations and care for persons on board at the management level.

Article 9. Professional standards for chief engineers and second engineers on ships with main engine power from 75 KW to less than 750 KW and chief engineers on ships with main engine power under 75 KW

Chief engineers and second engineers on ships with main engine power from 75 KW to less than 750 KW and chief engineers on ships with main engine power under 75 KW must meet the professional standards according to the training program prescribed by the Minister of Transport regarding the following functions:

1. Marine engineering technology at the management level;

2. Electrical, electronic, and machinery control technology at management level;

3. Maintenance and repair at management level;

4. Control of vessel operations and care for persons on board at the management level.

Article 10. Professional standards for engine officers on ships with main engine power of 750 KW or more

Engine officers on ships with main engine power of 750 KW or more must meet the professional standards specified in Sections A-III/1 and A-VIII-2 of the STCW Convention regarding the following functions:

1. Marine engineering technology at the operational level;

2. Electrical, electronic, and machinery control technology at operational level;

3. Maintenance and repair at operational level;

4. Control of vessel operations and care for persons on board at the operational level.

Article 11. Professional standards for engine officers on ships with main engine power from 75 KW to less than 750 KW

Engine officers on ships with main engine power from 75 KW to less than 750 KW must meet the professional standards according to the training program prescribed by the Minister of Transport regarding the following functions:

1. Marine engineering technology at the operational level;

2. Electrical, electronic, and machinery control technology at operational level;

3. Maintenance and repair at operational level;

4. Control of vessel operations and care for persons on board at the operational level.

Article 12. Professional standards for watchkeeping engineers

Duty engineers must meet the professional standards specified in Section A-III/4 of the STCW Convention regarding the technical function of marine machinery at the assistance level.

Chapter III

SEAFARER SPECIALIST CERTIFICATES

Section 1

TYPES OF SPECIALIST CERTIFICATES

Article 13. Classification and Sample of Professional Certificates

1. The professional certificates for seafarers on Vietnamese ships include the following types:

a) Professional competence certificate;

b) Basic Training Certificate;

c) Special Training Certificate;

d) Vocational Training Certificate.

2. The samples of the professional certificates are specified in Appendix I of this Decision.

Article 14. Certificate of Competency

1. The General Competency Certificate for Seafarers (GCNKNCM) is issued by the Director of the Vietnam Maritime Administration to seafarers to assume positions as prescribed in this Decision, other relevant regulations of Vietnamese law, and in accordance with the provisions of the STCW Convention.

2. The GCNKNCM is valid for no more than 5 years from the date of issuance.

Article 15. Basic Training Certificate

1. The Basic Training Certificate is issued by the training institution to seafarers and students who have completed the basic training program on survival techniques, fire prevention and extinguishing, basic first aid, life safety, and social responsibility as prescribed by the Minister of Transport, in compliance with the provisions of the STCW Convention.

2. The Basic Training Certificate has no time limit for use.

Article 16. Special Training Certificate

1. The Special Training Certificate is issued by the training institution to seafarers and students who have completed one of the special training programs as prescribed by the Minister of Transport, in compliance with the provisions of the STCW Convention, including:

a) Familiarization with oil tankers, chemical carriers, liquefied gas carriers, passenger ships, or Ro-Ro passenger ships;

b) Advanced operations on oil tankers, chemical carriers, or liquefied gas carriers;

d) Passenger safety, cargo safety, and hull integrity;

d) Passenger safety, cargo safety, and hull integrity;

e) Safety.

2. The Special Training Certificate is valid for use for five years from the date of issuance.

2. The Special Training Certificate is valid for no more than 5 years from the date of issuance.

Article 17. Vocational Training Certificate

1. The Vocational Training Certificate is issued by the training institution to seafarers and students who have completed one of the vocational training programs as prescribed by the Minister of Transport, in compliance with the provisions of the STCW Convention and related international conventions to which Vietnam is a party, including:

c) Global Maritime Distress and Safety System (GMDSS): General Operator's Certificate (GOC), Restricted Operator's Certificate (ROC);

b) Automatic Radar Plotting Aid (ARPA) equipment;

đ) First aid;

e) Medical care;

g) Lifeboat, rescue boat;

h) High-speed rescue boat.

