Circular No. 36/2020/TT-BTTTT amends and supplements certain provisions of Circular No. 40/2016/TT-BTTTT dated December 26, 2016, issued by the Minister of Information and Communications on the training, issuance, renewal, reissuance, and revocation of maritime radio operator certificates.

MINISTRY OF INFORMATION AND COMMUNICATION COMMUNICATION --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 06/VBHN-BTTTT	HA NOI, December 28, 2020

CIRCULAR

REGULATIONS ON TRAINING, ISSUANCE, EXTENSION, REISSUANCE, AND REVOCATION OF MARITIME RADIO OPERATOR CERTIFICATES

Circular No. 40/2016/TT-BTTTT dated December 26, 2016, issued by the Minister of Information and Communications, stipulates on training, issuance, extension, reissuance, and revocation of maritime radio operator certificates, which took effect from February 14, 2017, amended and supplemented by:

Circular No. 36/2020/TT-BTTTT dated November 13, 2020, issued by the Minister of Information and Communications, amending and supplementing certain articles of Circular No. 40/2016/TT-BTTTT dated December 26, 2016, stipulating on training, issuance, extension, reissuance, and revocation of maritime radio operator certificates, which took effect from December 28, 2020.

WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Upon the proposal of the Director of the Personnel Organization Department and the Director of the Radio Frequency Management Agency,

the Minister of Information and Communications issues this Circular stipulating on training, issuance, extension, reissuance, and revocation of maritime radio operator certificates[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

and the scope of application

2. Applicability:

This Circular stipulates on training of maritime radio operators; maritime radio operator certificates; subjects, conditions, procedures for issuance, extension, reissuance, and revocation of maritime radio operator certificates.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Circular applies to agencies, organizations, and individuals related to training, issuance, extension, reissuance, and revocation of maritime radio operator certificates.

Article 2. Interpretation of Terms

1. Global Maritime Distress and Safety System (GMDSS) is a maritime communication system adopted by the International Maritime Organization's member states in 1988 based on amendments and supplements to Chapter IV of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended in 2010 (hereinafter referred to as GMDSS).

2. Certified copy is a copy issued from the original book, a certified copy verified from the original, or a copy accompanied by the original for comparison (in cases where the application is submitted directly and confirmed by the person verifying).

Chapter II

TRAINING OF MARITIME RADIO OPERATORS

Article 3. Courses for training of maritime radio operators

The courses for training of maritime radio operators under the GMDSS include:

1. Restricted Radio Operator-Maritime.

2. General Radio Operator-Maritime.

3. Second Class Radio Operator-Maritime.

4. First Class Radio Operator-Maritime.

Article 4. Organization of training of maritime radio operators

1. The Ministry of Information and Communications (Personnel Organization Department) shall take the lead and coordinate with relevant agencies and organizations to implement the training of maritime radio operators.

2. Agencies and organizations coordinating with the Ministry of Information and Communications to implement the training of maritime radio operators (hereinafter referred to as training institutions for maritime radio operators) must comply with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 2010 regarding facilities, equipment, teaching materials, and instructors participating in teaching (details in Appendix I of this Circular) and other relevant laws.

Article 5. Examination Board

1. The Examination Board (hereinafter referred to as the Board) shall be established by the Head of the training institution for maritime radio operators.

The Board consists of five or seven members including: the Chairman of the Board being the Head or Deputy Head of the training institution for maritime radio operators; members being staff of the training institution for maritime radio operators.

2. The Board has the following responsibilities:

a) Prepare a list of students participating in the final examination;

b) Organize, manage, inspect, and supervise the examination according to current regulations;

c) Handle incidents occurring during the examination (if any);

d) Summarize the examination results and report to the Head of the training institution for maritime radio operators to recognize graduation for students.

Article 6. Graduation Examination and Evaluation of Examination Results

1. Students must attend at least 90% of the course duration to be eligible for the graduation examination. In cases where students cannot meet the required attendance but have valid reasons, their attendance can be carried over to the next course at the same maritime radio operator training institution.

2. The graduation examination consists of two parts: theoretical and practical examinations according to the current regulations of the International Maritime Organization (IMO). Each part is scored on a scale of 10 points.

3. Essays must score 5 points or higher to pass. Multiple-choice questions must score 7 points or higher to pass.

4. For parts not passed, students are allowed to retake the examination once in the following graduation examination period.

