Circular No. 40/2022/TT-BGTVT stipulates the code number, occupational standards, and salary grading for specialized maritime port service civil servants.

CIRCULAR

REGULATING THE CODES, STANDARDS OF OCCUPATIONAL TITLES AND

SALARY GRADINGS FOR SPECIALIZED CIVIL SERVANTS IN PORT SERVICES

On the basis of Pursuant to the Law on Civil Servants dated November 15, 2010; the Law Amending and Supplementing Certain Provisions of the Law on Public Officials and Civil Servants and the Law on Civil Servants dated November 25, 2019;

Pursuant to Decree No.DECREE NO. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants;Pursuant to the Government's Decree No. 204/2004/NĐ-CP dated December 14, 2004 on salary system for public officials, civil servants, and members of the armed forces; Decree No. 17/2013/NĐ-CP dated February 19, 2013 and Decree No. 117/2016/NĐ-CP dated July 21, 2016 of the Government amending and supplementing certain provisions of Decree No. 204/2004/NĐ-CP dated December 14, 2004

on the salary system for public officials, civil servants, and members of the armed forces of the Government DIRECTOR OF THE DEPARTMENT OF ORGANIZATION AND CIVIL SERVANT AFFAIRS ANDonVIETNAMESE MARITIME ADMINISTRATION;

Decree No. 56/2022/NĐ-CP dated 24 the 8 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;22 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry Ministry of Transport;

the Director the proposal of CODES, This Circular stipulates the organization of the selection of outstanding rural industrial products; the rights and responsibilities of agencies, organizations, and individuals related to the activity of organizing the selection of outstanding rural industrial products. STANDARDS OF OCCUPATIONAL TITLES;

Minister of Ministry of Transport issues Circulars stipulating AND SALARY GRADINGS FOR SPECIALIZED CIVIL SERVANTS IN PORT SERVICES 1. This Circular stipulates the codes, standards of occupational titles, and salary gradings for specialized civil servants in port services. 2. This Circular applies to specialized civil servants in port services at maritime port service units and related organizations and individuals..

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 2. Codes of Occupational Titles for Specialized Civil Servants in Port Services

1. Group of Port Service Officer Occupational Titles:

a) Port Service Officer Grade I Code: V.12.42.01

b) Port Service Officer Grade II Code: V.12.42.02

c) Port Service Officer Grade III Code: V.12.42.03

d) Port Service Officer Grade IV Code: V.12.42.04

2. Group of Maritime Traffic Supervision and Coordination Occupational Titles:

a) Maritime Traffic Supervision and Coordination Grade III Code: V.12.43.03

b) Maritime Traffic Supervision and Coordination Grade IV Code: V.12.43.04

3. Group of Port Service Ship Crew Occupational Titles:

a) Ship Master Code: V.12.44.01

b) Chief Engineer Code: V.12.44.02

c) First Officer Code: V.12.44.03

d) Deck Officer Code: V.12.44.04

đ) Engine Officer Code: V.12.44.05

e) Seaman Code: V.12.44.06

g) Motorman Code: V.12.44.07

1. Adhering to the Party’s guidelines and policies, State laws and regulations.

3. Having a sense of moral cultivation, maintaining professional integrity, honor, and reputation; not abusing work positions or assigned tasks for personal gain; fostering unity, creativity, self-improvement, readiness to absorb new knowledge; having a sense of cooperation, helping colleagues, sharing work experience; actively participating in scientific research topics, technical improvements to develop the profession and enhance competence.

Article 3. General standards for professional ethics

GROUP OF PORT SERVICE OFFICER OCCUPATIONAL TITLES

2. Be honest, objective, and highly responsible for assigned tasks; fulfill all obligations of a civil servant in professional activities.

