Circular No. 40/2019/TT-BGTVT on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence and professional certificates for seafarers and inland waterway vessel operators.

CIRCULAR

Regulations on examination, inspection, issuance, reissuance, and conversion

of certificates of professional competence, professional certificates

for seafarers and inland waterway vessel operators

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

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

The Minister of Transport issues this Circular to regulate examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and professional certificates for seafarers and inland waterway vessel operators.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and professional certificates for seafarers and inland waterway vessel operators.

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals related to examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and professional certificates for seafarers and inland waterway vessel operators.

2. This Circular does not apply to agencies, organizations, and individuals related to examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and professional certificates for seafarers and inland waterway vessel operators performing national defense and security duties.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. The period of holding a position is the time a seafarer works according to their position on inland waterway vessels.

2. The probationary period is the time spent training on inland waterway vessels according to the trained position under the guidance of a person with appropriate technical expertise.

3. The certificate of professional competence (hereinafter referred to as "GCNKNCM") for master and chief engineer is a certificate confirming the seafarer's ability to hold the positions of master and chief engineer on inland waterway vessels.

4. The professional certificate (hereinafter referred to as "CCCM") is a certificate confirming that the seafarer or inland waterway vessel operator has the ability to work and handle safety issues on inland waterway vessels or control inland waterway vessels, including basic safety training certificates, vocational certificates, and special professional certificates.

5. High-speed vessel (high-speed boat) is a vessel with a design speed meeting the conditions specified in the National Technical Regulation on classification and construction of high-speed vessels or having a speed exceeding 30 km/h.

6. Coastal inland waterway vessel is a vessel carrying the VR-SB grade according to the National Technical Regulation on classification rules and construction of inland waterway vessels.

Chapter II

CERTIFICATES OF PROFESSIONAL COMPETENCE AND PROFESSIONAL CERTIFICATES AND CONDITIONS FOR EXAMINATION AND INSPECTION TO OBTAIN CERTIFICATES OF PROFESSIONAL COMPETENCE AND PROFESSIONAL CERTIFICATES

Article 4. Classification of certificates of professional competence and professional certificates

1. Certificates of professional competence for master are classified into four grades: Grade I (T1), Grade II (T2), Grade III (T3), and Grade IV (T4).

2. Certificates of professional competence for chief engineer are classified into three grades: Grade I (M1), Grade II (M2), and Grade III (M3).

3. Basic Safety Training Certificate (BSTC).

4. Vocational certificates, including:

a) Seafarer's Certificate (STC);

b) Engineer's Certificate (ETC);

c) Vessel Operator's Certificate (VOC).

5. Special professional certificates, including:

a) High-Speed Vessel Control Certificate (HSVC);

b) Coastal Vessel Control Certificate (CVC);

c) Coastal Vessel Safety Work Certificate (CSWC);

d) Petroleum Carrier Safety Work Certificate (PCSWC);

e) Chemical Carrier Safety Work Certificate (CCSWC);

f) Liquefied Gas Carrier Safety Work Certificate (LGSC).

6. Templates for certificates of professional competence and professional certificates and regional codes of GCNKNCM, CCCM at localities as stipulated in Appendix 1 attached hereto.

Article 5. General conditions for taking examinations and inspections to obtain certificates of professional competence and specialized certificates

1. Being a Vietnamese citizen or a foreigner who has completed the corresponding vocational training programs as specified in Clause 7 Point b, Clause 8 Point b, Clause 9 Point b, Clause 10 Point b, Clause 11 Point b, and Clause 12 Point b of Article 6 of this Circular for each type and level of certificates of professional competence and specialized certificates.

2. Reaching the required age and having sufficient time in holding the relevant position or undergoing probationary period as stipulated in Article 6 of this Circular up to the date of the examination and inspection board's decision.

3. Having a health certificate issued by a competent medical facility.

Article 6. Specific conditions for taking examinations and inspections to obtain certificates of professional competence and specialized certificates

In addition to the general conditions prescribed in Article 5 of this Circular, candidates for examinations and inspections to obtain certificates of professional competence and specialized certificates must meet the following specific conditions:

1. Examination for obtaining a seafarer certificate or engineer certificate: at least 16 years old.

2. Examination for obtaining a vehicle driver certificate: at least 18 years old.

3. Examination for obtaining a safety work certificate on coastal vessels, oil-carrying vessels, chemical-carrying vessels, or liquefied gas carriers: having a seafarer certificate, engineer certificate, or vehicle driver certificate or higher.

4. Examination for obtaining a high-speed vessel control certificate: at least 18 years old, having a seafarer certificate or vehicle driver certificate or higher.

5. Examination for obtaining a coastal vessel control certificate: holding a certificate of professional competence as master from third class or higher, with at least six months of experience in the position of third-class master.

6. Examination for obtaining a certificate of professional competence as fourth-class master: at least 18 years old, having a seafarer certificate or vehicle driver certificate.