2. The GOC and ROC Proficiency Training Certificates are valid for use for five years from the date of issuance; other Proficiency Training Certificates have no time limit for use.

h) High-speed rescue boats;

i) Marine Security Officer;

k) Bridge Resource Management;

l) Engine Room Resource Management;

m) Maritime English;

n) Electronic Navigation Charts;

o) Ship Safety Management.

2. The General Operation Certificate (GOC) and Restricted Operation Certificate (ROC) are valid for no more than 5 years from the date of issuance; other Vocational Training Certificates have no usage time limit.

Section 2

1. Meeting the age requirement and health standards as prescribed;

2. Graduating from a specialized maritime school in marine navigation or marine engine operation;

3. In the following cases, additional courses not previously taken or insufficiently covered must be supplemented:

a) Graduating from a specialized field as prescribed in Clause 2 of this Article at other schools;

2. Graduation from a specialized maritime training institution in ship navigation control or marine engine operation;

c) Graduating from inland waterway navigation or inland waterway engine operation at a specialized inland waterway school;

4. Having a valid file as prescribed in Article 43 of this Decision;

5. Meeting the professional requirements and time periods for assuming positions corresponding to each position as prescribed in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 of this Decision.

c) Graduated in the major of inland waterway vessel control or inland waterway vessel machinery from specialized inland waterway training institutions;

4. Have a valid file in accordance with Article 43 of this Decision;

5. Meeting the professional and experience requirements corresponding to each position as stipulated in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and Article 33 of this Decision.

Article 19. Conditions for issuing the Certificate of Competency for Master and Chief Officer of vessels of 3,000 GT and above

1. Professional conditions:

a) Graduated from a bachelor's degree program in marine navigation; in cases where the graduate has completed a college or vocational college program with a duration of 36 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level C or higher;

c) Completing the professional refresher course as prescribed by the Ministry of Transport and passing the officer examination at the level of managing ships of 3,000 GT and above.

2. Time requirements for holding the position:

a) For Chief Officer: having at least 24 months of experience in the position of Deck Officer on ships of 500 GT and above;

b) For masters: have at least 24 months of experience in the position of chief officer on vessels of 3,000 GT and above, or at least 12 months of experience in the position of master on vessels of 500 GT to less than 3,000 GT.

Article 20. Conditions for issuing the Certificate of Competency for Master and Chief Officer of vessels of 500 GT to less than 3,000 GT

1. Professional conditions:

a) Graduated from a college or vocational college program in marine navigation with a duration of 36 months; in cases where the graduate has completed a vocational college program in marine navigation with a duration of less than 36 months or a vocational program with a duration of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Completing the professional refresher course as prescribed by the Ministry of Transport and passing the officer examination at the level of managing ships of 500 GT to less than 3,000 GT.

2. Time requirements for holding the position:

a) For Chief Officer: having at least 24 months of experience in the position of Deck Officer on ships of 500 GT and above;

b) For masters: have at least 24 months of experience in the position of chief officer on vessels of 500 GT to less than 3,000 GT, or at least 12 months of experience in the position of master on vessels of 50 GT to less than 500 GT on near-coastal voyages.

Article 21. Conditions for issuing the Certificate of Competency for Master and Chief Officer of vessels of 50 GT to less than 500 GT not on near-coastal voyages

Masters and Chief Officers of ships from 50 GT to less than 500 GT not operating in coastal waters must hold a Certificate of Competency of Masters and Chief Officers of ships from 500 GT and above.

Article 22. Conditions for issuing the Certificate of Competency for Master and Chief Officer of vessels of 50 GT to less than 500 GT on near-coastal voyages

1. Professional conditions:

a) Graduated from a vocational college program in marine navigation with a duration of less than 36 months or a vocational program with a duration of 24 months; in cases where the graduate has completed a vocational program in marine navigation with a duration of less than 24 months or a long-term vocational training program with a duration of less than 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level A or higher;

c) Complete the short-term vocational training program as prescribed by the Ministry of Transport and pass the officer examination according to the management level of ships from 50 GT to less than 500 GT.

2. Time requirements for holding the position:

a) For Chief Officers: have a minimum of 24 months of experience serving in the position of deck officer on ships from 50 GT to less than 500 GT operating in coastal waters;

b) For Masters: have a minimum of 24 months of experience serving in the position of Chief Officer on ships from 50 GT to less than 500 GT operating in coastal waters.