Article 4. Port Service Officer Grade I - Code: V.12.42.01

Chapter II

OCCUPATIONAL STANDARDS

Section 1

a) Leading the implementation of professional tasks within the jurisdiction of the Port Service Unit according to the law;

b) Leading the study, proposal, and development of policies, orientations, plans, and applications of science and technology within the scope of the Port Service Unit's responsibilities;

1. Duties:

c) Leading the study and development of rules, procedures, and professional materials within the assigned field; compiling professional guidance materials for the Port Service Unit; conducting specialized training, vocational training, disseminating knowledge and management experiences within the scope of the Port Service Unit's functions and responsibilities;

d) Leading the study and development of research topics, projects, and management solutions aimed at improving and perfecting management mechanisms, enhancing the effectiveness of operations of relevant agencies and organizations;

đ) Organizing the dissemination and popularization of specialized legal documents within the assigned field to management objects and organizations, and inspecting the implementation of these regulations;

b) Holding a certificate in accordance with the standards of occupational titles for specialized civil servants in port services.

a) Proficient in the Party’s guidelines and policies, State laws and regulations, strategic planning, and development plans for the maritime industry; understanding economic and social realities;

e) Perform other tasks assigned by competent authorities.

2. Qualifications regarding education and training:

a) Hold a bachelor’s degree or higher in a relevant field that meets the requirements of the position;

b) Familiar with the situation and trends of development in the maritime industry both domestically and internationally; possessing in-depth knowledge about port services; capable of applying and implementing technology within the scope of duties;

3. Qualifications regarding professional expertise and skills:

c) Proficient in administrative state management systems, specialized state management in the maritime sector, and legal provisions regarding civil servant regimes;

d) Capable of proposing and advising on policy formulation and methods to improve or resolve practical issues within the jurisdiction of the Port Service Unit;

đ) Possessing skills in drafting and presenting; effectively handling assigned tasks;

e) Capable of analyzing and synthesizing practical issues, proposing solutions to improve policies and laws in the activities of the Port Service Unit;

g) Possessing basic information technology skills and being able to use foreign languages or ethnic minority languages for civil servants working in ethnic minority regions as required by their job positions.

4. Standards and Conditions for Registering to Take Examinations or Being Considered for Promotion to the Port Service Officer Grade I Occupational Title:

a) Having held the Port Service Officer Grade II occupational title or equivalent for at least six years. In cases of equivalent time, they must have held the Port Service Officer Grade II occupational title for at least one year (twelve months) up to the deadline for submitting examination registration or promotion application forms;

A civil servant is eligible to register for examination or be considered for promotion to the occupational title of Marine Port Inspector Level I when meeting all the criteria and conditions stipulated in Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, employment, and management of civil servants, and the following criteria and conditions:

a) Having served in the position of Maritime Port Officer Level II or equivalent for at least six years. In cases with equivalent time, they must have held the position of Maritime Port Officer Level II for at least one year (twelve months) up to the deadline for submitting registration documents for the examination or promotion;

During the period serving in the position of Maritime Port Officer Level II or equivalent, they must have participated in drafting at least two (two) regulatory legal documents, research topics, projects, initiatives at the ministry level, sectoral level, or provincial level, which have been issued or accepted by the competent authority.

Article 5. Marine Port Inspector Level II - Code: V.12.42.02

1. Duties:

a) Lead or participate in performing specialized tasks within the jurisdiction of the Marine Port Inspection under the provisions of the law;

b) Lead or participate in researching, proposing, building policies, orientations, planning, development applications, and scientific and technological advancements within the scope of the Marine Port Inspection's duties;

c) Lead or participate in drafting regulations, rules, and specialized procedures within the assigned field; compile professional guidance materials for the Marine Port Inspection; conduct specialized training sessions, vocational training, disseminate knowledge and experience within the assigned tasks;

d) Lead or participate in researching, building research topics, projects, and scientific works, management solutions aimed at innovating and perfecting management mechanisms, enhancing effectiveness and efficiency of related agencies and organizations' operations within the scope of the Marine Port Inspection's duties;

đ) Prepare reports, statistics, manage archival files, implement procedural tasks; synthesize, evaluate, and improve management mechanisms and policies within the assigned field;

e) Perform other tasks assigned by competent authorities.

