Decision No. 38/2006/QĐ-BGTVT Amending and Supplementing the Regulations on Examination, Issuance, Replacement of Certificates for Seafarers and Crew Members of Inland Waterway Vessels

DECISION OF THE MINISTER OF TRANSPORT

Amending and supplementing the Examination, Issuance, Replacement of Licenses and Certificates for Crew Members and Occupations of Crew Members on Inland Waterway Vessels

seafarer, vessel operator, and those holding positions

inland waterway vessel seafarer

(Annexed to Decision No. 36/2004/QĐ-BGTVT dated December 23, 2004 of the Minister of Transport)

December 23, 2004 (of the Minister of Transport)

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MINISTER OF TRANSPORT

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Personnel Department and the Director of the Vietnam Inland Waterways Administration,

DECISION:

Article 1. Amending and supplementing some articles of the Examination, Issuance, Replacement of Licenses and Certificates for Crew Members and Occupations of Crew Members on Inland Waterway Vessels issued together with Decision No. 36/2004/QĐ-BGTVT dated December 23, 2004 of the Minister of Transport as follows:

1. Clause 1 of Article 3 shall be amended and supplemented as follows:

"1. The Master's License is divided into three classes: Class I, Class II, and Class III, denoted respectively as T1, T2, and T3.

The Class III Master's License includes the unrestricted Class III and the restricted Class III, denoted respectively as T3 and T3 HC."

2. Clause 2 of Article 6 shall be supplemented with Point d as follows:

"d. Any certificate of competency issued under a training program of less than 13 weeks must clearly state "limited program" below the phrase "CERTIFICATE OF COMPETENCY" and adjacent to the line indicating the type of certificate issued.

For the restricted Class III Master's License, it must clearly indicate""Class: III RESTRICTED" and the license number must clearly denote the symbol: T3 HC."

3. Clause 1 of Article 10 shall be amended and supplemented as follows:

"1. For the Class III Master's License, the restricted Class III Master's License, and the Class III Chief Engineer's License.

a) At least 20 years old;

b) Possess a Seafarer's Certificate according to a training program of more than 13 weeks or a Pilot's Certificate according to a training program of more than 13 weeks or a restricted Class III Master's License and have at least 36 months of service experience to be eligible to take the examination for the Class III Master's License;

c) Possess a Motorman's Certificate and have at least 36 months of service experience as a motorman to be eligible to take the examination for the Class III Chief Engineer's License;

d) Possess a Seafarer's Certificate or a Pilot's Certificate (including certificates obtained through limited programs) and have at least 36 months of service experience to be eligible to take the examination for the restricted Class III Master's License."

4. Clause 2 of Article 12 shall be supplemented with Point c as follows:

"c. Training institutions that meet the required conditions may organize examinations and issue, replace certificates of competency corresponding to their qualifications."

5. Article 13 shall be supplemented with Clause 3 as follows:

"3. Members of the Examination Board issuing certificates of competency shall be appointed by the head of the training institution meeting the required conditions."

2. Results of monitoring and inspecting compensation work

"1. The assumption of positions as Master and Chief Engineer shall be carried out in accordance with the provisions of the Law on Inland Waterway Traffic.

2. A vessel equipped with external engines with a total main engine power from 15 horsepower to 150 horsepower or internal engines with a total main engine power up to 50 horsepower does not necessarily need to be staffed with a Chief Engineer position. If a Chief Engineer position is not independently assigned, the Master must hold a Motorman's Certificate. For vessels equipped with external engines with a total main engine power exceeding 150 horsepower to 400 horsepower, if a Chief Engineer position is not independently assigned, the Master must hold a Chief Engineer's License appropriate to the total main engine power.

3. A crew member holding a restricted Class III Master's License may assume the position of Master on the following types of inland waterway vessels:

a) Passenger ferries carrying between 12 and 50 passengers;

b) Cargo vessels with a gross tonnage between 15 tons and 50 tons;

c) Vessels with a total main engine power between 15 horsepower and 50 horsepower."

7. Article 24 shall be amended and supplemented as follows:

"Article 24. The Director of the Vietnam Inland Waterways Administration

1. Organizes, guides the dissemination, and supervises the implementation of this Regulation.

2. Guides training institutions to complete the required conditions; inspects and recognizes institutions meeting the requirements to train and issue certificates of competency for crew members and pilots; suspends or terminates training for crew members and pilots in institutions failing to meet the requirements and reports to the Ministry of Transport.

3. During the implementation period, collects suggestions and proposals, studies, and submits to the Minister for amending and supplementing this Regulation to suit practical circumstances."

Article 2This Decision shall take effect 15 days after its publication in the Official Gazette. All previous regulations contrary to this Decision shall be abolished.

Article 3The Heads of the Office, Inspectorate, Departments, Vietnam Inland Waterways Administration, Directors of Provincial Transport Departments, Provincial Transport and Works Departments, Heads of relevant organizations and individuals are responsible for implementing this Decision./.