Article 23. Conditions for issuing the Certificate of Competency for Master of vessels under 50 GT

1. Professional conditions:

a) Completion of secondary education;

b) Completed a short-term specialized training program in marine navigation and achieved the examination results as prescribed by the Ministry of Transport; in cases where the graduate has completed a vocational program in marine navigation at the elementary level, only achieving the examination results is required.

2. Sea service time requirement:

At least 12 months of sea service time.

Article 24. Conditions for issuing the Certificate of Competency for Deck Officer of vessels of 500 GT and above

1. Professional conditions:

a) Graduated from a college or vocational college program in marine navigation with a duration of 36 months; in cases where the graduate has completed a vocational college program in marine navigation with a duration of less than 36 months or a vocational program with a duration of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Pass the examination for deck officers on ships from 500 GT and above.

2. Time requirements for holding the position:

a) Have at least 12 months of recorded practical training in the "Training Record Book" according to the training program meeting the requirements of Section A-II/1 of the STCW Convention, or at least 36 months of sea service on vessels of 500 GT and above, including at least 6 months in the position of duty seaman;

b) In cases where the individual has served as a deck officer on ships from 50 GT to less than 500 GT operating in coastal waters, they must have at least 6 months of sea service on ships from 500 GT and above.

Article 25. Conditions for issuing the Certificate of Competency for Deck Officer of vessels of 50 GT to less than 500 GT not on near-coastal voyages

Deck officers of vessels of 50 GT to less than 500 GT not on near-coastal voyages must hold the Certificate of Competency for Deck Officer of vessels of 500 GT and above as prescribed in Article 24 of this Decision.

Article 26. Conditions for issuing the Certificate of Competency for Deck Officers on vessels from 50 GT to less than 500 GT in near coastal navigation

1. Professional conditions:

a) Graduated in the marine navigation major at a vocational college level with a training period of less than 36 months or a vocational training program of 24 months; in cases where the graduate has completed a vocational training program in marine navigation for less than 24 months or a long-term vocational training program for less than 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level A or higher;

c) Achieve the results of the examination for deck officers on vessels from 50 GT to less than 500 GT in near coastal navigation.

2. Time requirements for holding the position:

Have a minimum of 36 months of sea service on vessels of 50 GT or more.

Article 27. Conditions for issuing the Certificate of Competency for Chief Engineer and Second Engineer on vessels with main engine power of 3,000 kW or more

1. Professional conditions:

a) Graduated in the marine engineering major at the bachelor's degree level; in cases where the graduate has completed a vocational college or vocational training program in marine engineering for 36 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level C or higher;

c) Complete the professional development program as prescribed by the Ministry of Transport and achieve the results of the Officer examination for vessels with main engine power of 3,000 kW or more.

2. Time requirements for holding the position:

a) For Second Engineer: have a minimum of 24 months of experience in holding the position of Engineer Officer on vessels with main engine power of 750 kW or more;

b) For Chief Engineers: have a minimum of 24 months of experience in the position of Second Engineer on vessels with main engine power of 3,000 kW or more, or a minimum of 12 months in the position of Chief Engineer on vessels with main engine power from 750 kW to less than 3,000 kW.

Article 28. Conditions for issuing the Certificate of Competency for Chief Engineer and Second Engineer on vessels with main engine power from 750 kW to less than 3,000 kW

1. Professional conditions:

a) Graduated in the marine engineering major at the vocational college or vocational training program level for 36 months; in cases where the graduate has completed a vocational college or vocational training program in marine engineering for less than 36 months or a vocational training program of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Complete the professional development program as prescribed by the Ministry of Transport and achieve the results of the Officer examination for vessels with main engine power from 750 kW to less than 3,000 kW.

2. Time requirements for holding the position:

a) For Second Engineer: have a minimum of 24 months of experience in holding the position of Engineer Officer on vessels with main engine power of 750 kW or more;

b) For Chief Engineers: have a minimum of 24 months of experience in the position of Second Engineer on vessels with main engine power from 750 kW to less than 3,000 kW, or a minimum of 12 months in the position of Chief Engineer on vessels with main engine power from 75 kW to less than 750 kW.

Article 29. Conditions for issuing the Certificate of Competency for Chief Engineer and Second Engineer on vessels with main engine power from 75 kW to less than 750 kW

1. Professional conditions:

a) Graduated in the marine engineering major at the vocational college or vocational training program level for less than 36 months or a vocational training program of 24 months; in cases where the graduate has completed a vocational training program in marine engineering for less than 24 months or a long-term vocational training program for less than 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level A or higher;

c) Completed the vocational training program as prescribed by the Ministry of Transport and achieved the results of the officer examination according to the management level of vessels with main engine power from 75 kW to less than 750 kW.