2. Qualifications regarding education and training:

a) Hold a bachelor’s degree or higher in a relevant field that meets the requirements of the position;

b) Familiar with the situation and trends of development in the maritime industry both domestically and internationally; possessing in-depth knowledge about port services; capable of applying and implementing technology within the scope of duties;

3. Qualifications regarding professional expertise and skills:

a) Proficiently understand the Party's guidelines and policies, state laws, strategies, planning, and development plans in the maritime sector;

b) Understand the situation and trends in the maritime sector both domestically and internationally; possess specialized knowledge in marine port inspection; have the ability to apply and deploy technology within the assigned work;

đ) Possessing skills in drafting and presenting; effectively handling assigned tasks;

d) Possess analytical and synthesis skills to propose solutions to complete or resolve practical issues within the Marine Port Inspection's jurisdiction;

đ) Possess the ability to implement tasks ensuring progress, quality, and effectiveness;

e) Possess research and practical summary skills to propose solutions to enhance the quality and effectiveness of work within the assigned industry or field;

a) Having held the Port Service Officer Grade II occupational title or equivalent for at least six years. In cases of equivalent time, they must have held the Port Service Officer Grade II occupational title for at least one year (twelve months) up to the deadline for submitting examination registration or promotion application forms;

A civil servant is eligible to register for examination or be considered for promotion to the occupational title of Marine Port Inspector Level II when meeting all the criteria and conditions stipulated in Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, employment, and management of civil servants, and the following criteria and conditions:

a) Have held the occupational title of Marine Port Inspector Level III or equivalent for at least nine years (excluding probationary and trial periods). In cases with equivalent time, there must be at least one year (twelve months) holding the occupational title of Marine Port Inspector Level III up to the deadline for submitting registration examination or promotion application;

b) During the period holding the occupational title of Marine Port Inspector Level III or equivalent, have participated in building at least one legal normative document, topic, project, initiative at the ministry, department, industry level, or provincial level that has been issued or accepted by the competent authority;

Article 6. Maritime Port Officer Level III - Code: V.12.42.03

1. Duties:

a) Carry out specialized tasks within the management scope of the Maritime Port Service as prescribed by law;

b) Participate in researching and proposing policies, orientations, planning, application of science and technology within the assigned tasks; participate in building specialized mechanisms and regulations in accordance with the provisions of the law, suitable to practical conditions;

c) Promote, guide, and monitor the implementation of regulations on managing and inspecting port activities within the management scope of the Maritime Port Service;

d) Guide, monitor, inspect, and propose measures to ensure that specialized and professional tasks achieve results; directly perform inspection and supervision tasks to ensure compliance with state management regulations at ports and assigned areas;

đ) Participate in inspections, collecting information, statistics, managing, and archiving documents related to the assigned field to serve management work;

e) Summarize practical issues, propose solutions to improve matters related to port management activities;

g) Perform other tasks assigned by competent authorities.

2. Qualifications regarding education and training:

a) Hold a bachelor’s degree or higher in a relevant field that meets the requirements of the position;

b) Familiar with the situation and trends of development in the maritime industry both domestically and internationally; possessing in-depth knowledge about port services; capable of applying and implementing technology within the scope of duties;

3. Qualifications regarding professional expertise and skills:

a) Master the Party's guidelines and policies, state laws, industry and sector regulations, and basic knowledge about the assigned specialized and professional fields;

b) Understand the development trends of the maritime sector; have knowledge about the maritime sector; be able to apply and implement technology within the scope of assigned work;

c) Understand administrative state management systems, specialized state management in the maritime sector, and legal provisions regarding civil servant regimes;

d) Have research, summary, proposal, and improvement methods for management professional tasks; have the ability to implement work ensuring progress, quality, and effectiveness;

đ) Have skills in handling situations, analysis, synthesis, communication, coordination; skills in using office equipment to serve professional work;

e) Possess basic information technology skills and be able to use foreign languages or ethnic minority languages for civil servants working in ethnic minority areas according to job requirements.

