Circular No. 32/2011/TT-BGTVT amending and supplementing certain provisions of the Regulations on marine vessel inspection in Vietnam issued together with Decision No. 51/2005/QĐ-BGTVT dated October 12, 2005 of the Minister of Transport.

CIRCULAR

Amending and supplementing certain provisions of the Regulations on Inspection of Vietnamese Seagoing Vessels issued

together with Decision No. 51/2005/QĐ-BGTVT dated October 12, 2005 of the Minister of Transport

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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;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

The Minister of Transport amends and supplements certain provisions of the Regulations on Inspection of Vietnamese Seagoing Vessels issued together with Decision No. 51/2005/QĐ-BGTVT dated October 12, 2005 of the Minister of Transport (hereinafter referred to as Decision No. 51/2005/QĐ-BGTVT) as follows:

Article 1. Amending and supplementing certain provisions of the Regulations on Inspection of Vietnamese Seagoing Vessels issued together with Decision No. 51/2005/QĐ-BGTVT as follows:

1. Supplementing Clauses 14, 15, and 16 of Article 3 as follows:

“14. Inspecting, evaluating, and issuing certificates recognizing the capability of testing stations, laboratories, and manufacturing facilities related to the technical safety quality and environmental protection of seagoing vessels.

15. Confirming the technical status of seagoing vessels for import.

16. Inspecting and issuing certificates for welders, material inspectors, and non-destructive inspection personnel for seam quality on seagoing vessels.”

2. Amend Article 5 as follows:

“Article 5. Approving ship design and guidance documents

Approving ship design and guidance documents involves reviewing and comparing the compliance of ship design documentation and guidance documents with Vietnam’s classification and shipbuilding standards, marine pollution prevention systems, and relevant international conventions that the Socialist Republic of Vietnam is a member of, to ensure maritime safety, maritime security, and environmental protection for seagoing vessels.”

3. Amending Clause 4 of Article 6 as follows:

“4. Ship owners who wish to have foreign inspection organizations inspect, classify, and issue technical certificates regarding maritime safety and pollution prevention for seagoing vessels must submit a request letter to the Vietnam Register according to the form specified in Appendix VII.”

4. Supplementing Articles from 9a to 9m as follows:

“Article 9a. Procedures for issuing technical safety and environmental protection certificates for seagoing vessels

1. Implementation procedures

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Register receives the dossier, checks its components: if the dossier is incomplete, they guide the organization or individual to complete it again; if the dossier is complete, they write a notice for on-site inspection based on the applicant's request regarding the time and location of the on-site inspection.

c) The Vietnam Register conducts the on-site inspection: if the requirements are not met, they notify the organization or individual in writing; if the requirements are met, they issue the certificate according to regulations.

2. Implementation method

a) Organizations and individuals submit the dossier through postal services, fax, email, or directly at the registration office.

b) Organizations and individuals receive the results through postal services or directly at the registration office.

3. Components and quantity of the dossier

a) Components of the dossier: the request letter (original or certified copy in case of submission via fax or email) according to the form specified in Appendix I for newly built ships, Appendix II for the first issuance of certificates for operating ships, and Appendix III for reissuing certificates for operating ships.

b) Number of sets of documents: 01 set.

4. Processing time limit

The certificate will be issued within three working days from the completion of the initial or periodic inspection, and within one working day from the completion of annual, intermediate, extraordinary, and supplementary inspections.

5. Results of the procedure

Certificates in accordance with Vietnam’s classification and shipbuilding standards, marine pollution prevention systems, and relevant international conventions that the Socialist Republic of Vietnam is a member of.

6. Requirements and conditions for issuing certificates

Seagoing vessels must comply with Vietnam’s classification and shipbuilding standards, marine pollution prevention systems, and international conventions (including amendments and revisions): the International Convention on Safety of Life at Sea 1974; the International Convention for the Prevention of Pollution from Ships 1973 and the Protocol of 1978; the International Convention on Tonnage Measurement of Ships 1969; the International Convention on Load Lines 1966; and the International Regulations for Preventing Collisions at Sea 1972, which guide crew members to ensure maritime safety and environmental protection for seagoing vessels.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9b. Procedure for reviewing marine vessel guidance documents

1. Implementation procedures

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Ship Registry receives the application dossier and checks its components: if the dossier is incomplete, it guides organizations or individuals to complete it; if the dossier is complete, it issues a notice of the result delivery time.

c) The Vietnam Ship Registry conducts a review of the documents: if they do not meet the requirements, it responds in writing to the organization or individual; if they meet the requirements, it issues a certificate of document approval according to regulations.