2. Time requirements for holding the position:

a) For Second Engineer: have served in the position of marine machinery officer on vessels with main engine power from 75 kW to less than 750 kW for a minimum of 24 months;

b) For Chief Engineers: have a minimum of 24 months of experience in the position of Second Engineer on vessels with main engine power from 75 kW to less than 750 kW, or a minimum of 36 months in the position of Marine Engineering Officer on vessels with main engine power from 75 kW to less than 750 kW.

Article 30. Conditions for issuing the Certificate of Competency for Chief Engineer on vessels with main engine power under 75 kW

1. Professional conditions:

a) Completion of secondary education;

b) Complete the short-term specialized training program in marine engineering and achieve the examination results as prescribed by the Ministry of Transport; in cases where the graduate has already completed a vocational training program in marine engineering at the basic vocational level, they only need to achieve the examination results.

2. Sea service time requirement: have at least 12 months of sea service.

Article 31. Conditions for issuing a Certificate of Competency for Officers of Ships with Main Engine Power of 750 kW or More

1. Professional conditions:

a) Graduated in the marine engineering major at the vocational college or vocational training program level for 36 months; in cases where the graduate has completed a vocational college or vocational training program in marine engineering for less than 36 months or a vocational training program of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Achieved the results of the examination for Marine Machinery Officer on vessels with main engine power of 750 kW or more.

2. Time requirements for holding the position:

a) Having a minimum of 12 months of training recorded in the "Training Record Book" according to a training program meeting the requirements set out in Section A-III/1 of the STCW Convention or having a minimum of 36 months of sea service on ships with main engine power of 750 kW or more, including at least six months serving in the capacity of an engineer watchman.

b) In cases where already served in the position of Marine Machinery Officer on vessels with main engine power from 75 kW to less than 750 kW, must have at least 6 months of sea service on vessels with main engine power of 750 kW or more.

Article 32. Conditions for issuing a Certificate of Competency for Officers of Ships with Main Engine Power from 75 kW to less than 750 kW

1. Professional conditions:

a) Graduating from a vocational college or technical college majoring in marine machinery operation with a training period of less than 36 months, or graduating from a technical college majoring in marine machinery operation with a training period of 24 months; in cases where the graduate has completed a training period of less than 24 months at a technical college majoring in marine machinery operation or a long-term vocational training program with a training period of less than 24 months, they must complete an advanced training program prescribed by the Ministry of Transport.

b) Possess an English proficiency certificate at level A or higher;

c) Achieved the results of the examination for Marine Machinery Officer on vessels with main engine power from 75 kW to less than 750 kW.

2. Time requirements for holding the position:

Having a minimum of 36 months of sea service on ships with main engine power of 75 kW or more.

Article 33. Conditions for issuing the Certificate of Competency for Watchkeeping Seafarer and Watchkeeping Motorman

1. Watchkeeping Crew:

a) Graduating from a vocational college majoring in ship control with a training period of less than 24 months; in cases where the graduate has completed a short-term vocational training program majoring in ship control, they must complete an advanced training program prescribed by the Ministry of Transport.

b) Hold a basic training certificate;

c) Having a minimum of two months of probationary period as watchkeeping crew.

2. Watchkeeping Motorman:

a) Graduating from a vocational college majoring in marine machinery operation with a training period of less than 24 months; in cases where the graduate has completed a short-term vocational training program majoring in marine machinery operation, they must complete an advanced training program prescribed by the Ministry of Transport.

b) Hold a basic training certificate;

c) Have at least 02 months of probationary period as a watchkeeping motorman.

Section 3

ORGANIZATION OF OFFICER EXAMINATIONS

Article 34. Examination Board for Officers

1. The Examination Board for Officers (hereinafter referred to as the Examination Board) shall be established by the Director of the Vietnam Maritime Administration, consisting of five to seven members: The Chairman of the Examination Board is the leadership of the Vietnam Maritime Administration; other members include representatives from the Department of Organization and Cadres of the Ministry of Transport, relevant functional departments of the Vietnam Maritime Administration, and heads of training institutions.