7. Examination for obtaining a certificate of professional competence as third-class master:

a) At least 18 years old, having a seafarer certificate or vehicle driver certificate, with at least twelve months of experience in the position or having a certificate of professional competence as fourth-class master with at least six months of experience in the position of seafarer or vehicle driver;

b) For those who have a basic vocational qualification certificate in the profession of controlling watercraft or marine vessels or as a seafarer, completing at least six months of probationary period can take the examination for obtaining a certificate of professional competence as third-class master without having to attend the corresponding program.

8. Examination for obtaining a certificate of professional competence as third-class chief engineer:

a) At least 18 years old, having an engineer certificate, with at least twelve months of experience in the position of engineer;

b) For those who have a basic vocational qualification certificate in the profession of marine engine operation or marine engineering or as an engineer, completing at least six months of probationary period can take the examination for obtaining a certificate of professional competence as third-class chief engineer without having to attend the corresponding program.

9. Examination for obtaining a certificate of professional competence as second-class master:

b) For those who have a secondary vocational school graduation certificate in the profession of controlling watercraft or marine vessels, completing at least twelve months of probationary period in the position of third-class master can take the examination for obtaining a certificate of professional competence as second-class master without having to attend the corresponding program.

10. Examination for obtaining a certificate of professional competence as second-class chief engineer:

b) For those who have a secondary vocational school graduation certificate in the profession of marine engine operation or marine engineering, completing at least six months of probationary period in the position of third-class chief engineer can take the examination for obtaining a certificate of professional competence as second-class chief engineer without having to attend the corresponding program.

11. Examination for obtaining a certificate of professional competence as first-class master:

b) For those who have a college diploma or higher in the profession of controlling watercraft or marine vessels, completing at least eighteen months of probationary period in the position of first-class master can take the examination for obtaining a certificate of professional competence as first-class master without having to attend the corresponding program.

12. Examination for obtaining a certificate of professional competence as first-class chief engineer:

b) For those who have a college diploma or higher in the profession of marine engine operation or marine engineering, completing at least twelve months of probationary period in the position of second-class chief engineer can take the examination for obtaining a certificate of professional competence as first-class chief engineer without having to attend the corresponding program.

Chapter III

ORGANIZATION OF STUDY, EXAMINATION AND INSPECTION TO ISSUE CERTIFICATES OF PROFESSIONAL COMPETENCE AND SPECIALIZED CERTIFICATES

1. The Vietnam Inland Waterway Administration:

a) Organizes examinations, issues decisions recognizing examination results, issues, reissues, and converts Certificates of Professional Competence for captains and chief engineers from Class Two upwards nationwide and for captains from Class Four upwards and chief engineers from Class Three upwards at subordinate training institutions under the Vietnam Inland Waterway Administration;

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

2. Departments of Transport:

a) Organizes examinations, issues decisions recognizing examination results, issues, reissues, and converts Certificates of Professional Competence for captains from Class Three and Four and chief engineers from Class Three;

b) Organizes inspections, issues decisions recognizing inspection results, issues, reissues vocational certificates and basic safety training certificates (for localities without training institutions).

3. Training institutions meeting the prescribed conditions:

a) Organizes inspections, issues decisions recognizing inspection results, issues, reissues, and converts vocational certificates and basic safety training certificates;

b) Organizes inspections of Specialized Certificates.

4. The authority issuing Certificates of Professional Competence and Specialized Certificates shall implement the issuance, reissuance, and conversion of such certificates. When reissuing Certificates of Professional Competence and Specialized Certificates, the competent authority must invalidate the original certificates by cutting off a corner. In cases where organizations or individuals request reissuance or conversion of Certificates of Professional Competence and Specialized Certificates from authorities other than those that issued them previously, these authorities shall base their actions on the competencies stipulated in Clause 1, Clause 2, and Clause 3 of this Article and send written documents to the previous issuing authorities for verification. After receiving verification results, they shall proceed with the reissuance and conversion of Certificates of Professional Competence and Specialized Certificates according to Article 19 of this Circular.

Training institutions or Departments of Transport (for localities without training institutions) shall perform the following tasks:

1. Accept applications, review, and verify conditions for participation in studies, examinations, and inspections as prescribed.

a) A list of students meeting the conditions for study (Report No. 1), reviewed and approved by the head of the training institution or Department of Transport (for localities without training institutions) in accordance with Appendix II attached to this Circular;

b) The training plan for the entire course as prescribed in Appendix III attached to this Circular.

a) Students' learning outcomes (Report No. 2), reviewed and approved by the head of the training institution or Department of Transport (for localities without training institutions) in accordance with Appendix IV attached to this Circular;

b) Plans for organizing examinations and inspections.

