Circular No. 51/2017/TT-BGTVT on marine vessel surveyors and technical staff in surveying work

CIRCULAR
activities of calibration, verification, testing marine vessel surveyors and technical staff for marine vessel surveys

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Pursuant to the Vietnam Maritime Code dated November 25, 2015;

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

Pursuant to the Law on Implementation of IMO Instruments based on Resolution A.1070(28) and the Law on Recognized Organizations based on Resolutions MSC.349(92) and MEPC.237(65) of the International Maritime Organization (IMO);

The Minister of Transport issues this Circular stipulating the standards for Railway Inspection Officers and requirements for the material and technical facilities of railway inspection organizations.

The Minister of Transport issues this Circular stipulating the regulations concerning marine vessel surveyors and technical staff for marine vessel surveys.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular sets forth the standards, responsibilities, authorities, and tasks of marine vessel surveyors and technical staff for marine vessel surveys.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to marine vessel survey activities; offshore facilities for exploration, exploitation, and transportation of oil and gas; and industrial products used for marine vessels and offshore facilities.

Article 3. Explanation of Terms

1. Marine vessel surveyor is a person recognized and issued a marine vessel surveyor card to perform marine vessel survey work, offshore facility survey work, and industrial product survey work in accordance with the provisions of the law and relevant international treaties. Marine vessel surveyors include:

a) Marine vessel surveyors performing design review work;

b) Marine vessel surveyors performing inspection work;

c) Marine vessel surveyors performing assessment work.

2. Technical staff for marine vessel surveys (hereinafter referred to as technical staff) are persons responsible for receiving tasks, storing, issuing files, seals used in marine vessel survey work, and performing other tasks to support marine vessel survey activities.

Article 4. Categories of Marine Vessel Surveyors

Marine vessel surveyors are divided into two categories as follows:

1. Marine vessel surveyor.

2. Senior marine vessel surveyor.

Chapter II
RESPONSIBILITIES AND AUTHORITIES OF MARINE VESSEL SURVEYORS AND TECHNICAL STAFF FOR MARINE VESSEL SURVEYS
AND STAFF INVOLVED IN REGISTRATION OF SEAGOING VESSELS

Article 5. Responsibilities of Marine Vessel Surveyors

Marine vessel surveyors are responsible for conducting marine vessel surveys, offshore facility surveys (hereinafter referred to as vessels), and industrial product surveys in accordance with the contents recorded in their surveyor certification, the functions and tasks of the survey organization, and the provisions of the law.

Article 6. Authorities of Marine Vessel Surveyors

1. Requesting the owner of the vessel or the design, manufacturing, construction, conversion, restoration, repair, maintenance, testing, and management facility of the vessel, industrial product to provide technical documents and create necessary conditions for the conduct of survey work, ensuring safety during the execution of duties.

2. Retaining and reporting to the immediate superior authority when their opinion differs from the decision of the unit head regarding the evaluation conclusion on the technical condition, compliance of the subject under review, inspection, and assessment.

3. Signing and using seals, stamps when establishing survey files for the subjects under review, inspection, and assessment in accordance with the regulations.

4. Refusing to perform reviews, inspections, and assessments if the assigned work exceeds their recognized professional capacity, or when they observe that the working conditions at the site do not ensure safety.

Article 7. Responsibilities and Authorities of Professional Staff

1. Responsibilities: Fulfill assigned tasks in accordance with the functions and responsibilities of the inspection agency and unit and the provisions of the law.

2. Authorities: Retain their opinions and report to their direct superiors when their opinions differ from those of the unit's leadership.

Chapter III
STANDARDS AND TASKS OF MARINE VESSEL INSPECTORS

Article 8. Marine Vessel Inspectors

1. Standards for Marine Vessel Inspectors

b) Completed new, supplementary, and updated training courses for marine vessel inspectors on inspection procedures for means and industrial products, and system management assessment organized by the Vietnam Marine Inspection Agency or foreign inspection agencies that have signed agreements with the Vietnam Marine Inspection Agency.

2. Additional Standards for Inspectors Conducting Assessment Work

In addition to the provisions of Clause 1 of this Article, marine vessel inspectors conducting assessment work must have at least five years of experience in technical or marine vessel operation fields before recognition and complete the following assessment internships:

a) For marine vessel inspectors conducting safety management assessment work under the International Safety Management Code (ISM Code): At least four safety management assessments, including at least one company safety management assessment and one vessel safety management assessment.

b) For marine vessel inspectors conducting maritime security assessment work under the International Ship and Port Facility Security Code (ISPS Code): At least three maritime security assessments and one audit of the Ship Security Plan (SSP).

c) For marine vessel inspectors conducting maritime labor management assessment work under the Maritime Labor Convention (MLC): At least three maritime labor management assessments and one audit of Part II of the Declaration of Maritime Labor Compliance (DMLC II).

3. Tasks of Marine Vessel Inspectors Conducting Design Review Work

a) Approve marine vessel guidance documents;

b) Review, establish inspection files related to design during new construction, conversion, repair, and manufacturing of industrial products according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

c) Calculate various types of inspection fees and charges;

d) Participate in marine accident investigations.