2. Implementation method

Organizations and individuals submit the dossier and receive the results through the postal system or directly at the Registry's office.

3. Components and Quantity of Documents:

a) Contents of the dossier

One request form (original) as specified in Appendix IV and three copies of the guidance documents (originals or certified true copies).

b) Number of sets of documents: 01 set.

4. Processing time limit

Within three working days from the date of receiving a complete and valid dossier.

5. Results of the procedure

Certificate of document approval and stamp of approval on the documents.

6. Requirements and conditions for reviewed documents

Marine vessel guidance documents must comply with the provisions of Vietnamese standards and technical regulations on classification and shipbuilding, and ship pollution prevention systems; additionally, international route vessels must also comply with international conventions (including amendments and supplements): the International Convention for the Safety of Life at Sea 1974; the International Convention for the Prevention of Pollution from Ships 1973 and the Protocol of 1978; the International Convention on Tonnage Measurement of Ships 1969; the International Convention on Load Lines 1966; and the International Regulations for Preventing Collisions at Sea 1972 to guide seafarers to ensure maritime safety and prevent marine environmental pollution.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9c. Procedure for issuing certificates of design approval for marine vessels

1. Implementation procedures

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Ship Registry receives the application dossier and checks its components: if the dossier is incomplete, it guides organizations or individuals to complete it; if the dossier is complete, it issues a notice of the result delivery time.

c) The Vietnam Ship Registry conducts a review of the documents: if they do not meet the requirements, it responds in writing to the organization or individual; if they meet the requirements, it issues a certificate of design approval according to regulations.

2. Implementation method

Organizations and individuals submit the dossier and receive the results through the postal system or directly at the Registry's office.

3. Components and quantity of the dossier

a) Contents of the dossier

One request form (original) as specified in Appendix V for new ship designs and Appendix VI for modified or revised ship designs; two copies of the design documents (originals) and additional copies requested by the organization or individual.

b) Number of sets of documents: 01 set.

4. Processing time limit

Twenty working days from the date of receiving a complete and valid dossier or as agreed upon if it is a new or complex design.

5. Results of the procedure

Certificate of design approval for marine vessels and stamp of approval on the design documents.

6. Requirements and conditions for ship designs

Ship design dossiers must comply with the provisions of Vietnamese standards and technical regulations on classification and shipbuilding, and ship pollution prevention systems; additionally, international route vessels must also comply with international conventions (including amendments and supplements): the International Convention for the Safety of Life at Sea 1974; the International Convention for the Prevention of Pollution from Ships 1973 and the Protocol of 1978; the International Convention on Tonnage Measurement of Ships 1969; the International Convention on Load Lines 1966; and the International Regulations for Preventing Collisions at Sea 1972 to ensure maritime safety and prevent marine environmental pollution.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9d. Procedure for issuing certificates of ship tonnage measurement

1. Implementation procedures

a) Organizations and individuals complete one set of dossier according to regulations and submit the dossier directly or through the postal system to the Vietnam Ship Registry.

b) The Vietnam Ship Registry receives the application dossier and checks its components: if the dossier is incomplete, it guides organizations or individuals to complete it; if the dossier is complete, it issues a notice of the result delivery time.

c) The Vietnam Ship Registry conducts a review of the dossier, measures, calculates the tonnage, and conducts an on-site inspection, then issues a certificate of ship tonnage measurement.

2. Implementation method

Organizations and individuals submit the dossier and receive the results through the postal system or directly at the Registry's office.

3. Components and quantity of the dossier

a) Contents of the dossier

One request form (original) as specified in Appendix I for newly built ships or Appendix II for operational ships; one set of technical drawings of the ship hull (photocopies); and one old certificate of ship tonnage for operational ships (photocopies).

b) Number of sets of documents: 01 set.

4. Processing time limit

Within three working days from the completion of the ship inspection.

5. Results of the procedure

Certificate of ship tonnage measurement.