Article 9. Organization of the Examination for Issuing Professional Competence Certificates and Inspection for Issuing Professional Certificates

1. After receiving the examination and inspection plan and the study results of students (Report No. 2), the competent authority specified in Article 7 of this Circular shall issue a decision to establish the Examination and Inspection Board in accordance with Appendix V attached to this Circular and direct the implementation of the examination and inspection in accordance with current regulations. The Chairman of the Examination and Inspection Board or the authorized person, and the Secretary of the Examination and Inspection Board must be present throughout the organization of the examination and inspection to direct and resolve matters.

3. The Examination and Inspection Board shall convene meetings:

b) Second session: examine examination and inspection results in accordance with Appendix VII attached to this Circular; consider proposals and recommendations and resolve other related issues. Additionally, the Chairman of the Examination and Inspection Board may convene extraordinary meetings to address unexpected issues arising during the examination and inspection period.

4. At the end of the examination and inspection period, the Examination and Inspection Board shall report to the competent authority specified in Article 7 of this Circular:

a) A summary table of examination and inspection results (Report No. 3) in accordance with Appendix VIII attached to this Circular;

b) Minutes of the first and second sessions of the Examination and Inspection Board in accordance with Appendices IX and X attached to this Circular;

c) Other relevant documents concerning the examination and inspection period.

5. Upon receiving the reports from the Examination and Inspection Board, the competent authority shall issue a decision recognizing the examination and inspection results and issuing the Professional Competence Certificate (PCC) and Professional Certificate (PC) (with a list of issuance) for candidates who meet the examination and inspection requirements as stipulated in Appendix XI attached to this Circular. When issuing a higher-level PCC, the lower-level PCC will be invalidated by cutting a corner and returned to the individual for personal storage together with their enrollment file.

6. When issuing the PCC and PC, the competent authority shall enter the issuance, reissuance, and conversion records of the PCC and PC into the register. The register is bound for each course or multiple courses. The issuance, reissuance, and conversion records of the PCC and PC shall be carried out in accordance with Appendix XII attached to this Circular.

Article 10. Examination and Inspection Board

1. The Examination and Inspection Board consists of 05 (five) or 07 (seven) members.

2. Composition of the Examination Board:

a) The Chairman of the Board is the leader of the competent authority specified in Article 7 of this Circular or the authorized person;

b) The Vice-Chairman of the Board is the leader of the competent authority, the leader of training institutions;

c) The Secretary Member is a specialist overseeing the training work of the competent authority;

d) The remaining Members are specialists of the competent authority, leaders of departments, courses, and subject groups of training institutions.

a) The Chairman of the Board is the leader of the training institution or the leader of the Department of Transport (for localities without a training institution);

b) The Vice-Chairman of the Board is the leader or head of the department of the training institution or the leader of the specialized department under the Department of Transport (for localities without a training institution);

c) The Secretary Member is the leader of the training department of the training institution or a specialist overseeing the training work of the Department of Transport (for localities without a training institution);

d) The remaining Members are leaders of departments, faculties, and subject groups of the training institution or specialists of the Department of Transport (for localities without a training institution).

1. Organize examinations and inspections.

2. Decide to establish the Examination Supervision and Grading Committee, Inspection Supervision and Grading Committee in accordance with Appendix XIII issued together with this Circular.

3. Approve lists of trainees eligible to take examinations and inspections.

4. Organize meetings of the board two times or hold extraordinary meetings when the Chairman of the Board or the Vice-Chairman authorized by the Chairman is present and at least two-thirds of the board members participate. In each session, if there are dissenting opinions, decisions will be made by majority vote; otherwise, the Chairman of the Board shall decide.

6. Compile examination and inspection results and report to the competent authority:

a) List of examination and inspection results of candidates;

b) List of successful candidates;

c) Minutes of board meetings;

d) Other related documents.

Article 12. Examination Supervision and Grading Committee, Inspection Supervision and Grading Committee

2. Duties of the Examination Supervision and Grading Committee, Inspection Supervision and Grading Committee:

a) Supervise and grade examinations and inspections in accordance with regulations;

b) Propose the Examination and Inspection Board to promptly correct any errors found in examination and inspection questions;

c) Organize and arrange members of the Examination Supervision and Grading Committee, Inspection Supervision and Grading Committee to ensure that each subject has a minimum of two members;

d) Collect examination and inspection grading results and hand over to the Secretary of the Examination and Inspection Board.

Article 13. Subjects of Examinations and Inspections; Forms of Examinations and Inspections; Duration of Examinations and Inspections

a) Form of examination and inspection: multiple choice;

b) Duration of examination and inspection: maximum 60 minutes;

c) Result: pass or fail;

d) Each test contains 30 questions, answering correctly 25 or more questions is required to pass.

3. For the specialized theoretical examination subject:

a) Form of examination: oral questioning;

b) Duration of examination: maximum 45 minutes, preparation time for candidates not exceeding 30 minutes, questioning and answering time not exceeding 15 minutes;

c) Result: pass or fail.

