Decision No. 52/2005/QĐ-BGTVT On the standards for training, issuing, and revoking certificates of professional competence for marine pilots and certificates of pilotage areas for marine pilots

Pursuant to …;

Regarding the training standards, issuance, and revocation of certificates for maritime pilots' professional competence and areas of operation

1. This Decision stipulates the training standards, issuance, and revocation of the certificate of maritime pilot professional competence (hereinafter referred to as the Certificate of Professional Competence for Maritime Pilot, abbreviated as GCN KNCM HTHH) and the Certificate of Areas of Operation for Maritime Pilot (abbreviated as GCN VHĐ HTHH).

THE MINISTER OF TRANSPORTATION

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Vietnam Maritime Administration,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. This Decision applies to maritime pilots, maritime pilot organizations, and agencies, organizations, and individuals related to the training, issuance, and revocation of the Certificate of Professional Competence for Maritime Pilot and the Certificate of Areas of Operation for Maritime Pilot.

Article 2. Certificate of Professional Competence for Maritime Pilot and Certificate of Areas of Operation for Maritime Pilot

1. The GCN KNCM HTHH is a certificate issued to maritime pilots who meet the provisions set out in Chapter II of this Decision. A maritime pilot holding a GCN KNCM HTHH of a certain grade may only be permitted to guide vessels within the limits of that grade.

2. The GCN VHĐ HTHH is a certificate issued to maritime pilots, specifying the operational areas where maritime pilots are permitted to practice their profession. A maritime pilot may only be permitted to guide vessels in the maritime pilotage area recorded in the GCN VHĐ HTHH.

3. The templates for the GCN KNCM HTHH and GCN VHĐ HTHH are specified in Appendices 1 and 2 attached to this Decision.

Article 3. Grades of Maritime Pilots 1. Grade Three Maritime Pilot:

A Grade Three Maritime Pilot is permitted to guide vessels with a total gross tonnage under 4,000 GT or a maximum length up to 115 meters.

2. Grade Two Maritime Pilot:

A Grade Two Maritime Pilot is permitted to guide vessels with a total gross tonnage under 10,000 GT or a maximum length up to 145 meters.

3. Grade One Maritime Pilot:

A Grade One Maritime Pilot is permitted to guide vessels with a total gross tonnage under 20,000 GT or a maximum length up to 175 meters.

4. Elite Grade Maritime Pilot:

An Elite Grade Maritime Pilot is permitted to guide all types of vessels.

TRAINING, TESTING, ISSUANCE OF CERTIFICATES FOR MARITIME PILOTS' PROFESSIONAL COMPETENCE AND AREAS OF OPERATION

Article 4. Training Program for Maritime Pilots

Chapter II

The training program for maritime pilots includes:

a) The basic training program for maritime pilots is the training program applicable to those undergoing apprenticeship as Grade Three maritime pilots;

1. b) The advanced training program for maritime pilots is the training program applied to upgrade from Grade Two to Grade One;

c) Implementation of upgrading grades from Grade Three to Grade Two and from Grade One to Elite Grade.

2. The training program for maritime pilots must ensure compliance with the contents of Resolution A.960 (23) of the International Maritime Organization and the practical conditions of maritime pilots in Vietnam. The training program for maritime pilots includes the following contents:

a) Vietnamese laws and international conventions related to maritime safety, maritime security, and prevention of environmental pollution;

b) Maritime pilot operations;

c) Skills in maneuvering vessels;

d) Compulsory maritime pilotage areas of Vietnam;

e) Professional English for maritime pilots.

d) The mandatory maritime pilotage zone of Vietnam;

đ) Professional maritime pilotage English.

Article 5. Maritime Pilot Training Institutions

1. Maritime pilot training institutions (hereinafter referred to as training institutions) are universities that offer specialized maritime vessel control programs.

2. The tasks and authorities of training institutions:

a) Organize admissions and training according to the maritime pilot training program approved by the Ministry of Transport;

b) Research and improve teaching methods, enhance training quality; propose to competent authorities to amend and supplement the maritime pilot training program to be appropriate;

c) Collect and use tuition fees in accordance with regulations.