A civil servant may register to take the examination or be considered for promotion to the position of Maritime Port Officer Level III when they meet the criteria and conditions stipulated in Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, use, and management of civil servants, and have held the position of Maritime Port Officer Level IV or equivalent for at least three years (excluding probationary and trial periods). In cases where the time is equivalent, they must have held the position of Maritime Port Officer Level IV for at least one year (12 months) up to the deadline for submitting registration applications for the examination or promotion.

Article 7. Maritime Port Officer Level IV - Code: V.12.42.04

1. Duties:

a) Participate, support, and serve the implementation of official activities and tasks based on management regulations and rules of the Maritime Port Service;

b) Perform assigned tasks; compile, analyze, evaluate efficiency, and report promptly according to management requirements and objectives;

c) Identify and propose solutions to adjust deficiencies in the execution of official duties by managed entities, ensuring strict and effective enforcement of systems, policies, and management decisions;

d) Implement file and document management systems; organize comprehensive and accurate statistics and storage of documents and data as required by tasks;

đ) Participate in drafting internal procedures, regulations, and rules;

e) Perform other tasks assigned by competent authorities.

2. Qualifications regarding education and training:

a) Hold a college degree or higher in a relevant field that meets the requirements of the position;

b) Familiar with the situation and trends of development in the maritime industry both domestically and internationally; possessing in-depth knowledge about port services; capable of applying and implementing technology within the scope of duties;

3. Qualifications regarding professional expertise and skills:

a) Understand principles, systems, rules, procedures, and operational guidance and management objectives of the assigned industry and sector;

b) Understand the sequence, procedures, and processes for performing tasks within the assigned scope;

c) Have the ability to carry out assigned tasks according to responsibilities and duties delegated by authorized bodies;

d) Proficiently use office equipment and other tools necessary for task requirements.

Section 2

GROUP OF PROFESSIONAL TITLES FOR MARITIME TRAFFIC SUPERVISION AND COORDINATION

Article 8. Maritime Traffic Supervision and Coordination Level III - Code V.12.43.03

1. Duties:

a) Participate in researching and proposing policies, orientations, planning, development plans, and the application of science and technology within the assigned tasks; participate in establishing specialized mechanisms and regulations in accordance with the provisions of the law, suitable to practical circumstances;

b) Develop specific plans and programs to implement assigned tasks; study and resolve issues within the scope of authority or advise higher authorities to decide on handling specific issues related to the assigned field;

c) Guide, monitor, urge, inspect, and propose measures to implement management regulations or decisions effectively; propose and implement solutions related to maritime navigation of vessels, emergency situations such as vessel accidents, pollution incidents, and other emergencies to ensure maritime safety, security, and environmental protection in shipping lanes and seas under the jurisdiction of the Port Maritime Authority;

d) Inspect, collect information, compile statistics, manage files, and store data on issues related to the assigned field to serve strict, accurate, and principled state management;

đ) Coordinate with relevant units to carry out work within their authority and responsibilities;

e) Perform other tasks assigned by competent authorities.

2. Qualifications regarding education and training:

a) Hold a bachelor’s degree or higher in a relevant field that meets the requirements of the position;

b) Familiar with the situation and trends of development in the maritime industry both domestically and internationally; possessing in-depth knowledge about port services; capable of applying and implementing technology within the scope of duties;

3. Qualifications regarding professional expertise and skills:

a) Master legal regulations, industry policies, basic knowledge about the assigned field; understand the development trends of the maritime sector and the scope of specialized assignments;

b) Have specialized knowledge in maritime traffic supervision and coordination; propose and research scientific applications to enhance the efficiency of professional activities;

c) Understand the procedures for developing plans, decisions, and have knowledge and experience in the maritime field and the assigned scope; possess skills in drafting documents and presenting issues for research and advice;

d) Possess the ability to research, summarize practical experiences, and propose solutions to improve the quality and effectiveness of work in the assigned industry and field;

đ) Have basic computer skills and be able to use foreign languages or ethnic minority languages as required by the position for civil servants working in ethnic minority areas.