4. Tasks of Marine Vessel Inspectors Conducting Inspection Work

a) Inspect the quality of technical safety, environmental pollution prevention, and classification of means during new construction, conversion, restoration, repair, and operation according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

b) Inspect and certify the quality of technical safety and environmental pollution prevention for containers, machines, materials, equipment used for marine vessels, marine works, inland waterway vessels during manufacture, assembly, import, new construction, conversion, restoration, and repair according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

c) Inspect and assess the qualifications of facilities for new construction, conversion, and repair of marine vessels according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

đ) Inspect and assess the capabilities of testing facilities providing inspection services, testing safety equipment, and manufacturing facilities related to the quality of technical safety and environmental pollution prevention for marine vessels according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

e) Assess practical welding skills to issue welding certificates;

f) Inspect the technical condition of marine vessels for sale, purchase, or leasing when requested;

g) Establish inspection files for the subjects mentioned in Points a, b, c, d, đ, e of this Clause;

h) Calculate various types of inspection fees and charges;

i) Participate in marine accident investigations.

5. Tasks of Marine Vessel Inspectors Conducting Evaluation Work

a) Approve documents, files, and evaluate safety, security, and maritime labor management systems;

b) Establish inspection files related to evaluations according to regulations;

c) Calculate various types of inspection fees and charges.

d) Participate in marine accident investigations.

Article 9. Senior Marine Inspector

1. Standards for Senior Marine Inspectors

In addition to meeting the requirements set out in Clause 1, Article 8 of this Circular for marine inspectors, senior marine inspectors must also meet the following requirements:

a) Completion of a training program for senior marine inspectors on inspection procedures and industrial product quality control, as well as system management assessment organized by the Vietnam Maritime Administration or foreign inspection organizations that have signed agreements with the Vietnam Maritime Administration.

c) Meeting the requirements in the pre-recognition inspection inspector evaluation period and annual evaluations.

d) Having held the rank of marine inspector for a total of five years.

2. Duties of Senior Marine Inspectors

In addition to the duties performed by marine inspectors in conducting inspections, design reviews, and assessments, senior marine inspectors shall also perform the following tasks:

a) Advising unit leaders on professional and operational issues when requested.

b) Leading scientific research projects, drafting regulatory texts, standards, technical regulations, and inspection procedure guidelines.

c) Participating in the development of strategies, planning, and long-term, five-year, and annual plans regarding inspection activities for vessels and industrial products.

d) Participating in training sessions, providing guidance on inspection procedures, and evaluating senior inspectors as assigned by unit leadership.

Chapter IV
STANDARDS AND DUTIES OF PROFESSIONAL STAFF

Article 10. Standards for Professional Staff

1. Graduation from a college level or higher.

2. Completion of the professional staff training program organized by the Vietnam Maritime Administration.

3. Meeting the basic information technology skills standard as prescribed by law.

Article 11. Duties of Professional Staff

Professional staff shall perform the following tasks as assigned by unit leadership:

1. Receiving work requests.

2. Issuing inspection files according to the regulations of the Vietnam Maritime Administration.

3. Recording inspection files and management ledgers to support inspection activities.

4. Statistics and reporting.

5. Receiving, managing, and storing inspection files and seals to support inspection activities.

Chapter V
TRAINING, EVALUATION, AND RECOGNITION OF MARINE INSPECTORS
Article 12. Training Programs for Marine Inspectors

1. The Vietnam Maritime Administration shall issue and implement training programs for marine inspectors.

2. The training program for marine inspectors includes the following main contents:

a) Legal provisions of Vietnam and international treaties related to inspection activities.

c) Functions and operations of the International Maritime Organization (IMO), the International Association of Classification Societies (IACS), the Asian Classification Societies (ACS), maritime authorities, and maritime industry organizations.

b) Functions, duties, authorities, organizational structure, and activities of the Vietnam Inspection Agency;

d) Inspection procedures and guidelines related to assigned tasks.

đ) Quality management systems according to ISO standards, basic knowledge about vessel operation and offshore structures.

d) Quality management system according to ISO standards, basic knowledge on the operation and exploitation of seagoing vessels, marine structures.

Article 13. Evaluation, Recognition, and Re-recognition of Ship Surveyors

2. The Director of the Vietnam Maritime Administration:

a) Issues the evaluation procedures for recognizing and re-recognizing ship surveyors;

b) Decides on the establishment of the Recognition Board for Ship Surveyors to carry out the evaluation of ship surveyors;

c) Issues certificates and cards for ship surveyors based on the assessment results of the Recognition Board for Ship Surveyors.

Article 14. Certificate and Card for Ship Surveyors

2. The card for ship surveyors has a validity period of five years according to Model No. 02 stipulated in the Appendix attached to this Circular.

Article 15. Revocation of Certificates and Cards for Ship Surveyors

1. A ship surveyor's certificate and card will be revoked in any of the following cases:

b) Violation of current regulations when performing official duties at a level subject to disciplinary action from a warning or higher;

c) Not being assigned ship surveying tasks by the head of the agency or unit.

2. The Director of the Vietnam Maritime Administration is responsible for revoking the certificates and cards of ship surveyors in the cases specified in Clause 1 of this Article.

Chapter VI
IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from March 1, 2018.

2. Abolish Circular No. 65/2011/TT-BGTVT dated December 27, 2011, issued by the Minister of Transport regarding ship surveyors.

Article 17. Transitional Provisions

1. Categories of ship surveyors recognized under Circular No. 65/2011/TT-BGTVT dated December 27, 2011, issued by the Minister of Transport shall continue to maintain their categories until the expiration date of their certificates and cards and are exempted from language standards when re-recognized according to this Circular.

2. Professional staff currently working in survey units must meet the standards set forth in this Circular from March 1, 2021.

Article 18. Responsibility for Implementation

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, the Director of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.