4. For practical examination and inspection subjects:

a) Content of examination and inspection: includes basic skills in specialization and vocational work, and handling common situations in practice;

b) Duration of examination for first-class captain: maximum 120 minutes;

c) Duration of examination for second-class captain: maximum 90 minutes;

d) Duration of examination for third-class captain: maximum 60 minutes;

đ) Duration of examination for fourth-class captain: maximum 45 minutes;

e) Duration of inspection for seafarer certificates, vessel operator certificates, and special vocational certificates: maximum 30 minutes;

g) First-class engineer, second-class engineer, third-class engineer, and engine room attendant certificates do not require practical examination and inspection;

h) Result: pass or fail;

i) Method of examination and inspection: decided by the Examination and Inspection Board.

5. Language used during learning, examination, and inspection: Vietnamese.

6. Examination and inspection rules according to the Vocational Education Law.

Chapter IV

ISSUANCE, RENEWAL, AND TRANSFER OF PROFESSIONAL CAPABILITY CERTIFICATES AND SPECIALTY CERTIFICATES

Article 14. Recognition of Examination Results and Issuance of Professional Competence Certificates and Specialized Certificates

1. The competent authority as prescribed in Article 7 of this Circular:

a) Shall decide to recognize examination results for candidates who have met the theoretical and practical requirements;

b) Shall issue Professional Competence Certificates (GCNKNCM) and Specialized Certificates (CCCM) to candidates who have met the examination and testing requirements within ten working days from the date of the decision recognizing the examination results;

c) Shall directly or authorize the training institution where the candidate has registered to study and take the examination to hand over the GCNKNCM and CCCM to the candidates who have met the requirements.

2. Candidates whose examination results are eligible for retention may participate in examinations organized by that authority within twelve months.

Article 15. Granting of Professional Competence Certificates and Specialized Certificates

1. For basic safety training certificates: Holders of GCNKNCM or vocational certificates listed in the issuance book of the competent authority as prescribed in Article 7 of this Circular.

2. For seafarer certificates and engine room certificates:

a) Hold a primary vocational certificate or higher in the navigation or marine engineering profession;

b) Complete the probationary period in the capacity of seafarer or engine room personnel for at least six months.

3. For Third Officer and Third Engineer GCNKNCM:

a) Hold a Third Officer or Third Engineer vocational certificate or a college diploma or higher in the navigation or marine engineering profession;

b) Complete the probationary period in the capacity of Third Officer or Third Engineer for at least six months.

4. For Second Officer and Second Engineer GCNKNCM:

b) Complete the probationary period in the capacity of Second Officer or Second Engineer for at least six months.

Article 16. Reissuing of Professional Competence Certificates and Specialized Certificates

1. Individuals holding GCNKNCM and CCCM that are damaged and listed in the issuance book of the issuing authority shall be reissued GCNKNCM and CCCM.

2. For Master and Chief Engineer licenses:

a) Individuals holding Master and Chief Engineer licenses that have exceeded their validity period by more than twelve months since December 31, 2019, and listed in the issuance book of the issuing authority must retake the theory exam to obtain GCNKNCM;

b) Individuals holding Master and Chief Engineer licenses that have exceeded their validity period between twelve and twenty-four months since December 31, 2019, and listed in the issuance book of the issuing authority must retake both the theory and practical exams to obtain GCNKNCM;

c) Individuals holding Master and Chief Engineer licenses that have exceeded their validity period by twenty-four months or more since December 31, 2019, and listed in the issuance book of the issuing authority must undergo training and take the GCNKNCM corresponding to each type and grade of license previously obtained.

3. For Professional Competence Certificates:

a) Individuals holding GCNKNCM that have exceeded their validity period by less than three months and listed in the issuance book of the issuing authority shall be reissued GCNKNCM;

b) Individuals holding GCNKNCM that have exceeded their validity period by three to six months and listed in the issuance book of the issuing authority must retake the theory exam to obtain GCNKNCM;

c) Individuals holding GCNKNCM that have exceeded their validity period by six to twelve months and listed in the issuance book of the issuing authority must retake both the theory and practical exams to obtain GCNKNCM;

d) Individuals holding GCNKNCM that have exceeded their validity period by twelve months or more and listed in the issuance book of the issuing authority must undergo training and take the GCNKNCM corresponding to each type and grade of GCNKNCM previously obtained.

4. Individuals holding GCNKNCM that are still valid but lost, and listed in the issuance book of the issuing authority, and not confiscated or processed by competent authorities, shall be reissued GCNKNCM within thirty working days from the date of receiving the valid application file as prescribed.

5. Individuals holding GCNKNCM that have exceeded their validity period and lost, and listed in the issuance book of the issuing authority, and not confiscated or processed by competent authorities must undergo training and take the GCNKNCM corresponding to each type and grade of GCNKNCM previously obtained.

