Circular No. 54/2013/TT-BGTVT on officers inspecting seagoing vessels

CIRCULAR

Regulations on Marine Vessel Inspectors

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

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Resolution A.1052 (27) of the International Maritime Organization on the Port State Control Procedures 2011;

At the proposal of the Director of the Vietnam Maritime Administration and the Head of the Legal Department;

The Minister of Transport issues this Circular on the standards for marine vessel inspectors, including training, examination, issuance, renewal, and revocation of inspector identification cards.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the standards for marine vessel inspectors (including Vietnamese Marine Vessel Inspectors and State Port Marine Vessel Inspectors), training, examination, issuance, renewal, and revocation of inspector identification cards.

Article 2. Applicability

Port State Control Inspectors are civil servants or employees of the Vietnam Maritime Administration holding a Port State Control Inspector Card to conduct inspections of maritime safety conditions, maritime security, pollution prevention, and seafarer labor conditions on Vietnamese and foreign-flagged vessels moored or anchored in Vietnamese port waters.

Article 3. Explanation of Terms

1. Vietnamese Marine Vessel Inspector is a civil servant or employee of the Vietnam Maritime Administration who holds a Vietnamese Marine Vessel Inspector Card to conduct inspections of maritime safety conditions, maritime security conditions, environmental pollution prevention, and maritime labor conditions on Vietnamese-flagged vessels.

2. State Port Marine Vessel Inspector is a civil servant or employee of the Vietnam Maritime Administration who holds a State Port Marine Vessel Inspector Card to conduct inspections of maritime safety conditions, maritime security conditions, environmental pollution prevention, and maritime labor conditions on Vietnamese and foreign vessels moored or anchored in Vietnamese port waters.

Article 4. Powers of Marine Vessel Inspectors

1. Inspect compliance with international treaties to which Vietnam is a party and relevant Vietnamese laws concerning maritime safety, maritime security, environmental pollution prevention, and maritime labor conditions; request ship owners and captains to provide necessary documents and create conditions on board the vessel to facilitate inspection work.

2. Reserve and report to the Vietnam Maritime Administration any opinions differing from the conclusions of the Harbor Master regarding the maritime safety, maritime security, environmental pollution prevention, and maritime labor conditions of inspected vessels.

Clause 3. Refuse to inspect vessels if the working conditions are not guaranteed.

Article 5. Responsibilities of Marine Vessel Inspectors

Clause 1. When conducting inspections, present the Marine Vessel Inspector Card to the watchkeeping crew.

Clause 2. Conduct vessel inspections objectively, in accordance with the law, and without personal gain; any abuse of power or intentional violation will be dealt with according to the law.

Chapter II

STANDARDS FOR MARINE VESSEL INSPECTORS

Article 6. Standards for Vietnamese Marine Inspector Officers

1. Knowledge requirements:

a) Legal provisions of Vietnam and international treaties to which Vietnam is a party concerning maritime safety, maritime security, prevention of environmental pollution, and maritime labor conditions;

b) Functions, tasks, authorities, organizational structure, and operations of the Vietnam Maritime Administration and Port Maritime Services.

2. Qualification requirements:

a) Graduation from one of the following majors: marine vessel control, marine vessel machinery, marine electrical and radio communication, marine vessel design at the bachelor's degree level or higher;

d) Office computer skills;

đ) Completion of training courses on marine vessel inspection business organized by the Vietnam Maritime Administration or foreign organizations;

e) Meeting the requirements in examinations organized by the Vietnam Maritime Administration;

3. Possess good moral character and sufficient health to perform assigned duties.

Article 7. Standards for State Marine Port Inspector Officers

1. Knowledge requirements:

a) Legal provisions of Vietnam and international treaties to which Vietnam is a party concerning maritime safety, maritime security, prevention of environmental pollution, and maritime labor conditions;

b) Functions, tasks, authorities, organizational structure, and operations of the Vietnam Maritime Administration and Port Maritime Services;

c) Functions and activities of the International Maritime Organization and state marine port inspection organizations.

2. Qualification requirements:

a) Graduation from one of the following majors: marine vessel control, marine vessel machinery, marine electrical and radio communication, marine vessel design at the bachelor's degree level or higher;

d) Office computer skills;

đ) Completion of training courses on marine vessel inspection business organized by the Vietnam Maritime Administration or sent abroad for training;

e) Meeting the requirements in examinations organized by the Vietnam Maritime Administration;

3. Possess good moral character and sufficient health to perform assigned duties.

Chapter III

TRAINING, EXAMINATION, ISSUANCE, RENEWAL, AND REVOCATION OF MARINE VESSEL INSPECTOR CARDS

Article 8. Training and Internship for Marine Inspector Officers

1. The Vietnam Maritime Administration shall issue a training program for marine vessel inspectors and organize annual training sessions for Vietnamese Marine Vessel Inspectors and State Port Marine Vessel Inspectors.

