Circular No. 38/2023/TT-BGTVT amends and supplements certain provisions of Circular No. 40/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence and professional certificates for seafarers and inland waterway vessel operators.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 40/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence, professional certificates for seafarers, and inland waterway vessel drivers

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 and the Law Amending Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Transport and the Director of the Vietnam Inland Waterway Administration;

The Minister of Transport promulgates this Circular amending and supplementing certain provisions of Circular No. 40/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence, professional certificates for seafarers, and inland waterway vessel drivers.

Article 1. Amending and supplementing certain provisions of Circular numberCircular No. 40/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence, professional certificates for seafarers, and inland waterway vessel drivers (hereinafter referred to as Circular No. 40/2019/TT-BGTVT)

1. Amend and supplement certain points and clauses of Article 6 as follows:

a) Amending and supplementing point a Clause 9 as follows:

“a) Hold a Certificate of Professional Competence for Third Rank Master, with at least 18 months of experience serving as a Third Rank Master or as a Second Officer on the type of vessel specified for Second Rank Master, or hold a basic vocational certificate for Third Rank Master, with at least 12 months of apprenticeship;”

b) Amending and supplementing point a Clause 10 as follows:

“a) Hold a Certificate of Professional Competence for Third Rank Engineer, with at least 12 months of experience serving as a Third Rank Engineer or as a Second Engineer on the type of vessel specified for Second Rank Engineer, or hold a basic vocational certificate for Third Rank Engineer, with at least six months of apprenticeship;”

c) Amending and supplementing point a Clause 11 as follows:

“a) Hold a high school diploma or equivalent, hold a Certificate of Professional Competence for Second Rank Master, with at least 24 months of experience serving as a Second Rank Master or as a Second Officer on the type of vessel specified for First Rank Master;”

d) Amending and supplementing point a Clause 12 as follows:

“a) Hold a high school diploma or equivalent, hold a Certificate of Professional Competence for Second Rank Engineer, with at least 18 months of experience serving as a Second Rank Engineer or as a Second Engineer on the type of vessel specified for First Rank Engineer;”

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

Article 7. Competent authority for organizing examinations, inspections, issuing, reissuing, and converting certificates of professional competence, professional certificates

1. Directorate of Inland Waterways of Vietnam:

a) Organize examinations, issue decisions recognizing examination results, issue, reissue, and convert Certificates of Professional Competence for Masters and Engineers from Second Rank upwards nationwide (except for localities already assigned to implement the provisions stipulated in point b, point c Clause 2 of this Article) and Certificates of Professional Competence for Fourth Rank Masters and Third Rank Engineers for training institutions under the Directorate of Inland Waterways of Vietnam.

b) Issue decisions recognizing inspection results, issuing, reissuing, and converting Specialized Professional Certificates.

2. Department of Transport:

a) Organize examinations, issue decisions recognizing examination results, issue, reissue, and convert Certificates of Professional Competence for Third and Fourth Rank Masters and Third Rank Engineers.

b) Departments of Transport specified in Appendix XVII issued together with this Circular, in addition to the authority stipulated in point a of this clause, organize examinations, issue decisions recognizing examination results, issue, reissue, and convert Certificates of Professional Competence for Masters and Engineers from Second Rank upwards; issue decisions recognizing inspection results, issuing, reissuing, and converting Specialized Professional Certificates.

c) For Departments of Transport not specified in Appendix XVII issued together with this Circular, if they can fulfill the task of organizing examinations, issuing decisions recognizing examination results, issuing, reissuing, and converting Certificates of Professional Competence for First and Second Rank Masters and Engineers; issuing decisions recognizing inspection results, issuing, reissuing, and converting Specialized Professional Certificates, then they shall submit a written request to the Ministry of Transport for consideration and decision.

3. Training institutions meeting the prescribed conditions:

a) Organize inspections, issue decisions recognizing inspection results, issue, reissue, and convert vocational certificates and basic safety training certificates.

b) Organize inspections for Specialized Professional Certificates.

4. The competent authority for issuing Certificates of Professional Competence and Professional Certificates shall carry out the examination, issuance, reissuance, and conversion of such certificates. When reissuing Certificates of Professional Competence and Professional Certificates, the competent authority must invalidate the original certificates by cutting off a corner.

In cases where organizations or individuals require reissuance or conversion of Certificates of Professional Competence and Professional Certificates from authorities that are not the original issuing authorities, such authorities shall, based on their authority stipulated in Clause 1, Clause 2, and Clause 3 of this Article, send written requests to the original issuing authorities for verification. After receiving the verification results, they shall proceed with the reissuance or conversion of Certificates of Professional Competence and Professional Certificates according to Article 19 of this Circular.

3. Amending and supplementing Article 8 as follows:

Article 8. Provisions on organizing classes

Training institutions shall perform the following tasks:

1. Accept applications, check, and review the conditions for enrollment, examination, and inspection as prescribed.

2. Open classes, organize teaching, inspect, and evaluate students' learning outcomes according to the prescribed training content and program as stipulated by the Minister of Transport and laws on vocational education.

