Circular No. 40/2016/TT-BTTTT on training, issuing, extending, reissuing, and revoking marine radio operator certificates

CIRCULAR

Regulations on training, issuing, renewing, reissuing, and revoking marine radio operator certificates

marine radio operator certificate

 

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 to regulate training for marine radio operators; marine radio operator certificates; the subjects, conditions, procedures for issuing, renewing, reissuing, and revoking marine radio operator certificates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and the scope of application

2. Applicability:

This Circular regulates training for marine radio operators; marine radio operator certificates; the subjects, conditions, procedures for issuing, renewing, reissuing, and revoking marine 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 for the Safety of Life at Sea (SOLAS 74), 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 that cooperate with the Ministry of Information and Communications to implement training for marine radio operators (hereinafter referred to as marine radio operator training institutions) 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 and regulations.

Article5. Graduation Examination Board

1. The graduation examination board (hereinafter referred to as the Examination Board) shall be established by the head of the marine radio operator training institution.

The Examination Board consists of five or seven members including: the Chairman of the Board is the head or deputy head of the marine radio operator training institution; members are staff of the marine radio operator training institution.

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 to take the graduation exam. In cases where students cannot meet the course attendance requirements but have valid reasons, their study time will be preserved and they can continue their studies in the next course at the same marine radio operator training institution.

2. The graduation exam for the course is divided into two parts: theoretical and practical exams according to the current regulations of the International Maritime Organization (IMO). Each part is scored out of ten 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 exam 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

ISSUING, RENEWING, REISSUING, AND REVOKING CERTIFICATES

MARINE 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 Issuing Marine Radio Operator Certificates

1. Being a Vietnamese citizen, a foreigner legally residing in Vietnam, or a foreign seafarer working on Vietnamese ships or 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 Article 9, Article 10, Article 11, or Article 12 of this Circular.

5. Graduating from the corresponding marine radio operator training course.

- The main direction for natural light should be south (windows on the side without a corridor) towards the left hand of students when writing. Professional Conditions for Issuing "Marine Radio Operator Certificate - Restricted Category"

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 achieving level A2 in English according to the six-level standard of the Ministry of Education and Training or level 1 in maritime English as stipulated by the Ministry of Transport, or having an equivalent English certificate.

Article 10. Conditions for obtaining a "Maritime Radio Operator Certificate - General Class"

1\. Graduation from a vocational high school or higher in one of the following maritime fields: marine affairs, ship operation control, electronics, telecommunications, or equivalent; or serving as a deck officer, chief mate, or master of vessels with a gross tonnage of 500 GT 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 as stipulated by the Ministry of Transport, or holding an equivalent English proficiency certificate.

Article 11. Conditions for obtaining a "Maritime Radio Operator Certificate - Second Class"

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

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

Article 12. Conditions for obtaining a "Maritime Radio Operator Certificate - First Class"

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 reaching level C1 in English according to the six-level standard set by the Ministry of Education and Training, or level 3 in maritime English as stipulated by the Ministry of Transport, or holding an equivalent English proficiency certificate.

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

The application dossier for obtaining a Maritime Radio Operator Certificate shall be compiled into one set, including:

a\. A formal request for issuing a Maritime Radio Operator Certificate for the trainee, in accordance with the model specified in Appendix III of this Circular;

b\. A legally certified copy of the citizen identification card, resident identity card, or passport still valid;

c\. An original or legally certified copy of the health certificate issued by medical facilities within six months prior to the date of submitting the application dossier;

d\. A legally certified copy of academic and professional documents proving compliance with the professional conditions stipulated in Articles 9, 10, 11, or 12 of this Circular;

đ\. Two 3x4 photographs taken within six months prior to the date of submitting the application dossier (the back of the photograph must clearly state the full name, date of birth, and place of birth);

e\. The decision recognizing the trainee's graduation from the course.

2\. The training institution for maritime radio operators may submit the application dossier directly or send it 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.

3\. The Ministry of Information and Communications (Radio Frequency Management Department) will issue the Maritime Radio Operator Certificate within ten working days from the date of receiving a complete application dossier that meets the conditions stipulated in Article 8 of this Circular.

In case the application dossier 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 training institution for maritime radio operators who have submitted the dossier of non-compliance within five working days.

Article 14. Conditions, application dossier, procedures, and deadlines for extending the Maritime Radio Operator Certificate

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,

c\. Having served in a position corresponding to the Maritime Radio Operator Certificate for a total period of 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 expiration of the certificate;

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

2\. The application dossier for extension must be submitted within twelve months prior to or three months after the expiration date of the Maritime Radio Operator Certificate.