2. The training program for Marine Inspector Officers includes the following main contents:

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

b) Marine vessel inspection procedures;

c) Marine vessel inspection processes.

3. Marine vessel inspectors shall undergo practical training on Vietnamese and foreign vessels moored or anchored in Vietnamese port waters under the guidance of competent and experienced State Port Marine Vessel Inspectors assigned by the Harbor Master.

Article 9. Examination Board for Marine Vessel Inspectors

1. The Director of the Vietnam Maritime Administration shall organize the examination for Marine Vessel Inspectors and decide to establish the Examination Board for Marine Vessel Inspectors (hereinafter referred to as the Board).

2. The Board shall consist of from three to five members, including: the Chairman of the Board being the Leader of the Vietnam Maritime Administration, and the other members being representatives of relevant functional departments of the Vietnam Maritime Administration.

4. The Board shall have the following duties and powers:

b) Advise the Director of the Vietnam Maritime Administration on establishing a question bank; propose timely adjustments, modifications, and supplements to the 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 Marine Vessel Inspectors (hereinafter referred to as the Committee);

e) Compile examination results and report to the Director of the Vietnam Maritime Administration for recognition.

Article 10. Examination Committee for Marine Vessel Inspectors

1. The Committee shall consist of from three to five members, meeting one of the following criteria:

a) Being a State Marine Port Inspector with at least five years of experience;

b) Being a specialist with expertise in maritime safety, maritime security, environmental pollution prevention, and maritime working conditions.

2. The Committee shall have the following duties and powers:

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

b) Recommend the Examination Board for Marine Vessel Inspectors to promptly correct errors in the examination questions;

c) Handle examination violations within its authority and report to the Examination Board for Marine Vessel Inspectors.

Article 11. Recognition of Examination Results for Marine Vessel Inspectors

1. Candidates who achieve a score of five or higher out of ten in all subjects are considered successful.

In cases where candidates only pass some subjects, the results of these subjects will be retained for one year from the date of examination result announcement.

2. The Director of the Vietnam Maritime Administration shall recognize the examination results based on the recommendation of the Chairman of the Examination Board for Marine Vessel Inspectors.

Article 12. Application Documents for Marine Vessel Inspector Cards

1. The Marine Vessel Inspector Card issued by the Vietnam Maritime Administration has a validity period of five years and includes two types:

a) The Marine Inspector Officer Card of Vietnam is issued to Vietnamese Marine Inspector Officers according to the model specified in Appendix I of this Circular;

b) The State Marine Port Inspector Officer Card is issued to State Marine Port Inspector Officers according to the model specified in Appendix II of this Circular.

2. The application documents for Marine Vessel Inspector Cards include the following papers:

a) Decision recognizing the examination results for Marine Vessel Inspectors;

b) Request letter from the Head of the unit;

d) Two recent photographs measuring 3x4 cm taken within six months.

Article 13. Replacement and Reissue of Marine Inspector Officer Cards

a) Conducting inspections on 60 ships within five years or having at least two consecutive years of work related to ship inspections;

b) Participating in refresher courses on ship inspection procedures.

2. Documents for exchanging the Marine Inspector Officer Card:

a) A request letter from the head of the agency or unit specifying the number of ship inspections conducted or the period of continuous work related to ship inspections;

b) A copy of the Marine Inspector Officer Card;

c) Two recent photographs measuring 3x4 cm taken within six months.

3. The Marine Inspector Officer Card shall be reissued in cases of damage or loss. The head of the unit shall submit a request letter along with two new 3x4 cm recent photographs within six months to the Vietnam Maritime Administration for consideration and reissuance.

Article 14. Revocation of Marine Inspector Officer Cards

1. The Marine Inspector Officer Card shall be revoked in the following cases:

b) Engaging in corrupt behavior, harassment, or intentionally causing difficulties for customers during the performance of tasks.

b) Not being assigned further ship inspection tasks by the head of the agency or unit.

2. The Vietnam Maritime Administration is responsible for revoking the Marine Inspector Officer Card in the cases specified in Clause 1 of this Article.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from February 10, 2014.

2. As of July 1, 2015, Marine Inspector Officers who have been issued cards prior to the effective date of this Circular must meet the following requirements to exchange their cards:

a) The provisions set forth in points c, d, đ, and point e of Clause 2, Article 6 of this Circular apply to Vietnamese Marine Inspectors;

b) The provisions set forth in points c, d, đ, and point e of Clause 2, Article 7 of this Circular apply to State Marine Inspectors of Port Authorities.

3. The Vietnam Maritime Administration shall recall all inspection cards issued before February 10, 2014, and reissue new cards according to the templates specified in Appendix I and Appendix II of this Circular for those meeting the requirements stipulated in Clause 2 of this Article.

Article 16. Implementation Organization

Hanoi, June 25, 2024