6. Specialized Certificates:

a) Individuals holding Seafarer Certificates, First Class Seafarer Certificates, Second Class Seafarer Certificates, Restricted Seafarer Certificates or equivalent shall be reissued Seafarer Certificates;

b) Individuals holding Engine Room Certificates, First Class Engine Room Certificates, Second Class Engine Room Certificates, Restricted Engine Room Certificates or equivalent shall be reissued Engine Room Certificates;

c) Individuals holding Vessel Driving Certificates, First Class Vessel Driving Certificates, Second Class Vessel Driving Certificates, Restricted Vessel Driving Certificates or equivalent shall be reissued Vessel Driving Certificates;

d) Individuals holding High-Speed Vessel Control Certificates for Type I and Type II high-speed vessels or equivalent shall be reissued High-Speed Vessel Control Certificates.

7. When reissuing, the old number remains unchanged, and the issuing authority must notify the relevant authorities to cancel the old GCNKNCM and CCCM.

8. Individuals holding Master Certificates from Third Grade upwards who have exceeded the retirement age but meet the health requirements and have the need may be issued Vessel Driving Certificates but shall not engage in commercial transportation activities.

Article 17. Conversion of certificates of professional competence, professional certificates

1. Persons holding certificates regarding ship captains or chief engineers or professional certificates still within their validity period issued by competent authorities of Vietnam; foreign persons or Vietnamese residing abroad holding certificates regarding ship captains or chief engineers or professional certificates still within their validity period issued by competent authorities of foreign countries, if they wish to work on inland waterway vessels, must go through procedures to convert such certificates into certificates of professional competence for ship captains, chief engineers, and professional certificates for inland waterway vessels according to the provisions of this Circular.

2. For ship captain certificates, chief engineer certificates, and fishing vessel professional certificates:

a) Persons holding bachelor's or master's degrees or certificates for ship captains or chief engineers of Class I fishing vessels, with at least 18 months of experience in the position of ship captain or chief engineer of Class I fishing vessels, may be converted into certificates of professional competence for ship captains or chief engineers of Class II inland waterway vessels but must complete the corresponding vocational training program, take the corresponding examinations for ship captains or chief engineers of Class II, and meet the requirements as stipulated.

b) Persons holding bachelor's or master's degrees or certificates for ship captains or chief engineers of Class II fishing vessels, with at least 18 months of experience in the position of ship captain or chief engineer of Class II fishing vessels, may be converted into certificates of professional competence for ship captains or chief engineers of Class III inland waterway vessels but must complete the corresponding vocational training program, take the corresponding examinations for ship captains or chief engineers of Class III, and meet the requirements as stipulated.

c) Persons holding bachelor's or master's degrees or certificates for ship captains of Class III fishing vessels, with at least 18 months of experience in the position of ship captain of Class III fishing vessels, may be converted into certificates of professional competence for ship captains of Class IV inland waterway vessels but must complete the corresponding vocational training program, take the corresponding examinations for ship captains of Class IV, and meet the requirements as stipulated.

d) Persons holding bachelor's or master's degrees or certificates for chief engineers of Class III fishing vessels, with at least 18 months of experience in the position of chief engineer of Class III fishing vessels, may be converted into certificates of professional competence for chief engineers of Class III inland waterway vessels but must complete the corresponding vocational training program, take the corresponding examinations for chief engineers of Class III, and meet the requirements as stipulated.

đ) Persons holding certificates for seamen or engine room ratings of fishing vessels may be converted into corresponding certificates for seamen or engine room ratings of inland waterway vessels but must complete the corresponding vocational training program, undergo the corresponding examination for seamen or engine room ratings, and meet the requirements as stipulated.

e) Persons holding certificates for ship captains of fishing vessels from Class III upwards who have exceeded the working age but are still in good health and wish to convert their certificates may obtain certificates for driving non-commercial transport vessels but must complete the corresponding vocational training program, undergo the corresponding examination for driving non-commercial transport vessels, and meet the requirements as stipulated.

3. For certificates of professional competence for ship captains, chief engineers, and professional certificates for ocean-going vessels:

a) Persons holding a college degree or higher in the profession of operating ocean-going vessels or marine engineering, with certificates of professional competence for ship captains of ocean-going vessels with a gross tonnage of 500 GT or more or for chief engineers of ocean-going vessels with a power output of 750 kW or more, and with at least six months of experience in the position of ship captain or chief engineer of ocean-going vessels, may be converted into certificates of professional competence for ship captains or chief engineers of Class I inland waterway vessels (prior to assuming the position of ship captain of Class I, they must complete at least one month of probationary period as a ship captain of Class I on vessels with a total deadweight of over 1,000 tons).

b) Persons holding a secondary school degree in the profession of operating ocean-going vessels or marine engineering, with certificates of professional competence for ship captains of ocean-going vessels with a gross tonnage between 50 GT and under 500 GT or for chief engineers of ocean-going vessels with a power output between 75 kW and under 750 kW, and with at least six months of experience in the position of ship captain or chief engineer of ocean-going vessels, may be converted into certificates of professional competence for ship captains or chief engineers of Class II inland waterway vessels.