3. Within three days from the start date, report to the Directorate of Inland Waterways of Vietnam or the Department of Transport according to the authority stipulated in Article 7 of this Circular:

a) A list of eligible students (Report No. 1) reviewed and approved by the head of the training institution according to Appendix II issued together with this Circular;

b) The training plan for the entire course according to Appendix III issued together with this Circular.

4. After completing the course, report to the Directorate of Inland Waterways of Vietnam or the Department of Transport according to the authority stipulated in Article 7 of this Circular:

a) Students' learning outcomes (Report No. 2) reviewed and approved by the head of the training institution according to Appendix IV issued together with this Circular;

b) The examination and inspection organization plan.

"5. For CCCM, within 10 days before organizing the CCCM examination, the training institution shall report in writing to the Vietnam Inland Waterway Administration or the Department of Transport as specified in Appendix XVII of this Circular for supervision of the examination periods; for special CCCM as provided in point b, Clause 3, Article 7 of this Circular, after obtaining the examination results of the trainees, the training institution shall send the examination results to the Vietnam Inland Waterway Administration or the Department of Transport as specified in Appendix XVII of this Circular to issue a Decision recognizing the examination results and issuing the special CCCM."

4. Amending and supplementing Clause 2 of Article 9 as follows:

"2. The secretary of the examination board shall review the application files and examine the candidates' examination records; post the list of eligible candidates for the examination at the examination rooms; candidates eligible for the examination must have sufficient points from the required subjects and modules according to the training program and must have all valid documents as stipulated in their application files for learning, examination, and inspection."

"5. Amend and supplement Clause 3 of Article 10 as follows:"

"3. Members of the Examination Board:"

"a) The Chairman of the Board is the leader of the training institution;"

"b) The Vice-Chairman of the Board is the leader or head of a department of the training institution;"

"c) The Secretary Member is the leader of the training department of the training institution;"

"d) Other members are leaders of departments, faculties, or specialized subject groups of the training institution."

"6. Amend and supplement Clause 5 of Article 11 as follows:"

"5. Publicize and guide the examination regulations and rules to members of the examination boards, invigilators, graders, and candidates."

"7. Add Article 11a after Article 11 as follows:"

"Article 11a. Supervision of Examinations"

"1. Based on the examination board organization plan for GCNKNCM certification or the training institution's report on the CCCM examination organization plan, the Vietnam Inland Waterway Administration or the Department of Transport shall dispatch supervisors to oversee the examination boards."

"2. Duties of the examination supervisors:"

"a) Ensure transparency, fairness, and impartiality in supervising the examinations;"

"b) Monitor the identification verification process of candidates before entering the examination room; unauthorized personnel are not allowed to enter the examination room;"

"c) Ensure that examination equipment meets the prescribed operational conditions;"

"d) Supervisors work independently and do not perform the duties of invigilators or graders."

"3. Rights of supervisors:"

"a) When detecting violations, they must record them and promptly propose appropriate measures to the examination board;"

"b) Report to the Vietnam Inland Waterway Administration or the Department of Transport for consideration and handling."

"4. After the completion of the examination, supervisors shall submit a written report on the supervision results to the Vietnam Inland Waterway Administration or the Department of Transport as stipulated in Article 7 of this Circular."

8. Amend and supplement Clause 2 Article 13 as follows:

"2. For the theoretical comprehensive examination subject:"

"a) Examination format: computer-based multiple choice;"

"b) Examination duration: up to 45 minutes;"

"c) Result: pass or fail;"

"d) Each test consists of 30 questions; answering correctly 25 or more questions is considered passing."

"9. Amend and supplement point a of Clause 4 of Article 15 as follows:"

"a) Hold a college degree or higher in navigation or marine vessel operation, or marine engine operation;"

"10. Amend and supplement point đ of Clause 3 of Article 17 as follows:"

"đ) Individuals holding a seafarer certificate or marine engineer certificate can be converted to an inland waterway vessel seafarer or marine engineer certificate and issued a coastal vessel safety work certificate;"

11. Amend and supplement Article 18 as follows:

"Article 18. Application Files and Procedures for Learning, Examination, and Inspection to Obtain Professional Competence Certificates and Specialized Certificates"

"1. Individuals wishing to participate in learning, examination, and inspection to obtain GCNKNCM certificates or CCCM certificates shall submit one set of application files directly or through postal services or online public service systems or other suitable methods to the training institution. The application file includes:"

"a) An original or electronic form of the Application Form as prescribed in Appendix XIV attached to this Circular;"

"b) Two (2) color photographs or electronic color photographs measuring 2x3 cm with a white background, taken within six months;"

"c) An original or electronic or scanned copy of a health certificate issued by a competent medical facility;"

"d) Present the original for verification (in case of direct submission) or an electronic or scanned copy or certified copy (in case of submission via postal services or online public service systems or other suitable methods) of certificates related to ship captains, chief engineers, or specialized certificates or certified translations into Vietnamese (for certificates issued by foreign authorities) to prove eligibility for the corresponding GCNKNCM or CCCM examination as stipulated in Articles 5 and 6 of this Circular."