5. Students must pass both parts of the examination to meet the course requirements and be eligible for graduation.

6. The maritime radio operator training institution will recognize the completion of the course for students who meet the course requirements.

Chapter III

ISSUANCE, EXTENSION, REISSUANCE, AND REVOCATION OF MARITIME RADIO OPERATOR CERTIFICATES

Article 7. Maritime Radio Operator Certificate

1. The GMDSS maritime radio operator certificate includes the following types:

a) Restricted Radio Operator's Certificate;

b) General Radio Operator's Certificate;

c) Second Class Radio Operator's Certificate;

d) First Class Radio Operator's Certificate.

2. The maritime radio operator certificate is valid for a period of five years from the date of issuance.

3. The format of the maritime radio operator certificate is specified in Appendix II of this Circular.

Article 8. General Conditions for Issuance of Maritime Radio Operator Certificate

1. Being a Vietnamese citizen, a foreigner residing legally in Vietnam, or a foreign seafarer working on Vietnamese vessels.

2. Within the working age as stipulated by the Labor Law.

3. Having good health.

4. Meeting specific professional conditions for each type of certificate as prescribed in Articles 9, 10, 11, or 12 of this Circular.

5. Completing the corresponding maritime radio operator training course.

Article 9. Professional Conditions for Issuance of "Restricted Radio Operator's Certificate"

1. Having completed secondary school or higher, or being a deck officer, chief mate, or master of vessels operating in Vietnam's territorial waters (Zone A1).

2. At least reaching level A2 in English according to the six-level standard set by the Ministry of Education and Training, or level 1 in maritime English according to the regulations of the Ministry of Transport, or having an equivalent English proficiency certificate.

Article 10. Professional Conditions for Issuance of "General Radio Operator's Certificate"

1. Having completed vocational high school, technical college, or higher in one of the following fields: maritime studies, marine engineering, electronics, telecommunications, or equivalent; or being a deck officer, chief mate, or master of vessels with a gross tonnage of 500 tons or more operating within and outside Vietnam's territorial waters.

2. At least reaching level B2 in English according to the six-level standard set by the Ministry of Education and Training, or level 2 in maritime English according to the regulations of the Ministry of Transport, or having an equivalent English proficiency certificate.

Article 11. Professional Conditions for Issuing the "Maritime Radio Operator Certificate - Class Two"

1. Graduated from a university majoring in electronics, telecommunications, maritime studies, marine vessel control, or equivalent.

2. At least achieve level C1 English proficiency according to the six-level standard set by the Ministry of Education and Training, or level 3 maritime English proficiency as prescribed by the Ministry of Transport, or an equivalent English certificate.

Article 12. Professional Conditions for Issuing the "Maritime Radio Operator Certificate - Class One"

1. Already obtained the Maritime Radio Operator Certificate - GMDSS Class Two.

2. Have held a position corresponding to the Maritime Radio Operator Certificate - GMDSS Class Two for at least three years.

3. At least achieve level C1 English proficiency according to the six-level standard set by the Ministry of Education and Training, or level 3 maritime English proficiency as prescribed by the Ministry of Transport, or an equivalent English certificate.

Article 13. Application Documents and Procedures for Issuing the Maritime Radio Operator Certificate

1.[2] The application documents for issuing the Maritime Radio Operator Certificate shall be compiled into one set, including:

a) A request for issuance of the Maritime Radio Operator Certificate for students in accordance with the modelamendFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. dated đon prescribed in Appendix III of this Circular b) Original or certified copy of the health certificate of seafarers as prescribed by the Ministry of Health; c) Certified copies of relevant academic certificates proving compliance with the professional conditions stipulated in Articles 9, 10, 11, or 12 of this Circular;;

d) A 3x4 inch photograph taken within six months prior to the submission date (two photographs for direct submissions or via postal service, one electronic file for online submissions);

đ) Decision recognizing the student's graduation from the maritime radio operator training course.

2. Maritime radio operator training institutions

submit applications for issuance of the Maritime Radio Operator Certificate directly or through postal service to the Ministry of Information and Communications (Radio Frequency Management Department) at address: No. 115 Tran Duy Hung Street, Cau Giay District, Hanoi.