3\. The application dossier for extending the Maritime Radio Operator Certificate shall be compiled into one set, including:

a\. A formal request for extending the Maritime Radio Operator Certificate, in accordance with the model specified in Appendix IV of this Circular;

b\. An original or legally certified copy of the health certificate issued by a medical facility within six months prior to the date of submitting the application dossier;

c\. The original Maritime Radio Operator Certificate to be extended;

d\. Two 3x4 photographs taken within six months prior to the date of submitting the application dossier (the back of the photograph must clearly state the full name, date of birth, and place of birth);

đ\. A legally certified copy of the seafarer’s book or seafarer’s passport or equivalent document; or

Documents proving the successful completion of the final examination of the corresponding GMDSS maritime radio operator training course (applicable in cases stipulated in point d, Clause 1 of this Article).

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 Department) will extend the Maritime Radio Operator Certificate within ten working days from the date of receiving a complete application dossier that meets the conditions stipulated in Clause 1 of this Article.

In case the application dossier 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 marine radio operator certificate shall be renewed with a maximum validity period of five years from the date of renewal.

Article 15. Reissuing the Maritime 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\. The application dossier for reissuing the Maritime Radio Operator Certificate shall be compiled into one set, including:

a\. A formal request for reissuing the Maritime Radio Operator Certificate, in accordance with the model specified in Appendix IV of this Circular;

b\. Two 3x4 photographs taken within six months prior to the date of submitting the application dossier (the back of the photograph must clearly state the full name, date of birth, and place of birth);

c\. The damaged Maritime Radio Operator Certificate (applicable in cases where the Maritime Radio Operator Certificate is damaged).

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. Revocation 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. Erase, delete the content of the certificate.

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

Chapter IV

IMPLEMENTATION

Article 17. Responsibilities of relevant agencies 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, 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 on organizing 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 final examination plan within five working days from the date of commencement of the course; final examination results of the training course within five working days from the date of the final examination to the Ministry of Information and Communications (Radio Frequency Management Department, address: 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 the application file for issuance of the marine radio operator certificate for each batch of students to the Ministry of Information and Communications (Radio Frequency Management Department, address: 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 Clause 2, Article 4 of this Circular to the Ministry of Information and Communications (Department of Organization and Cadres, address: 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. Effectiveness

1. This Circular takes effect from February 14, 2017 and replaces Decision No. 12/2008/QD-BTTTT dated March 31, 2008 of the Minister of Information and Communications promulgating the Regulation 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 continue to be valid according to the period stated on the certificate. The Ministry of Information and Communications (Radio Frequency Management Department) will extend and reissue marine radio operator certificates as marine radio operator certificates in accordance with 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./.

               

ANNEX I

MATERIAL FACILITIES, EQUIPMENT, TEACHING MATERIALS, AND TEACHERS PARTICIPATING IN TEACHING OF TRAINING INSTITUTIONS FOR MARINE RADIO OPERATORS

(Annexed to Circular No. 40/2016/TT-BTTTT dated December 26, 2016 of the Minister of Information and Communications)

 

I. Requirements for Material Facilities, Equipment, and Teaching Materials

1. Material Facilities and Equipment

Material facilities and equipment must meet the following requirements:

a) Standard classrooms, blackboards, projectors, videos, televisions;

b) Practical equipment with a minimum of four students per machine for terminal system simulators, two students per machine for computer-based simulation systems;

c) Practical equipment must have the ability to simulate the following devices:

- MF/HF transceiver with DSC watchkeeping, telephone, and NBDP;

- 406 MHz EPIRB;

- Search and Rescue Transponder (SART) signal responder device;

- Device capable of receiving EGC;

- Emergency alarm button for training or simulation equipment such as VHF-DSC, HF/MF-DSC, Inmarsat-C, and Inmarsat-F;

- NAVTEX receiver;

- VHF transceiver with voice and DSC functions, combined with DSC watchkeeping channel 70;

- Two-way handheld VHF radio;

- Inmarsat-C, Inmarsat-F;

- Other necessary equipment.

2. Teaching Materials

Teaching materials include:

a) Marine radio operator textbooks for each type of training;

b) Textbooks on operating GMDSS equipment for each type of training;

c) List of coastal stations (ITU List of Coast Stations, Admiralty List of Radio Signals - vol.1, vol.5 ...);

d) List of ship stations (ITU List of Ship Stations);

đ) List of radio location stations and special service stations;

e) International Radio Regulations (ITU Regulations);

g) International Aeronautical and Maritime Search and Rescue Manual (IAMSAR);

h) Logbook guidance for GMDSS;

i) Reference materials of the International Maritime Organization (IMO) and other necessary reference materials.

II. Requirements for Training Programs

There must be programs and contents of training courses that comply with the current model program of the International Maritime Organization (IMO).

III. Requirements for Teachers Participating in Teaching

Teachers participating in training must meet the following requirements:

1. Graduated from university in one of the majors in radio communications, electronics, telecommunications, ship control, or maritime studies.

2. Have at least three years of work experience.

3. Possess language proficiency appropriate to the training program.

4. Hold a marine radio operator certificate suitable for the training program they participate in (the teacher's marine radio operator certificate must be of a higher grade or equal to the grade of the training program they teach).

5. Be proficient in using training equipment or simulation equipment.

6. Hold a certified instructor or pedagogical qualification certificate.