"2. Implementation procedures:"

"The training institution shall accept, verify, and process the application files as follows:"

"a) In cases of direct submission, if the application is valid, a notice will be issued for the procedure to participate in learning, examination, and inspection to obtain GCNKNCM or CCCM certificates; if the application is invalid, it will be returned with instructions to complete the application;"

"b) In cases of submission through postal services or online public service systems or other suitable methods, if the application is invalid, the training institution must send a written request for supplementation or completion of the application within two working days from the date of receipt;"

"c) Within three working days from the date of receipt of a valid application, the training institution shall issue a notice for the procedure to participate in learning, examination, and inspection to obtain GCNKNCM or CCCM certificates;"

"d) The authority as stipulated in Article 7 of this Circular shall organize examinations and issue GCNKNCM or CCCM certificates to candidates who meet the examination requirements;"

"đ) Individuals participating in the examination shall pay fees as prescribed; when taking the examination, receiving the certificate, or having a person authorized to receive the certificate, they must present a national identity card, resident ID card, passport, or electronic identity."

"12. Amend and supplement some clauses and points of Article 19 as follows:"

a) Amend and supplement Clause 1 as follows:

"1. Individuals who wish to apply for, reissue, or convert the Seafarer Competency Certificate (GCNKNCM) or Crew Competency Certificate (CCCM) shall submit one set of application documents directly or through the postal service system, or through the online public service system, or other appropriate methods to the Vietnam Inland Waterways Administration, the Department of Transport, or the training institution as prescribed in Article 7 of this Circular. The application package includes:

"a) An original or electronic form of the Application Form as prescribed in Appendix XIV attached to this Circular;"

"b) Two (2) color photographs or electronic color photographs measuring 2x3 cm with a white background, taken within six months;"

"c) An original or electronic or scanned copy of a health certificate issued by a competent medical facility;"

d) Presenting the original for verification (in case of direct submission) or an electronic version, an electronic copy, or a certified copy (in case of submission via the postal service or through the online public service system or other appropriate methods) of certificates related to the master, chief engineer, or professional certificates, or a notarized translation into Vietnamese (for certificates issued by foreign competent authorities) to prove compliance with the conditions for issuance, reissuance, or conversion of the corresponding GCNKNCM or CCCM as stipulated in Articles 15, 16, and 17 of this Circular."

b) Amend and supplement Point c Clause 2 as follows:

"c) Within five working days from the date of receiving a complete application and the applicant having paid the required fees, the Vietnam Inland Waterways Administration, the Department of Transport, or the training institution shall process the issuance, reissuance, or conversion of the GCNKNCM or CCCM according to this Circular."

13. Amend and supplement Clause 2 of Article 20 as follows:

"2. For training institutions, in addition to the documents specified in Clause 1 of this Article, must retain the following documents:

a) Examination results of subjects and modules;

b) Examination and test results of candidates;

c) Attendance records, teacher's notebooks, lesson plans, final examination papers of subjects and modules."

14. Amend and supplement some clauses and points of Article 29 as follows:

a) Add Point h after Point g of Clause 1 as follows:

"h) Guide the use of the unified theoretical examination software across the country."

b) Amend and supplement Clause 3 as follows:

"3. Training institutions:

a) Shall be responsible for implementing this Circular;

b) Shall be responsible for organizing training programs that meet requirements and ensure quality as prescribed;

c) Shall be subject to inspection, audit, supervision, and guidance on professional matters by the Vietnam Inland Waterways Administration, the Department of Transport, and other competent state agencies."

15. Supplement Appendix XVII to Circular No. 40/2019/TT-BGTVT corresponding to Appendix VII promulgated together with this Circular.

16. Replace Appendix II, Appendix IV, Appendix VIII, Appendix XII, Appendix XIII, and Appendix XIV promulgated together with Circular No. 40/2019/TT-BGTVT with Appendix I, Appendix II, Appendix III, Appendix IV, Appendix V, and Appendix VI promulgated together with this Circular.

Article 2. Transitional provisions

During the period from the effective date of this Circular until January 1, 2025, if the Department of Transport specified in Appendix VII promulgated together with this Circular has not been able to perform its duties of organizing examinations, issuing decisions recognizing examination results, issuing, reissuing, and converting GCNKNCM for masters and chief engineers of first and second class, and issuing decisions recognizing inspection results, issuing, reissuing, and converting special CCCM, it shall submit a written request to the Vietnam Inland Waterways Administration to continue performing these tasks.

Article 3. Implementation Provisions

"1. This Circular shall take effect from February 15, 2024."

2. The Director of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterways Administration, the Directors of Provincial Departments of Transport, the Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Circular./.