c) Persons holding certificates of professional competence for ship captains of ocean-going vessels with a gross tonnage under 50 GT, with at least six months of experience in the position of ship captain of ocean-going vessels, may be converted into certificates of professional competence for ship captains of Class III or Class IV inland waterway vessels.

d) Persons holding certificates of professional competence for chief engineers of ocean-going vessels with a power output under 75 kW, with at least six months of experience in the position of chief engineer of ocean-going vessels, may be converted into certificates of professional competence for chief engineers of Class III inland waterway vessels.

e) Persons holding certificates of professional competence for ship captains of ocean-going vessels with a gross tonnage of 50 GT or more who have exceeded the working age but are still in good health and wish to convert their certificates may obtain certificates for driving non-commercial transport vessels without participating in commercial transportation activities.

g) Persons holding certificates of professional competence for ship captains of ocean-going vessels that have been converted into certificates of professional competence for ship captains of Class I, II, or III inland waterway vessels according to the provisions of points a, b, and point c of this clause shall be granted certificates for safe work on coastal vessels and certificates for navigating coastal vessels.

h) Persons holding certificates of professional competence for chief engineers of ocean-going vessels that have been converted into certificates of professional competence for chief engineers of Class I, II, or III inland waterway vessels according to the provisions of points a, b, and point d of this clause shall be granted certificates for safe work on coastal vessels.

Chapter V

PROCEDURES FOR APPLICATIONS, STUDY, EXAMINATION, ISSUANCE, RENEWAL, AND CONVERSION OF CERTIFICATES OF PROFESSIONAL COMPETENCE AND PROFESSIONAL CERTIFICATES

1. Individuals who wish to attend courses, take examinations, or undergo assessments to obtain a certificate of professional capability or a professional certificate shall submit one set of documents directly or through the postal system or other appropriate means to the training institution or the Department of Transport (for localities without a training institution). The documents shall include:

a) A request form as prescribed in Appendix XIV attached to this Circular;

b) Two (2) color photographs measuring 2x3 cm with a white background, taken not more than six (6) months ago;

c) A health certificate issued by a competent medical facility;

d) A copy accompanied by the original for verification (in case of direct submission) or a certified copy (in case of submission through the postal system or other appropriate means) of certificates related to ship captains or chief engineers or professional certificates or a certified translation into Vietnamese (for certificates related to ship captains or chief engineers or professional certificates issued by competent authorities of foreign countries) to prove eligibility for the corresponding examination or assessment according to Articles 5 and 6 of this Circular.

2. Implementation procedure: The training institution or the Department of Transport (for localities without a training institution) shall receive, examine the documents, and process them as follows:

a) In cases where documents are submitted directly, if the documents are valid, they shall issue a notice for the individual to proceed with the course, examination, or assessment to obtain a certificate of professional capability or a professional certificate; if the documents are invalid according to regulations, they shall return the documents and guide the individual to complete the documents;

b) In cases where documents are received through the postal system or other appropriate means, if the documents are invalid according to regulations, within two (2) working days from the date of receipt of the documents, the training institution or the Department of Transport (for localities without a training institution) must send a letter to the individual requesting additional or completed documents;

c) Within three (3) working days from the date of receipt of valid documents according to regulations, the training institution or the Department of Transport (for localities without a training institution) shall send a notice for the individual to proceed with the course, examination, or assessment to obtain a certificate of professional capability or a professional certificate;

d) The authority specified in Article 7 of this Circular shall organize examinations, assessments, and issue certificates of professional capability or professional certificates to candidates who meet the requirements of the examination or assessment;

a) A request form as prescribed in Appendix XIV attached to this Circular;

b) Two (2) color photographs measuring 2x3 cm with a white background, taken not more than six (6) months ago;

c) A health certificate issued by a competent medical facility;

d) A copy accompanied by the original for verification (in case of direct submission) or a certified copy (in case of submission through the postal system or other appropriate means) of certificates related to ship captains or chief engineers or professional certificates or a certified translation into Vietnamese (for certificates related to ship captains or chief engineers or professional certificates issued by competent authorities of foreign countries) to prove eligibility for issuance, reissuance, or conversion according to Articles 15, 16, and 17 of this Circular.