3. The Ministry of Information and Communications (Radio Frequency Management Department) issues the Maritime Radio Operator Certificate within ten working days from the date of receiving complete applications that meet the conditions stipulated in Article 8 of this Circular. In case the application does not meet the conditions stipulated in Article 8 of this Circular, the Ministry of Information and Communications (Radio Frequency Management Department) must notify the maritime radio operator training institution that submitted the application of non-compliance within five working days. Article 14. Conditions, Application Documents, Procedures, and Duration for Renewal of the Maritime Radio Operator Certificate 1. Conditions for renewing the Maritime Radio Operator Certificate:

a) Within the legal working age as prescribed by Vietnamese law;

c) Have held a position corresponding to the Maritime Radio Operator Certificate for at least one year within five years from the date of issuance of the certificate, or at least three months within six months immediately before the certificate expires;

d) In cases where the condition stipulated in point c of Clause 1 of this Article is not met, the individual must participate in and pass the final examination of the corresponding GMDSS class maritime radio operator training course.

2. Applications for renewal can be submitted up to twelve months before or three months after the expiration date of the

Maritime Radio Operator Certificate.

b) They have sufficient health,

The application documents for renewing the Maritime Radio Operator Certificate shall be compiled into one set, including:

a) A request for renewal of the Maritime Radio Operator Certificate in accordance with the model

prescribed in Appendix IV of this Circular;

3.[3] b) Original or certified copy of the health certificate of

seafarers as prescribed by the Ministry of Health; A 3x4 inch photograph taken within six months prior to the submission date (two photographs for direct submissions or via postal service, one electronic file for online submissions); d) Certified copy of the seafarer’s logbook or seafarer’s passport or equivalent document; or proof of passing the final examination of the corresponding GMDSS class maritime radio operator training course (for cases stipulated in point d of Clause 1 of this Article).

4. Applications should be submitted directly or sent through postal service to the Ministry of Information and Communications (Radio Frequency Management Department) at address: No. 115 Tran Duy Hung Street, Cau Giay District, Hanoi. 5. The Ministry of Information and Communications (Radio Frequency Management Department) will renew the Maritime Radio Operator Certificate within ten working days from the date of receiving complete applications

c) that meet the conditions stipulated in Clause 1 of this Article.

In case the application does not meet the conditions stipulated in Clause 1 of this Article, the Ministry of Information and Communications (Radio Frequency Management Department) must notify the applicant of non-compliance within five working days.

6. The Maritime Radio Operator Certificate will be renewed with a maximum validity period of five years from the date of renewal.

5. The Ministry of Information and Communications (Radio Frequency Management Agency) shall extend the marine radio operator certificate within ten working days from the date when all required documents are received and meet the conditions stipulated in Clause 1 of this Article. ||| In cases where the submitted documents do not meet the conditions stipulated in Clause 1 of this Article, the Ministry of Information and Communications (Radio Frequency Management Agency) must issue a written notice informing the individual who submitted the application that their application does not meet the requirements within five working days.

6. The marine radio operator certificate may be extended for a maximum period of five years from the date of extension.

6. The marine radio operator certificate shall be renewed with a maximum validity period of five years from the date of renewal.

Article 15. Reissuing the Marine Radio Operator Certificate

1. The Marine Radio Operator Certificate with remaining validity may only be reissued in the following cases:

a) Lost;

b) Damaged.

2.[4] The application dossier for reissuing the Marine Radio Operator Certificate shall consist of one set, including:

a) An application form for reissuing the Marine Radio Operator Certificate according to the model provided; A 3x4 inch photograph taken within six months prior to the submission date (two photographs for direct submissions or via postal service, one electronic file for online submissions); d) Certified copy of the seafarer’s logbook or seafarer’s passport or equivalent document; or proof of passing the final examination of the corresponding GMDSS class maritime radio operator training course (for cases stipulated in point d of Clause 1 of this Article).

b) A 3x4 photograph taken within six months prior to the date of submitting the dossier (two photographs for direct submission or via postal service, one file (image) for electronic submission).

3. The dossier shall be submitted directly or sent via postal service to the Ministry of Information and Communications (Radio Frequency Management Department) at address: No. 115 Tran Duy Hung Street, Cau Giay District, Hanoi City.

4. The Ministry of Information and Communications (Radio Frequency Management Department) shall reissue the Marine Radio Operator Certificate within ten working days from the date of receiving the complete dossier as stipulated in Clause 2 of this Article.

5. The reissued Marine Radio Operator Certificate must have the same content as the lost or damaged certificate.

Article 16. Revoking the Marine Radio Operator Certificate

The Ministry of Information and Communications (Radio Frequency Management Department) shall revoke the Marine Radio Operator Certificate in the following cases:

1. Falsifying one of the components of the dossier prescribed in Clause 1 of Article 13, Clause 3 of Article 14, and Clause 2 of Article 15 to obtain issuance, extension, or reissuance of the certificate.