6. Requirements and conditions for implementation

The measurement, calculation, and issuance of certificates of ship tonnage must comply with the Vietnamese Standards on Ship Tonnage Measurement, the International Convention on Tonnage Measurement of Ships 1969, or the tonnage measurement regulations of Panama, the Suez Canal, or the country whose flag the ship flies.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9d. Procedure for issuing authorization documents to foreign inspection organizations to inspect and issue safety and technical fitness certificates and environmental protection certificates for Vietnamese ships

1. Implementation procedures

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Ship Registry receives the application dossier and checks its components: if the dossier is incomplete, it guides organizations or individuals to complete it; if the dossier is complete, it issues a notice of the result delivery time.

c) The Vietnam Inspection Agency shall examine the application dossier: if it does not meet the requirements, it shall notify the organization or individual in writing; if it meets the requirements, it shall issue the authorization document according to the regulations.

2. Implementation method

Organizations and individuals submit the application dossier and receive the results through the postal service, fax, email, or directly at the inspection agency's office.

3. Components and quantity of the dossier

a) Contents of the dossier

One authorization request form (original or certified copy in case the dossier is submitted via fax or email) as specified in Appendix VII and one certificate of registration for new Vietnamese ships transferring registration (certified copy).

b) Number of sets of documents: 01 set.

4. Processing time limit

Within one working day from the date of receiving a complete and valid dossier.

5. Results of the procedure

Authorization document for foreign inspection organizations to conduct inspections and issue certificates for Vietnamese ships according to the model specified in Appendix VIII.

6. Requirements and conditions for implementation

a) Only authorize foreign inspection organizations to inspect, classify, and issue certificates according to one or more of the following contents: inspection and issuance of classification certificates according to the rules and standards of the authorized foreign inspection organization; according to Vietnamese legal regulations, standards, and norms; according to the provisions of relevant international treaties.

The rules and standards of the authorized foreign inspection organization must stipulate quality, maritime safety, and pollution prevention measures for ships that are not lower than those prescribed in Vietnamese legal regulations, standards, and norms.

The authorized foreign inspection organization must carry out inspections and issue certificates strictly in accordance with Vietnamese laws and relevant international treaties; implement cooperation, information exchange, and reporting systems as agreed with the Vietnam Inspection Agency; comply with other related provisions of Vietnamese law.

Article 9e. Procedure for confirming the technical status of ships for importation

1. Implementation procedures

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Ship Registry receives the application dossier and checks its components: if the dossier is incomplete, it guides organizations or individuals to complete it; if the dossier is complete, it issues a notice of the result delivery time.

c) The Vietnam Inspection Agency shall examine the application dossier: if it does not meet the requirements, it shall notify the organization or individual in writing; if it meets the requirements, it shall issue a confirmation document.

2. Implementation method

Organizations and individuals submit the application dossier and receive the results through the postal service, fax, email, or directly at the inspection agency's office.

3. Components and quantity of the dossier

a) Contents of the dossier

One request form (original) as specified in Appendix IX and one technical inspection report of the ship (original or certified copy in case the dossier is submitted via fax or email).

b) Number of sets of documents: 01 set.

4. Processing time limit

Within three working days from the date of receiving a complete and valid dossier.

5. Results of the procedure

Confirmation document on the technical status of ships for importation.

6. Requirements and conditions for implementation

a) If the technical inspection is carried out by an independent foreign organization or inspector, such organization or inspector must be recognized or accredited by the Vietnam Inspection Agency as having the appropriate capability for ship inspection. Recognized organizations include members of the International Association of Classification Societies (IACS).

b) Ships must comply with Vietnamese standards and norms regarding classification and shipbuilding, and marine pollution prevention systems; additionally, ships operating on international routes must also comply with international conventions (including amendments and revisions): the International Convention for the Safety of Life at Sea 1974; the International Convention for the Prevention of Pollution from Ships 1973 and its Protocol of 1978; the International Convention on Tonnage Measurement of Ships 1969; the International Convention on Load Lines 1966; the International Regulations for Preventing Collisions at Sea 1972 to ensure maritime safety and prevent marine pollution.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9g. Procedures for issuing certificates of training for company safety management personnel

1. Implementation procedures

a) Individuals complete the application dossier in accordance with regulations and submit it directly or through the postal system to the Vietnam Register.

b) The Vietnam Register receives and examines the dossier: if the dossier is incomplete, individuals will be guided to complete it again; if the dossier is complete, the time and location for training will be agreed upon with the individual.

c) The Vietnam Register organizes the training and issues the certificate.