2. The Examination Board has the following tasks:

a) Advising the Director of the Vietnam Maritime Administration to decide on: the list of candidates; establishing the Examination Committee for Officer Examinations (hereinafter referred to as the Examination Committee) to organize and grade the examinations; examination questions for each rank; recognizing the results of the examination.

b) Organizing, inspecting, supervising, and managing the examinations;

c) Compiling and reporting the examination results;

d) Handling violations of examination regulations.

Article 35. Examination Committee

1. The Examination Committee shall be established by the Director of the Vietnam Maritime Administration based on the proposal of the Chairman of the Examination Board.

2. The number of members of the Examination Committee depends on the number of candidates but must have a minimum of three members, of which at least one-third of the committee members do not directly teach. Members of the Examination Committee are captains, chief engineers, instructors who have the ability, experience, and professional qualifications corresponding to the required level and expertise for each examination session.

3. Tasks of the Examination Committee:

a) Strictly, fairly, accurately, and correctly asking and grading exams to assess the candidates' level;

b) Detecting errors in the exam questions and promptly proposing adjustments to the Examination Board;

c) Detecting and recommending to the Chairman of the Examination Board negative phenomena during the examination for prompt resolution.

Section 4

CONFIRMATION, EXTENSION, REPLACEMENT, ISSUANCE AGAIN, REVOCATION OF SEAMAN'S BOOK

Article 36. Confirmation of Recognition of Seaman's Book

Foreign seafarers working on Vietnamese ships outside of the Certificate of Competency must hold a certificate confirming the recognition of the Certificate of Competency issued by the Director of the Vietnam Maritime Administration in accordance with the provisions of the STCW Convention.

Article 37. Extension, Replacement, Reissue, Revocation of Seaman's Book

1. A Seaman's Book that has expired may be extended if the seafarer meets the following conditions:

a) Within the working age and meeting health standards as prescribed;

b) Having held a position corresponding to the Seaman's Book for a total of twelve months or more within five years; in cases where this period is not met, they must undergo a three-month probationary period according to the position of the Seaman's Book.

2. A Seaman's Book that is damaged or torn can be replaced.

3. If the Certificate of Competency is lost, it may be reissued if the seafarer submits a request for reissue with confirmation from the port authority, police agency, commune people's committee, or another competent authority.

4. A Seaman's Book will be revoked if the seafarer falsifies application documents to take the examination or alters, forges, sells, rents, or lends the Seaman's Book. The Director of the Vietnam Maritime Administration decides on the revocation.

5. Based on the original file, the Director of the Vietnam Maritime Administration decides on the extension, replacement, or reissuance of the Seaman's Book.

Section 5

TRAINING AND TRAINING FACILITIES

Article 38. Basic Training

1. Seafarers and graduates from maritime training institutions shall be issued a basic training certificate by their respective training institution.

2. In cases where seafarers and trainees have not undergone basic training, they must complete the basic training program as prescribed and obtain a training certificate from the training institution.           

Article 39. Special Training

1. Specialized training shall be applied to seafarers working on oil tankers, chemical carriers, liquefied gas carriers, passenger ships, and Ro-Ro passenger ships.

2. Specialized training for seafarers working on oil tankers, chemical carriers, and liquefied gas carriers includes familiarization training and advanced training.

3. Specialized training for seafarers working on passenger ships and Ro-Ro passenger ships includes familiarization training and specific training programs for each position.

4. For oil tankers, chemical carriers, liquefied gas carriers, passenger ships, and Ro-Ro passenger ships, a familiarization training certificate shall be issued to seafarers who have completed the familiarization training program and passed the examination as prescribed.

5. For oil tankers, chemical carriers, and liquefied gas carriers, an advanced training certificate shall be issued to masters, chief engineers, chief officers, second engineers, officers, and other crew members responsible for cargo handling and care who have completed the advanced training program and passed the examination as prescribed.

6. For Ro-Ro passenger ships, a specialized training certificate shall be issued upon completion of one or all of the following training programs:

a) Masters, chief officers, officers, and crew members assigned to assist passengers in emergency situations have completed the crowd management training program and passed the examination as prescribed.

b) Masters, chief officers, chief engineers, second engineers, and crew members responsible for passenger embarkation and disembarkation, cargo handling, securing, and opening and closing side doors, bow doors, and stern doors have completed the passenger safety, cargo safety, and hull integrity training program and passed the examination as prescribed.

c) Masters, chief officers, chief engineers, second engineers, and crew members responsible for passenger safety in emergency situations have completed the crisis management and emergency response training program and passed the examination as prescribed.

d) Seafarers directly serving passengers in passenger areas have completed safety training and passed the examination as prescribed.