Article 6. Organization of Maritime Pilot Training

Annually, based on planning and training needs for maritime pilots, the Vietnam Maritime Administration assigns training quotas, organizes examinations, and issues graduation certificates.

Article 7. Examination Board for Maritime Pilots

1. The Director of the Vietnam Maritime Administration decides to establish the Examination Board for Maritime Pilots.

2. The Examination Board for Maritime Pilots consists of from five to seven members, including: the Chairman of the Board being the leader of the Vietnam Maritime Administration, members representing the Personnel Department (Ministry of Transport) and leaders of relevant functional departments of the Vietnam Maritime Administration, pilot organizations, and training institutions.

3. The Examination Board for Maritime Pilots is responsible for organizing final examinations for basic and advanced maritime pilot training courses.

4. The Examination Board for Maritime Pilots has the following tasks:

a) Review the list of candidates according to the conditions stipulated in Chapter II of this Decision;

b) Advise the Director of the Vietnam Maritime Administration on establishing question banks for each category of maritime pilot and maritime pilot region; propose adjustments and updates to questions to better reflect reality;

c) Direct and monitor examination sessions;

d) Handle incidents occurring during examination sessions (if any);

đ) Establish the Examination Committee for final examinations of basic and advanced maritime pilot training courses (hereinafter referred to as the Examination Committee for final examinations);

e) Consider upgrading maritime pilots;

g) Compile examination results, report to the Director of the Vietnam Maritime Administration for review and recognition of graduates from the training course and issuance of the Certificate of Competency for Basic Maritime Pilot and the Certificate of Advanced Maritime Pilot;

h) Compile feedback from training institutions, students, and pilot organizations regarding the organization, curriculum, and procedures for training various categories of maritime pilots, and report to the Director of the Vietnam Maritime Administration.

Article 8. Examination Committee for Final Examinations

1. The Examination Committee for Final Examinations consists of from three to five members, meeting one of the following professional standards:

a) Being an outstanding maritime pilot with at least three years of experience as an outstanding maritime pilot;

b) Being a ship captain of vessels with a total gross tonnage of 3,000 GT or more, with at least three years of experience in the corresponding position;

c) Being reputable experts in maritime professions and business.

2. The Examination Committee for Final Examinations has the following tasks:

a) Organize questioning, grading, and compiling examination result reports as prescribed;

b) Recommend the Examination Board for Maritime Pilots to promptly correct errors in the examination questions;

c) Handle violations of examination rules within their authority and report to the Examination Board for Maritime Pilots.

Article 9. Conditions for Enrolling in Maritime Pilot Training Courses

1. Students enrolling in basic maritime pilot training courses must meet the following conditions:

a) Graduating from a maritime university's specialized maritime vessel control program at the college level or higher; completing supplementary courses in subjects not covered upon graduating from other maritime universities' specialized maritime vessel control programs;

b) Meet health standards as prescribed;

c) Completing an English language program at the B-level or higher;

d) Completing a radar operations training course.

2. Students enrolling in advanced maritime pilot training courses must meet the following conditions:

a) Graduating from a maritime university's specialized maritime vessel control program at the bachelor's level or higher;

b) Meet health standards as prescribed;

c) Completing an English language program at the C-level or higher (exempted for those over 50 years old as of December 31, 2005);

d) Completing an ARPA operations training course;

đ) Holding a Certificate of Competency for Second-Class Maritime Pilot;

e) Independently guiding ships safely for at least 200 trips as a Second-Class Maritime Pilot or having at least 24 months of experience in performing the duties of a Second-Class Maritime Pilot.

Article 10. Recognition of Examination Results and Issuance of Certificates of Competency for Marine Pilots and Certificates of Proficiency for Marine Pilots

Clause 1. Candidates who meet all examination requirements in all subjects (scoring 5 or higher on a scale of 10) shall be recognized as having completed the basic marine pilot training course or the advanced marine pilot training course.

In cases where candidates only meet the requirements in half of the subjects, the results of these subjects will be retained for one year.

Clause 2. The Director of the Vietnam Maritime Administration decides to recognize completion of the basic marine pilot training course or the advanced marine pilot training course based on the recommendation of the Chairman of the Marine Pilot Examination Board.