2. Implementation method

Individuals may submit the dossier and receive the result through the postal system or directly at the Register's office.

3. Components and quantity of the dossier

a) Contents of the dossier

One original request form as specified in Appendix X and one color photograph measuring 4 x 6 cm taken within six months (the back of the photo must have the individual’s name, date of birth).

b) Number of sets of documents: 01 set.

4. Processing time limit

The certificate will be issued within three working days from the end of the training course.

5. Results of the procedure

Certificate of training for company safety management personnel.

6. Requirements and conditions for implementation

Individuals must complete the company safety management personnel training course with satisfactory final examination results.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9h. Procedures for issuing certificates recognizing the competence of testing stations, laboratories, and manufacturing facilities related to the technical safety and environmental protection quality of ships

1. Implementation procedures

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Register receives and examines the dossier: if the dossier does not meet requirements, organizations or individuals will be guided to complete it again; if the dossier meets requirements, a notice of the actual inspection date and location will be issued according to the applicant's request.

c) The Vietnam Register conducts an on-site inspection at the location requested by the applicant: if the inspection does not meet requirements, organizations or individuals will be notified in writing; if the inspection meets requirements, a certificate will be issued in accordance with regulations.

2. Implementation method

Organizations and individuals may submit the dossier and receive the result through the postal system or directly at the Register's office.

3. Components and quantity of the dossier

a) Contents of the dossier

One original request form as specified in Appendix XI and one set of certification documents (photocopies) including the quality manual and relevant work procedures.

b) Number of sets of documents: 01 set.

4. Processing time limit

Within five working days after completing the inspection and achieving the required results.

5. Results of the procedure

Certificate recognizing the competence of testing stations, laboratories, and manufacturing facilities.

6. Requirements and conditions for implementation

Meeting the provisions of Vietnamese standards and regulations regarding ship classification and construction, as well as ship systems to prevent marine pollution; additionally, testing stations, laboratories, and manufacturing facilities related to the technical safety and environmental protection quality of international shipping routes must also comply with international conventions (including amendments and supplements): the International Convention for the Safety of Life at Sea 1974; the International Convention for the Prevention of Pollution from Ships 1973 and its 1978 Protocol; the International Convention on Tonnage Measurement of Ships 1969; the International Convention on Load Lines 1966; and the International Regulations for Preventing Collisions at Sea 1972 to ensure maritime safety and prevent marine environmental pollution.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9i. Procedures for issuing certificates of technical safety quality for containers, machinery, and equipment used on ships

1. Implementation procedures

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Register receives and examines the dossier: if the dossier does not meet requirements, organizations or individuals will be guided to complete it again; if the dossier meets requirements, a notice of the actual inspection date and location will be issued according to the applicant's request.

c) The Vietnam Register conducts an on-site inspection at the location requested by the applicant: if the inspection does not meet requirements, organizations or individuals will be notified in writing; if the inspection meets requirements, a certificate will be issued in accordance with regulations.

2. Implementation method

Organizations and individuals may submit the dossier and receive the result through the postal system or directly at the Register's office.

3. Components and quantity of the dossier

a) Components

One original request form as specified in Appendix XII; one technical dossier (original) including technical specifications and reports on container, machinery, and equipment inspections and tests during production.

b) Number of sets of documents: 01 set.

4. Processing time limit

Within five working days after completing the inspection and achieving the required results.

5. Results of the procedure

Certificate of technical safety quality.

6. Requirements and conditions for implementation

Meeting the provisions of Vietnamese standards and regulations regarding steel ship classification and construction, as well as ship systems to prevent marine pollution; additionally, containers, machinery, and equipment used on international shipping routes must also comply with international conventions (including amendments and supplements): the International Convention for the Safety of Life at Sea 1974; the International Convention for the Prevention of Pollution from Ships 1973 and its 1978 Protocol; the International Convention on Tonnage Measurement of Ships 1969; the International Convention on Load Lines 1966; and the International Regulations for Preventing Collisions at Sea 1972 to ensure maritime safety and prevent marine environmental pollution.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9k. Procedures for issuing welding certificates, material and weld quality inspection staff certificates using non-destructive testing methods for ships

1. Implementation procedures:

a) Organizations and individuals complete the application dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Register.

b) The Vietnam Ship Registry receives the application dossier and checks the dossier: If the dossier does not meet the requirements, it guides organizations and individuals to complete it again; if the dossier meets the requirements, it writes a notice to schedule practical skill tests according to the applicant's request regarding the time and location of the practical test.

c) The Vietnam Ship Registry conducts practical skill tests at locations requested by the applicant: if the results are unsatisfactory, it responds to organizations and individuals in writing; if satisfactory, it issues the certificate in accordance with regulations.