A civil servant may register to take the examination or be considered for promotion to the position of Maritime Traffic Supervision and Coordination Level III when meeting the criteria and conditions stipulated in Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, employment, and management of civil servants, and having held the position of Maritime Traffic Supervision and Coordination Level IV or equivalent for at least three years (excluding probationary and trial periods). In cases where the equivalent period is shorter, they must have held the position of Maritime Traffic Supervision and Coordination Level IV for at least one year (12 months) up to the deadline for submitting registration forms for the examination or promotion consideration.

Article 9. Maritime Traffic Supervision and Coordination Level IV - Code V.12.43.04

1. Duties:

a) Participate in establishing specialized mechanisms and regulations in accordance with the law, suitable to practical circumstances; participate in developing regulations and plans to implement assigned tasks;

b) Propose and implement measures to effectively implement management regulations or decisions; implement solutions related to maritime navigation of vessels, emergency situations such as vessel accidents, pollution incidents, and other emergencies to ensure maritime safety, security, and environmental protection in shipping lanes and seas under the jurisdiction of the Port Maritime Authority;

c) Participate in inspecting, collecting information, compiling statistics, managing files, and storing data on maritime issues to serve strict, accurate, and principled state management;

d) Perform other tasks assigned by competent authorities;

2. Qualifications regarding education and training:

a) Hold a college degree or higher in a relevant field that meets the requirements of the position;

b) Familiar with the situation and trends of development in the maritime industry both domestically and internationally; possessing in-depth knowledge about port services; capable of applying and implementing technology within the scope of duties;

3. Qualifications regarding professional expertise and skills:

a) Understand principles, systems, rules, procedures, and operational guidance and management objectives of the assigned industry and sector;

b) Understand the sequence, procedures, and processes for performing tasks within the assigned scope;

c) Have the ability to carry out assigned tasks according to responsibilities and duties delegated by authorized bodies;

d) Proficiently use office equipment and other tools necessary for task requirements.

Section 3

MARITIME PORT SUPERVISOR PROFESSIONAL TITLES GROUP

Article 10. Marine Port Service Crew Member

1. Duties:

The occupational title of Marine Port Service Crew Member shall perform duties according to the crew member's position on watercraft as prescribed and carry out the following tasks:

a) Managing and operating watercraft in accordance with the law;

b) Ensuring that watercraft have all necessary maritime safety, maritime security, and environmental pollution prevention conditions, consistent with professional standards, equipment regulations, hull requirements, reserves, crew members, and other issues related to maritime safety, maritime security, and environmental pollution prevention for the vessel and persons onboard before and during the voyage;

c) Being on duty and ready to perform tasks as required;

d) Cooperating and supporting other occupational titles of the Marine Port Service in implementing responsibilities and tasks as stipulated at the port and managed area.

2. Qualifications regarding education and training:

a) Having the appropriate level of education and certificates of professional capability and vocational qualifications in accordance with the occupational title and type of watercraft as prescribed;

b) Familiar with the situation and trends of development in the maritime industry both domestically and internationally; possessing in-depth knowledge about port services; capable of applying and implementing technology within the scope of duties;

3. Qualifications regarding professional expertise and skills:

The occupational title of Marine Port Service Crew Member working on watercraft must meet the following criteria:

a) Mastering the Party's guidelines and policies, state policies and laws, international regulations relevant to the assigned industry and field; civil servant system and specialized knowledge and skills within the assigned field;

b) Understanding the objectives and subjects of activities in the maritime transport sector; being familiar with the characteristics of watercraft; mastering the operational procedures for managing, operating, and utilizing watercraft;

c) Possessing the ability to analyze, synthesize, handle situations, communicate, coordinate activities, work independently, and collaborate in teams.