Clause 3. The Director of the Vietnam Maritime Administration decides to issue Certificates of Competency for Marine Pilots and Certificates of Proficiency for Marine Pilots based on the recommendation of the Chairman of the Marine Pilot Examination Board.

Article 11. Conditions for Issuance of Certificate of Competency for Marine Pilots

To be issued a Certificate of Competency for Marine Pilots, marine pilots must satisfy the following conditions:

1. Certificate of Competency for Marine Pilots Class Three:

7. Supplementing Clause 3a after Clause 3 of Article 11 as follows:

b) Having completed practical training as a Class Three marine pilot under the guidance of a marine pilot with a Certificate of Competency for Marine Pilots, with at least 300 safe vessel leads or at least 36 months with a minimum of 150 safe vessel leads, confirmed by the pilot organization providing the training and the Port Maritime Office in the relevant area.

2. Certificate of Competency for Marine Pilots Class Two:

a) For marine pilots already holding a Certificate of Competency for Marine Pilots Class Three:

- Having independently led at least 200 safe vessel leads as a Class Three marine pilot or having satisfactorily performed the duties of a Class Three marine pilot for at least 24 months with a minimum of 100 safe vessel leads, confirmed by the pilot organization providing the training and the Port Maritime Office in the relevant area;

- Having completed at least 30 safe vessel leads of ships with a total gross tonnage of 4,000 GT or more as a Class Two trainee marine pilot or having completed at least 12 months of practical training as a Class Two marine pilot with a minimum of 15 safe vessel leads, confirmed by the pilot organization providing the training and the Port Maritime Office in the relevant area.

b) For individuals holding a Certificate of Professional Competence for Ship Masters of ships with a total gross tonnage of 3,000 GT or more and having served as a ship master for at least 36 months, they may be considered for issuance of a Certificate of Competency for Marine Pilots Class Two, provided that they meet the following conditions:

- Having completed the basic marine pilot training course;

- Having completed at least 150 safe vessel leads of ships with a total gross tonnage of 4,000 GT or more as a Class Two trainee marine pilot or having completed at least 12 months of practical training as a Class Two marine pilot with a minimum of 75 safe vessel leads, confirmed by the pilot organization providing the training and the Port Maritime Office in the relevant area.

3. Certificate of Competency for Marine Pilots Class One:

a) Having completed the advanced marine pilot training course;

b) Having completed at least 30 safe vessel leads of ships with a total gross tonnage of 10,000 GT or more or having completed at least six months of practical training as a Class One marine pilot trainee with a minimum of 15 safe vessel leads under the guidance of a marine pilot with a Certificate of Competency for Marine Pilots from Class One or above, confirmed by the pilot organization providing the training and the Port Maritime Office in the relevant area.

4. Certificate of Competency for Marine Pilots Extra Class:

a) Holding a Certificate of Competency for Marine Pilots Class One;

b) Having independently led at least 300 safe vessel leads as a Class One marine pilot or having satisfactorily performed the duties of a Class One marine pilot for at least 36 months with a minimum of 150 safe vessel leads, confirmed by the pilot organization providing the training and the Port Maritime Office in the relevant area;

c) Having completed at least 30 safe vessel leads of ships with a total gross tonnage of 20,000 GT or more or six months with a minimum of 15 safe vessel leads as an Extra Class marine pilot trainee under the guidance of a marine pilot with an Extra Class Certificate of Competency for Marine Pilots, confirmed by the pilot organization providing the training and the Port Maritime Office in the relevant area.

Article 12. Principles and Conditions for Issuing the Vessel Handling Certificate (VHC)

1. Principles for Issuing the VHC:

a) The VHC has the same validity period as the Competence Certificate (CC) and is only issued until the pilot reaches the age of 60;

b) A maritime pilot who has completed safe navigation training in a specific pilotage area shall be issued the VHC in that area.

2. Conditions for Issuing the VHC:

a) Meeting the conditions for issuing the CC;

b) In cases where a pilot transfers to another area, they must complete at least six months of safe navigation training in the new area and obtain confirmation from the Port Maritime Authority in that region;

c) There must be a written request from the head of the maritime pilot organization in the transferring area.

Article 13. Extension, Replacement, and Reissue of the CC and VHC

1. The CC has a validity period of five years from the date of issuance and is only issued until the pilot reaches the age of 60.