2. Implementation method

Organizations and individuals may submit the dossier and receive the result through the postal system or directly at the Register's office.

3. Components and quantity of the dossier

a) Contents of the dossier

One original application form (as specified in Appendix XIII) and two color photographs measuring 4 x 6 cm taken within six months (with the backside noting the name, date of birth).

b) Number of sets of documents: 01 set.

4. Processing time limit

Within three working days after completing the practical skill test that achieves satisfactory results.

5. Results of the procedure

Certificate.

6. Requirements and conditions for implementation

Meeting the provisions of Vietnamese standards and technical regulations on ship classification and construction.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9l. Procedures for issuing Certificates of Compliance with Safety Management Systems for Shipping Companies under the International Safety Management Code

1. Implementation procedures

a) Shipping companies complete the dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Ship Registry.

b) The Vietnam Ship Registry receives the dossier and checks its components: if the dossier is incomplete, it guides shipping companies to complete it again; if the dossier is complete, it writes a notice to schedule actual assessments according to the applicant's request regarding the time and location of the assessment.

c) The Vietnam Ship Registry conducts safety management system assessments at shipping companies: if the results are unsatisfactory, it responds to shipping companies in writing; if satisfactory, it issues the certificate in accordance with regulations.

2. Implementation method

a) Shipping companies submit the dossier through postal services, fax, email, or directly at the registry office.

b) Shipping companies receive the results through postal services or directly at the registry office.

3. Components and quantity of the dossier

a) Dossier components: an application form as specified in Appendix XIV (original or copy in cases where the dossier is submitted via fax or email).

b) Number of sets of documents: 01 set.

4. Processing time limit

The certificate is issued within one working day from the completion of the company assessment.

5. Results of the procedure

Certificate.

6. Requirements and conditions for issuing certificates

The shipping company's safety management system must comply with the provisions of the International Safety Management Code.

7. Fees and charges

The fee and charge levels are determined by the Ministry of Finance and paid directly or transferred to the issuing authority.

Article 9m. Procedures for issuing Certificates of Compliance with Safety Management Systems for Ships under the International Safety Management Code

1. Implementation procedures

a) Shipping companies complete the dossier in accordance with regulations and submit it directly or through postal services to the Vietnam Ship Registry.

b) The Vietnam Ship Registry receives the dossier and checks its components: if the dossier is incomplete, it guides shipping companies to complete it again; if the dossier is complete, it writes a notice to schedule actual assessments according to the applicant's request regarding the time and location of the assessment.

c) The Vietnam Ship Registry conducts safety management system assessments on ships: if the results are unsatisfactory, it responds to shipping companies in writing; if satisfactory, it issues the certificate in accordance with regulations.

2. Implementation method

a) Shipping companies submit the dossier through postal services, fax, email, or directly at the registry office.

b) Shipping companies receive the results through postal services or directly at the office.

3. Components and quantity of the dossier

a) Dossier components: an application form as specified in Appendix XV (original or copy in cases where the dossier is submitted via fax or email).

b) Number of sets of documents: 01 set.

4. Processing time limit

The certificate is issued within one working day from the completion of the ship assessment.

5. Results of the procedure

Certificate.

6. Requirements and conditions for issuing certificates

The ship's safety management system must comply with the provisions of the International Safety Management Code.

7. Fees and charges

Fees and charges are collected according to the regulations of the Ministry of Finance and paid directly or transferred to the issuing authority.

5. Add the phrase "repair stations, laboratories" after the phrase "ship repair," in the title of Article 11, Clause 2 of Article 11, and Clause 1, Clause 2 of Article 12.

6. Repeal Appendix 1 and Appendix 2 of this Regulation.

7. Supplement new Appendices from I to XV.

Article 2. Effective Date

This Circular shall take effect 45 days from the date of issuance.

Article 3. Implementation Organization

The Director of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Ship Registry, Heads of units under the Ministry of Transport, relevant organizations, and individuals are responsible for implementing this Circular.