2. Implementation procedure: The Vietnam Directorate of Inland Waterways, the Department of Transport, or the training institution shall receive, examine the documents, and process them as follows:

a) In cases where documents are submitted directly, if the documents are valid, they shall issue a notice for the individual to proceed with the application for issuance, reissuance, or conversion; if the documents are invalid according to regulations, they shall guide the individual to complete the documents;

b) In cases where documents are received through the postal system or other appropriate means, if the documents are invalid according to regulations, within two (2) working days from the date of receipt of the documents, the Vietnam Directorate of Inland Waterways, the Department of Transport, or the training institution must send a letter to the individual requesting additional or completed documents;

Article 20. Archiving of Application Files for Study, Examination, Testing, Issuance, Reissuance, and Conversion of Professional Competence Certificates and Specialized Certificates

1. The competent authority specified in Article 7 of this Circular shall retain the following documents:

a) List of eligible students (Report No. 1); student academic results (Report No. 2); summary table of examination and testing results (Report No. 3);

b) Decision to establish the Examination Board; Decision to establish the Examination Supervision and Grading Committee; Decision to recognize examination and testing results and issuance of Professional Competence Certificates and Specialized Certificates along with the list of recipients;

c) Minutes of Examination Board meetings;

d) Register of issued, reissued, and converted Professional Competence Certificates and Specialized Certificates.

a) Results of subject examinations;

b) Examination and testing results of candidates;

c) Relevant materials and records related to teaching and learning organization.

3. Candidates must retain the following documents:

a) Personal application files for study, examination, testing, issuance, reissuance, and conversion of Professional Competence Certificates and Specialized Certificates;

b) Various certificates, old corners-cut Professional Competence Certificates for ship captains and chief engineers (if applicable).

4. Retention period for files:

a) Indefinite for issued, reissued, and converted Professional Competence Certificates and Specialized Certificates;

b) At least two years for examination and testing papers and remaining documents;

c) Disposal of expired documents according to current regulations.

Chapter VI

TRAINING OF SUPERVISION AND GRADING FOR EXAMINATIONS AND TESTS; CONTENT OF TRAINING AND INSPECTION; HANDLING VIOLATIONS IN SUPERVISION AND GRADING FOR EXAMINATIONS AND TESTS

Article 21. Industry, Type, and Rank in Performing Supervision and Grading for Examinations and Tests

1. Industry:

a) Vessel Control, symbol T: supervises and grades vessel control examinations and tests;

b) Vessel Machinery, symbol M: supervises and grades vessel machinery examinations and tests.

2. Type:

a) General Theory, symbol LTTH: supervises and grades general theory subjects;

b) Specialized Theory, symbol LTCM: supervises and grades specialized theory subjects and general theory subjects;

c) Practical, symbol TH: supervises and grades practical subjects;

d) Theory and Practical, symbol LT - TH: supervises and grades both theoretical and practical subjects.

3. Rank:

a) First Rank, symbol 1: supervises and grades up to first rank ship captains and chief engineers;

b) Second Rank, symbol 2: supervises and grades up to third rank ship captains and chief engineers.

Article 22. Standards for Participation in Vocational Training to Perform Supervision and Grading Tasks for Examinations and Tests

1. For those performing supervision and grading tasks for general theory examinations: at least a college diploma.

2. For those performing supervision and grading tasks for specialized theory examinations: at least a college diploma in one of the following majors: vessel control, marine vessel control, vessel machinery, or marine vessel machinery, with at least twelve months of teaching or working experience in inland waterway transport.

3. For those performing supervision and grading tasks for practical examinations: at least a high school diploma or equivalent and holding a Professional Competence Certificate for a ship captain at least one rank higher than the certificate registered for training and inspection; in the case of attending training to perform supervision and grading tasks for first rank ship captain practical examinations, they must hold a first rank ship captain Professional Competence Certificate and have at least twenty-four months of experience serving as a first rank ship captain.

Article 23. Training for performing examination supervision, marking, inspection supervision, and inspection marking duties

1. Persons performing examination supervision, marking, inspection supervision, and inspection marking duties must attend corresponding vocational training courses according to their respective fields, types, and levels as stipulated in this Circular.

2. The content of the training includes introducing and guiding current legal regulations on seafarer training and inland waterway vessel drivers, other relevant current legal regulations, and reviewing practical skills in control and machinery sectors; applying information technology in seafarer and inland waterway vessel driver training.

3. The list of participants registering for vocational training classes shall be submitted in accordance with the form prescribed in Appendix XV attached to this Circular.

Article 24. Announcing the List of Persons Completing Vocational Training Classes to Meet Requirements for Performing Examination Supervision, Marking, Inspection Supervision, and Inspection Marking Duties

2. Persons performing examination supervision, marking, inspection supervision, and inspection marking duties may only supervise and mark examinations and inspections in the fields, types, and levels they have been trained in.

Article 25. Handling Violations by Members of the Examination Supervision, Marking, Inspection Supervision, and Inspection Marking Committees

1. They shall not perform examination supervision, marking, inspection supervision, and inspection marking duties for a period of three months if they violate any of the following provisions:

a) Having inappropriate attitudes and behaviors when participating in examination supervision, marking, inspection supervision, and inspection marking duties;

b) Not checking compliance with examination hall rules, candidate lists, examination conditions, and safety conditions of examination-related equipment and facilities;

c) Not reporting to the Head of the Examination Supervision, Marking, Inspection Supervision, and Inspection Marking Committee when examination hall safety conditions and safety conditions of examination-related equipment and facilities do not comply with regulations;

d) Not complying with the assignments of the Head of the Examination Supervision, Marking, Inspection Supervision, and Inspection Marking Committee;

đ) Engaging in personal activities, drinking alcohol, or using prohibited stimulants while performing examination supervision, marking, inspection supervision, and inspection marking duties;

e) Undertaking tasks without being assigned;

g) Not thoroughly checking examination papers, leading to omissions in related examination content when transferring papers to the examination board secretary.