2. The CC and VHC may be extended or reissued when the maritime pilot meets the following conditions:

a) Having a health certificate as prescribed;

b) Having held a position corresponding to the CC for a total of at least 24 months within five years. If less than 24 months, they must undergo additional training for at least three months.

3. The CC and VHC can be replaced or reissued under the following circumstances:

a) Lost;

b) Damaged.

The replacement or reissue of the CC and VHC must have the same content as the lost or damaged CC and VHC and have the same remaining validity period.

Article 14. Documents for Participating in Training Courses for Issuance of the CC and VHC

1. Documents for participating in basic maritime pilot training courses include the following:

a) Application form;

b) Graduation certificate from a college level or higher in a relevant field;

c) Completion certificates for supplementary subjects for those graduating from non-maritime institutions in marine vessel control;

d) English proficiency certificate at level B or higher;

đ) Health certificate;

e) Radar operation training certificate;

g) Curriculum vitae with confirmation from the managing unit;

2. Documents for participating in advanced maritime pilot training courses include the following:

a) Application form;

b) Graduation certificate from a university level or higher in a relevant field;

c) Completion certificates for supplementary subjects for those graduating from non-maritime institutions in marine vessel control;

d) Second Class CC;

đ) English proficiency certificate at level C or higher;

e) Health certificate;

g) ARPA operation training certificate;

h) Curriculum vitae with confirmation from the managing unit;

i) Confirmation of at least 200 safe navigation trips as a Second Class maritime pilot or having served in that capacity for at least 24 months;

k) Request letter from the managing unit;

3. Documents for requesting issuance of the CC and VHC include the following:

a) Request letter and list from the head of the maritime pilot organization specifying the pilot's operational area, with confirmation from the Port Maritime Authority regarding their safe navigation record;

b) Three examination forms for Third Class maritime pilots. Two forms for Second Class, First Class, and Extra Class pilots;

c) List of safe navigation training periods or number of trips with confirmation from the training guidance unit;

d) Three 3x4 photos taken within the last six months (with name, date of birth, and place of birth clearly marked on the back);

4. Documents for requesting issuance of the VHC for pilots transferring areas include the following:

a) CC;

b) Request letter from the head of the maritime pilot organization specifying the requested VHC area;

c) Confirmation of at least six months of safe navigation training in the transferred-to area from the Port Maritime Authority;

d) Three 3x4 photos taken within the last six months (with name, date of birth, and place of birth clearly marked on the back);

5. Documents for requesting extension, replacement, or reissue of the CC and VHC include:

a) Application for extension, replacement, or reissue of the CC and VHC stating the reasons and confirmed by the head of the maritime pilot organization or competent authority;

b) The CC and VHC needing extension or replacement;

c) Three 3x4 photos taken within the last six months (with name, date of birth, and place of birth clearly marked on the back).

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Responsibilities of the Vietnam Maritime Administration

1. To take the lead in compiling the Seafarer Pilot Training Program to submit to the Ministry of Transport for approval.

2. To establish and issue basic training standards for seafarer pilots.

3. To manage and guide the issuance, renewal, and revocation of the Certificate of Competency for Seafarer Pilots and the Certificate of Seafarer Pilot Training.

4. To inspect and issue licenses for seafarer pilot training institutions every five years.

Only training institutions with valid seafarer pilot training licenses may conduct seafarer pilot training. Training institutions that no longer meet the required conditions and standards for seafarer pilot training will be suspended from conducting such training or have their licenses revoked.

5. To implement other provisions of this Decision.

Article 16. Effective Date

1. This Decision shall take effect from January 1, 2006, and replace Decision No. 750/2000/QĐ-BGTVT dated March 30, 2000, issued by the Minister of Transport on regulations for the training, upgrading, examination, and issuance of certificates for seafarer pilots.

2. Certificates of competency for seafarer pilots issued under Decision No. 750/2000/QĐ-BGTVT dated March 30, 2000, by the Minister of Transport shall continue to be valid until their expiration date.

Article 17. Implementation Organization

The Director of the Office, Heads of Departments, Inspector General of the Ministry, Director of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Decision./.