7. For passenger ships, a specialized training certificate shall be issued upon completion of one or all of the following training programs:

a) Seafarers with the responsibility to assist passengers in emergency situations have completed crowd management training and passed the examination as prescribed;

b) Masters, chief officers, and crew members responsible for passenger embarkation and disembarkation have completed the passenger safety training program and passed the examination as prescribed.

c) Masters, chief officers, chief engineers, second engineers, and crew members responsible for passenger safety in emergency situations have completed the crisis management and emergency response training program and passed the examination as prescribed.

d) Seafarers directly serving passengers in passenger areas have completed safety training and passed the examination as prescribed.

Article 40. Vocational Training

1. Radar Observation and Plotting:

A certificate of vocational training in radar observation and plotting shall be issued to the master, first officer, and deck officers who have completed the course and passed the examination as prescribed.

2. ARPA:

A certificate of vocational training in ARPA shall be issued to the master, first officer, and deck officers who have completed the course and passed the examination as prescribed.

3. GMDSS:

a) The General Operator's Certificate (GOC) is issued to the master, chief officer, and deck officers working on ships equipped with GMDSS operating in Sea Area A2, A3, A4 who have completed the general operator training course and passed the examination as prescribed by the Minister of Information and Communications;

b) The Restricted Operator's Certificate (ROC) is issued to the master, chief officer, and deck officers working on ships equipped with GMDSS operating in Sea Area A1 who have completed the restricted operator training course and passed the examination as prescribed.

4. Advanced Firefighting:

A certificate of vocational training in advanced firefighting shall be issued to deck officers, engine officers who have completed the advanced firefighting training program and passed the examination as prescribed.

5. First Aid:

A certificate of vocational training in first aid shall be issued to deck officers, engine officers who have completed the first aid training program and passed the examination as prescribed.

6. Medical Care:

The Medical Care Business Training Certificate is issued to the master, chief officer, and crew members responsible for medical care on board who have completed the training program and passed the examination as prescribed.

7. Life Rafts and Rescue Boats:

The Lifeboat and Rescue Boat Business Training Certificate is issued to deck officers, engine officers, chief engineers, and chief motormen who have completed the training program and passed the examination as prescribed.

8. High-Speed Rescue Boats:

The Fast Rescue Boat Business Training Certificate is issued to deck officers, engine officers, chief engineers, and chief motormen working on ships equipped with fast rescue boats who have completed the training program and passed the examination as prescribed.

Seafarers wishing to undergo training and obtain a certificate of vocational training in high-speed rescue boats must hold a certificate of vocational training in life rafts and rescue boats.

9. Marine Security Officer:

The Marine Security Officer Business Training Certificate is issued to those who have completed the marine security officer training course and passed the examination as prescribed.

10. Bridge Resource Management:

The Bridge Resource Management Business Training Certificate is issued to those who have completed the bridge resource management training course and passed the examination as prescribed.

11. Engine Room Resource Management:

The Engine Room Resource Management Business Training Certificate is issued to those who have completed the engine room resource management training course and passed the examination as prescribed.

12. Maritime English:

The Maritime English Business Training Certificate is issued to those who have completed the maritime English training course and passed the examination as prescribed.

13. Electronic Chart Systems:

The Electronic Chart Systems Business Training Certificate is issued to those who have completed the electronic chart systems training course and passed the examination as prescribed.

14. Ship Safety Management:

The Ship Safety Management Business Training Certificate is issued to those who have completed the ship safety management training course and passed the examination as prescribed.

Article 41. Confirmation of Issuance of Certificates

Vietnamese seafarers who have been issued special familiarization and advanced training certificates for oil tankers, chemical carriers, liquefied gas carriers, GOC, and ROC must be issued a confirmation of certificate issuance by the Vietnam Maritime Administration.

Article 42. Training Institutions

1. Is a school, training center, having legal personality, with its own seal and separate account, and approved by the Minister of Transport based on meeting the following conditions:

a) Meeting the required number of instructors who meet the standards for each training program;

b) Having a training program in accordance with the regulations of the Ministry of Transport, consistent with the model courses of the International Maritime Organization (IMO Model Course);

c) Meeting all technical infrastructure and equipment requirements for training as stipulated in Appendix II of this Decision, consistent with the equipment specified in the IMO Model Courses.