2. Altering, erasing the content of the certificate.

3. Renting, lending the certificate or using it for unauthorized purposes.

Article 16a. Implementing Procedures for Issuance, Extension, and Reissuance of the Marine Radio Operator Certificate on an Electronic Environment

online [5]

1. The electronic filing of the dossier and the issuance, extension,, and reissuance of the Marine Radio Operator Certificate shall be carried out in accordance with the provisions of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures on an electronic environment and must comply with the regulations on dossiers and procedures stipulated in this Circular.

2. The application of electronic licensing for the issuance, extension, and reissuance of the Marine Radio Operator Certificate shall be publicly announced on the electronic information website of the Radio Frequency Management Department (www.cuctanso.vn and www.rfd.gov.vn).

Chapter IV

IMPLEMENTATION

Article 17. Responsibilities of Relevant Authorities and Organizations

1. The Cadre and Civil Servant Department of the Ministry of Information and Communications shall be responsible for:

a) Advising on the implementation of training activities for marine radio operators organized by the Ministry of Information and Communications;

b) Taking the lead in conducting surprise or regular inspections of compliance with the provisions of Clause 2, Article 4 of this Circular by training institutions for marine radio operators;

c) Annually reporting to the Minister of Information and Communications on the organization of training activities for marine radio operators.

2. The Radio Frequency Management Department of the Ministry of Information and Communications shall be responsible for:

a) Issuing, extending, reissuing, and revoking the Marine Radio Operator Certificate;

b) Providing technical and operational guidance in the training of marine radio operators;

c) Taking the lead in inspecting and supervising training courses of training institutions for marine radio operators in accordance with the provisions of this Circular;

d) Annually summarizing, evaluating, and reporting to the Minister of Information and Communications on the situation of training, issuance, extension, reissuance, and revocation of the Marine Radio Operator Certificate.

3. Training institutions for marine radio operators shall be responsible for:

a) Developing, revising, supplementing, and updating training programs and materials for marine radio operators;

b) Announcing and organizing admissions for the correct target group;

c) Sending information about the organization of training courses, including the decision to open a training course accompanied by a list of students, study plan (study time, teaching schedule, and teacher allocation), and graduation examination plan within five working days from the start of the course; the results of the graduation examination of the course within five working days from the day of the graduation examination to the Ministry of Information and Communications (Radio Frequency Management Department, address: No. 115 Tran Duy Hung, Cau Giay, Hanoi);

d) Organizing training for marine radio operators to ensure sufficient duration and content according to each course program; managing the attendance time of students in the course;

đ) Organizing graduation examinations and issuing decisions recognizing students who have successfully completed the course;

e) Submitting applications for issuance of the Marine Radio Operator Certificate for students in each course to the Ministry of Information and Communications (Radio Frequency Management Department, address: No. 115 Tran Duy Hung, Cau Giay, Hanoi);

g) Ensuring material facilities, equipment, teaching materials, and teachers participating in teaching to serve the training of marine radio operators. Before December 1st each year, submit a report evaluating compliance with the provisions of Clause 2, Article 4 of this Circular to the Ministry of Information and Communications (Cadre and Civil Servant Department, address: No. 18 Nguyen Du, Hanoi);

h) Storing relevant records related to the training of marine radio operators in accordance with the provisions of the law;

i) Establishing tuition fee levels and implementing collection and expenditure in accordance with the provisions of the law;

k) Adhering to the provisions of the law on frequency usage and radio equipment;

Article 18. Effective Date

[6]

1. This Circular takes effect from February 14, 2017, and replaces Decision No. 12/2008/QĐ-BTTTT dated March 31, 2008 of the Minister of Information and Communications promulgating the Regulations on Training and Issuance of Marine Radio Operator Certificates.

2. Marine Radio Operator Certificates issued by the Ministry of Information and Communications before the effective date of this Circular shall continue to be valid according to the validity period stated on the certificates. The Ministry of Information and Communications (Radio Frequency Management Department) shall implement the extension and reissuance of Marine Radio Operator Certificates into Marine Radio Operator Certificates in accordance with the provisions of this Circular.

3. During the implementation process, if any issues or difficulties arise, organizations and individuals shall promptly reflect them to the Ministry of Information and Communications for resolution./.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER Nguyen Manh Hung

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