Chapter III

SALARY GRADING FOR PROFESSIONAL OCCUPATIONAL TITLES OF MARINE PORT SERVICE CIVIL SERVANTS

Article 11. Principles for Salary Grading of Professional Occupational Titles of Marine Port Service Civil Servants

1. The appointment and salary grading of professional occupational titles of Marine Port Service civil servants must be based on the job position, professional and vocational responsibilities currently held and meeting all prescribed standards as set forth in this Circular.

2. When transferring to a corresponding professional occupational title of Marine Port Service civil servant, it shall not combine with salary grade advancement or promotion of the professional occupational title of civil servant.

Article 12. Salary Grading for Professional Occupational Titles of Marine Port Service Civil Servants

1. From the date this Circular takes effect, in cases where civil servants do not yet meet the criteria and conditions for appointment to the professional occupational title of Marine Port Service civil servant as prescribed in Articles 4, 5, 6, 7, 8, 9, and 10 of this Circular, the following measures shall be implemented:

a) If the civil servant has less than five years (60 months) until retirement, they will continue to hold their current rank or grade of professional occupational title of civil servant and be graded according to the current salary scale;

b) If the civil servant has five years (60 months) or more until retirement, within three years (36 months), the employing agency shall be responsible for arranging training for the civil servant to ensure they meet the criteria for the grade of professional occupational title of Marine Port Service civil servant as prescribed in this Circular. After the period specified in this point, if the civil servant does not meet the criteria as prescribed in this Circular, the head of the public institution shall consider assigning alternative suitable work or resolving policy benefits according to regulations.

2. The group of professional occupational titles of Marine Port Service Officers prescribed in this Circular shall apply the Specialized Vocational Pay Scale for State-Owned Public Institution Staff (Table 3) issued together with Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, staff, and armed forces personnel, as follows:

a) The professional occupational title of Marine Port Service Officer Grade I shall apply the salary coefficient of civil servant type A3, group 1 (A3.1) from salary coefficient 6.20 to salary coefficient 8.00.

b) The professional occupational title of Marine Port Service Officer Grade II shall apply the salary coefficient of civil servant type A2, group 1 (A2.1) from salary coefficient 4.40 to salary coefficient 6.78.

c) The professional occupational title of Marine Port Service Officer Grade III shall apply the salary coefficient of civil servant type A1 from salary coefficient 2.34 to salary coefficient 4.98.

d) The professional occupational title of Marine Port Service Officer Grade IV shall apply the salary coefficient of civil servant type A0 from salary coefficient 2.10 to salary coefficient 4.89.

3. The transfer of salary grading for civil servants belonging to the group of professional occupational titles of Marine Port Service Officers currently holding civil servant ranks and grades to the professional occupational titles of Marine Port Service Officers as prescribed in this Circular shall be carried out according to the guidance provided in Clause 2, Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Minister of Home Affairs on salary grading when advancing, transferring ranks, and changing types of civil servants, specifically as follows:

a) Grading the professional occupational title of Marine Port Service Officer Grade I, code V.12.42.01 for civil servants currently holding type A3, group 1 (A3.1).

b) Grading the professional occupational title of Marine Port Service Officer Grade II, code V.12.42.02 for civil servants currently holding type A2, group 1 (A2.1).

c) Grading the professional occupational title of Marine Port Service Officer Grade III, code V.12.42.03 for civil servants currently holding type A1.

d) Grading the professional occupational title of Marine Port Service Officer Grade IV, code V.12.42.04 for civil servants currently holding type A0.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular takes effect from March 1, 2023.

2. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.

Article 14. Implementation Organization

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