2. The training institutions shall be responsible for:

a) Organizing training according to the approved program;

b) Organizing examinations and evaluating examination results;

c) Issuing training certificates;

d) Annually reporting to the Vietnam Maritime Administration on the training situation, issuance of training certificates, and internal assessment in accordance with the STCW Convention.

3. Within a five-year period, training institutions must undergo independent evaluation in accordance with the STCW Convention.

Chapter 6

APPLICATION FOR ISSUANCE AND CONFIRMATION OF GCNKNCM, TRAINING CERTIFICATES AND THE AUTHORITIES AND ORGANIZATIONS RECEIVING THE APPLICATION

Article 43. Documents for attending advanced training courses, business skill enhancement courses, examinations, issuance, confirmation of the Certificate of Competency for Seafarers (GCNKNCM), and Training Certificates.

1. The application for advanced training courses, professional refresher courses, officer examinations includes:

a) Application form;

b) Copies of graduation diplomas in relevant fields and certificates of study in unrelated fields (if applicable);

c) Curriculum vitae with confirmation from the seafarer management organization or the People's Committee of the district where the applicant is registered;

d) Copy of the special training certificate;

đ) Health certificate according to the model prescribed in Appendix III of this Decision;

e) Copies of vocational training certificates and English proficiency certificates as required for the position being applied for;

g) Declaration of sea service time and position held with confirmation from the seafarer management organization; copy of the Seafarer Passport or Seafarer Logbook;

h) Three color photographs measuring 3 x 4 cm.

2. The application for issuance of special training certificates for masters and chief engineers includes:

a) Request letter from the seafarer management organization;

b) Declaration of time served in the position of chief mate or second engineer corresponding to the position indicated on the special training certificate with confirmation from the seafarer management organization;

c) Copy of the special training certificate for chief mate or second engineer;

d) A photocopied Seaman's Passport or Seaman's Book with confirmation from the seafarer management organization;

đ) Three color photographs measuring 3 x 4 cm.

3. The application for issuance of special training certificates for watchkeeping officers and watchkeeping engineers includes:

a) Copy of the graduation diploma in the relevant field and certificate of study in unrelated fields (if applicable);

b) Copy of the basic training certificate with confirmation from the seafarer management organization;

c) A request letter from the seafarer management organization;

d) Three color photographs measuring 3 x 4 cm.

4. Documents for extending, replacing, reissuing GCNKNCM and replacing, reissuing Training Certificates include:

a) An application form confirmed by the seafarer management organization, clearly stating: full name, date of birth, place of birth, workplace, time of issuance of GCNKNCM and Training Certificate, time serving in the position, reasons for the application;

b) GCNKNCM and Training Certificate;

c) Confirmation from port authorities, public security agencies, People's Committees of communes or other competent authorities in cases of loss;

d) Three color photographs measuring 3 x 4 cm.

5. The application for issuance of a certificate confirming the issuance of a certificate includes:

a) Request letter from the seafarer management organization;

b) Copy of the GOC, ROC, or special training certificate;

c) Three color photographs measuring 3 x 4 cm.

6. The application for issuance of a certificate confirming recognition of special training certificates includes:

a) Request letter from the seafarer management organization specifying the duration of the labor contract;

b) Special training certificate (to be presented in original form).

c) Three color photographs measuring 3 x 4 cm.

Article 44. Agencies and organizations receiving applications

1. Training institutions shall receive applications for advanced training courses, vocational training courses, and officer examinations.

2. The training institution that previously issued the Training Certificate accepts applications for extension and reissuance of the Training Certificate.

3. The Vietnam Maritime Administration shall receive applications for issuance of competency certificates, certificates confirming the issuance of certificates, and certificates recognizing competency certificates.

Chapter IV

MINIMUM STAFFING FRAMEWORK

Article 45. Minimum safety staffing framework

1. General provisions for Vietnamese merchant ships

a) Minimum safety staffing framework for deck department based on gross tonnage (GT)

 

 

(*) In cases where deck officers have appropriate certificates to operate radio equipment on board, there is no need to assign a Radio Officer position.

b) Minimum safety staffing framework for engine department based on main engine power (KW)

 

 

2. Based on the technical characteristics, degree of automation, and operational area of the ship, the Ship Registration Authority determines the minimum safe manning complement suitable for the actual operation and use of the ship.