2. They shall not perform examination supervision, marking, inspection supervision, and inspection marking duties for a period of six months if they violate any of the following provisions:

a) Not reporting to the Head of the Examination Supervision, Marking, Inspection Supervision, and Inspection Marking Committee to request the examination board to promptly correct errors in examination questions;

b) Performing examination supervision, marking, inspection supervision, and inspection marking duties without ensuring that each subject has at least two members;

c) Assisting candidates in any form;

d) Causing physical altercations or accidents during examination supervision, marking, inspection supervision, and inspection marking due to subjective reasons;

đ) Not compiling marking results and handing them over to the examination board secretary;

e) Being penalized twice within twelve months for violations as stipulated in Clause 1 of this Article.

3. They shall not perform examination supervision, marking, inspection supervision, and inspection marking duties for a period of twelve months if they violate any of the following provisions:

a) Not adhering to the content, procedures, and formalities of the examination and inspection as currently regulated;

b) Marking inaccurately, affecting candidates' examination and inspection results;

c) Shielding improper and negative actions;

d) Showing signs of negativity that distort examination and inspection results;

đ) Being penalized twice within twelve months for violations as stipulated in Clause 2 of this Article.

4. Examination supervision, marking, inspection supervision, and inspection marking results shall be nullified if penalized twice for violations as stipulated in Clause 3 of this Article.

1. The Chairman of the Examination and Inspection Board shall suspend the duties of examination supervision, grading, inspection supervision, and grading inspection for members of the Examination Supervision Board, Grading Board, Inspection Supervision Board, and Grading Inspection Board who violate the provisions set out in Clauses 1, 2, and 3 of Article 25 of this Circular and report and recommend to the Vietnam Inland Waterways Administration to handle such cases after the completion of the examination or inspection period.

2. The Vietnam Inland Waterways Administration shall handle violations by members of the Examination Supervision Board, Grading Board, Inspection Supervision Board, and Grading Inspection Board based on the reports and recommendations of the Chairman of the Examination and Inspection Board in accordance with Article 25 of this Circular.

Chapter VII IMPLEMENTATION PROVISIONS

Article 27. Reporting System

Article 28. Transitional Provisions

1. Examination supervision and grading cards issued before this Circular takes effect will continue to be valid until their expiration date. If the examination supervision and grading card expires and the holder wishes to continue performing examination supervision and grading duties, they must participate in relevant training and testing according to the provisions of this Circular.

2. Training courses organized before this Circular takes effect shall continue to be implemented in accordance with Circular No. 56/2014/TT-BGTVT dated October 24, 2014, of the Minister of Transport regarding examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and vocational certificates for seafarers and inland waterway vessel operators and Circular No. 02/2017/TT-BGTVT dated January 20, 2017, of the Minister of Transport amending and supplementing certain articles of Circular No. 56/2014/TT-BGTVT dated October 24, 2014, of the Minister of Transport regarding examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and vocational certificates for seafarers and inland waterway vessel operators.

Article 29. Implementation Organization

a) Organize the implementation of this Circular;

d) Developing training content and organizing training sessions for examination supervision, grading, inspection supervision, and grading inspection;

đ) Developing question banks and answer keys for examinations and inspections based on the training content and programs for seafarers and inland waterway vessel operators; developing examination and inspection forms;

a) Organize the implementation of this Circular;

b) Conducting inspections and audits of seafarer and inland waterway vessel operator training licensed and managed by the Department of Transport;

c) Being subject to inspections, audits, guidance, and supervision on procedures by the Vietnam Inland Waterways Administration;

a) Shall be responsible for implementing this Circular;

b) Shall be subject to inspections, audits, supervision, and guidance on procedures by the Vietnam Inland Waterways Administration, the Department of Transport, and other competent authorities.

Article 30. Effective Date

This Circular shall take effect from January 1, 2020. Circular No. 56/2014/TT-BGTVT dated October 24, 2014, of the Minister of Transport regarding examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and vocational certificates for seafarers and inland waterway vessel operators and Circular No. 02/2017/TT-BGTVT dated January 20, 2017, of the Minister of Transport amending and supplementing certain articles of Circular No. 56/2014/TT-BGTVT dated October 24, 2014, of the Minister of Transport regarding examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and vocational certificates for seafarers and inland waterway vessel operators are hereby repealed.

Article 31. Responsibility for Implementation

The Head of the Ministry's Office, the Inspector General, the Directors of Departments, the Director of the Vietnam Inland Waterway Administration, and the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.