3. For passenger ships, based on their technical characteristics, number of passengers, and operational area, the Ship Registration Authority specifies the minimum safe manning complement but must also allocate at least one additional crew member responsible for passengers compared to the provisions of Clause 1 of this Article.

Principles for assigning positions in certain cases regarding the assignment of positions for chief engineers, deck officers, pilots, search and rescue personnel, and maritime police operations shall be carried out in accordance with the guidelines of the Ministry of Transport.

5. The model of the Certificate of Minimum Safety Staffing Framework is stipulated in Appendix IV of this Decision.

Article 46. Crew allocation on Vietnamese merchant ships

1. The ship owner is responsible for allocating crew members working on Vietnamese merchant ships in accordance with the conditions stipulated in Clause 2 of Article 46 of the Vietnam Maritime Code.

2. The allocation of crew members to positions on Vietnamese merchant ships must meet the following requirements:

a) Must hold a GCNKNCM and a training certificate corresponding to the position they will assume;

b) Crew members assigned to work on oil tankers, chemical carriers, liquefied gas carriers, passenger ships, and Ro-Ro passenger ships, in addition to the GCNKNCM and training certificates required for general merchant ships, must also hold specific training certificates corresponding to each position on these types of ships.

3. Principles for allocating positions in certain special cases:

a) Regarding the allocation of positions such as Master, Chief Mate, Chief Engineer, Second Engineer, Deck Officer, and Engine Officer working on tugboats, construction vessels, search and rescue vessels, and other government service vessels, the Vietnam Maritime Administration bases the vessel's size, technical characteristics, and operational area to guide the Ship Registration Authority in implementation;

b) In cases where the Master or Chief Engineer cannot continue to fulfill their duties while the ship is underway, the ship owner or operator may temporarily assign the Chief Mate or Second Engineer to replace the Master or Chief Engineer to continue the voyage until reaching the first port of call;

c) The Master of a passenger ship must have at least 24 months of experience in the position of Master on non-passenger ships of the same class or at least 24 months of experience in the position of Chief Mate on passenger ships.

Chapter V

IMPLEMENTING PROVISIONS

Article 47. Effective Date

1. This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 66/2005/QĐ-BGTVT dated November 30, 2005, of the Minister of Transport regarding the professional standards, certificates, and minimum safe manning complements for Vietnamese merchant ships.

2. Professional certificates issued, renewed, or extended according to Decision No. 1387/1998/QĐ-BGTVT dated June 3, 1998, of the Minister of Transport concerning the regulations on training, issuing professional certificates, and assuming positions for seafarers on Vietnamese merchant ships, and Decision No. 66/2005/QĐ-BGTVT dated November 30, 2005, of the Minister of Transport regarding professional standards, certificates, and minimum safe manning complements for Vietnamese merchant ships remain valid until the expiration date indicated on the certificate (if any).

3. Minimum Safe Manning Certificates issued according to Decision No. 1581/1999/QĐ-BGTVT dated June 30, 1999, of the Minister of Transport concerning the framework for minimum safe manning for Vietnamese merchant ships, and Decision No. 66/2005/QĐ-BGTVT dated November 30, 2005, of the Minister of Transport regarding professional standards, certificates, and minimum safe manning complements for Vietnamese merchant ships remain valid until the expiration date indicated on the certificate.

4. Seafarers holding GCNKNCM issued according to Decision No. 2115/2001/QĐ-BGTVT dated July 4, 2001, and Decision No. 103/2002/QĐ-BGTVT dated January 11, 2002, of the Minister of Transport (GCNKNCM granted special conversion) can only be assigned to work on ships with total gross tonnage or main engine power corresponding to the GCNKNCM issued. Seafarers holding this GCNKNCM who wish to upgrade to higher positions or higher-class ships must meet the corresponding conditions stipulated in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and Article 32 of this Decision.

5. Training programs established according to Decision No. 66/2005/QĐ-BGTVT dated November 30, 2005, of the Minister of Transport regarding professional standards, certificates, and minimum safe manning complements for Vietnamese merchant ships retain their validity.

6. For training courses where the Ministry of Transport has not yet issued a training program, the training institution organizes training according to a program developed in line with the International Maritime Organization's model course (IMO Model Course).

Article 48. Implementation organization

1. The Director of the Vietnam Maritime Administration is responsible for organizing, guiding, and supervising the implementation of this Decision.

2. The Head of the Office, the Inspector General of the Ministry, the Heads of Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.