Circular No. 54/2023/TT-BGTVT amending and supplementing certain Articles of Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport on training, issuing, and revoking the Certificate of Professional Competence for Marine Pilots and the Certificate of Operating Area for Marine Pilots.

CIRCULAR

Amending and supplementing certain articles of Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport on training, issuing, and revoking certificates of professional competence for marine pilots and areas of operation for marine pilots

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

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Transport Department and the Director of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular amending and supplementing certain articles of Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport on training, issuing, and revoking certificates of professional competence for marine pilots and areas of operation for marine pilots.

 

Article 1. Amending and supplementing certain articles of Circular No. 27/2016/TT-BGTVT dated October 12, 2016, issued by the Minister of Transport on training, issuing, and revoking certificates of professional competence for marine pilots and areas of operation for marine pilots (hereinafter referred to as Circular No. 27/2016/TT-BGTVT)

1. Amending and supplementing Point c Clause 1 Article 2 as follows:

"c) The Certificate of Professional Competence for Marine Pilots (GCNKNCMHTHH) issued to marine pilots has a validity period of five years from the date of issuance. The GCNKNCMHTHH issued to self-navigating ship captains has a validity period of two years.

In case the GCNKNCMHTHH is reissued due to loss, damage, or change of information, the validity period of the reissued GCNKNCMHTHH shall correspond to the remaining validity period of the GCNKNCMHTHH being reissued;"

2. Amending and supplementing Clause 1 of Article 3 as follows:

"1. A Third-Class Marine Pilot is a pilot holding a Third-Class GCNKNCMHTHH. A Third-Class Marine Pilot is permitted to guide vessels with a total gross tonnage up to 5000 GT and a maximum length of 115 meters."

3. Amend and supplement Article 4 as follows:

"Article 4. Training program for marine pilots

1. The training program for marine pilots includes:

a) Basic training program for marine pilots;

b) Advanced training program for marine pilots;

c) Training program for marine pilots for self-navigating ship captains.

2. Vietnamese citizens holding a GCNKNCMHTHH issued by foreign authorities are exempted from training contents already completed abroad corresponding to the training program for marine pilots prescribed by the Minister of Transport. The total amount of exempted content shall not exceed 50% of the total volume of the training program for marine pilots."

4. Supplementing Point d following Point c Clause 2 Article 5 as follows:

"d) Decision on exemption of certain courses in the training program for marine pilots for Vietnamese citizens holding a GCNKNCMHTHH issued by foreign authorities."

5. Amending and supplementing certain points and clauses of Article 8 as follows:

a) Amend and supplement point d clause 1 as follows:

"d) Hold a certificate of English proficiency at level 2 or above as stipulated by the Minister of Transport or equivalent;"

b) Amend and supplement Clause 2 as follows:

"2. Participants in advanced marine pilot training courses must meet the following conditions:

a) Hold a bachelor's degree or higher in Ship Navigation;

b) Meet health standards as prescribed;

c) Hold a certificate of English proficiency at level 3 as stipulated by the Minister of Transport or equivalent;

d) Hold a Second-Class GCNKNCMHTHH or equivalent;

đ) Independently guide ships safely for at least 300 times in the position of a Second-Class Marine Pilot or have at least 24 months of experience guiding ships safely as a Second-Class Marine Pilot with 200 safe ship guidance operations, confirmed by the pilot organization or maritime port inspection authority in the region for pilots holding a GCNKNCMHTHH issued by Vietnamese competent authorities; or confirmation by the management authority where the pilot works for Vietnamese citizens holding a GCNKNCMHTHH issued by foreign authorities;"

c) Amending and supplementing Point c Clause 3 as follows:

"c) Hold a certificate of English proficiency at level 2 or above as stipulated by the Minister of Transport or equivalent;"

6. Amending and supplementing Article 9 as follows:

"Article 9. Documents for participation in maritime pilot training courses

1. The documents for participation in basic maritime pilot training courses include:

a) Application form (for self-applicants) or a recommendation letter from the managing agency or organization;

b) Certified copy of graduation certificate. For graduation certificates issued by foreign educational institutions, an additional certified copy or a copy with the original for verification of the recognition certificate according to the regulations of the Ministry of Education and Training must be submitted;

c) Certified copy or a copy with the original for verification: Seafarer’s Logbook; Certificate of Competency for Marine Navigation and Control issued by the competent authority of Vietnam or by the competent authority of a country or territory that has been agreed upon by Vietnam regarding the recognition of professional certificates;

d) Certified copy of English proficiency certificate;

đ) Health certificate in accordance with the regulations;

e) Curriculum vitae with confirmation from the competent agency or organization;

g) For Vietnamese citizens holding a Certificate of Competency for Marine Navigation and Control issued by foreign agencies or organizations, the following additional documents must be submitted:

Documents proving eligibility to participate in basic maritime pilot training courses as stipulated in Clause 1, Article 8 of this Circular;

A request for exemption or reduction and documents proving the contents already trained abroad corresponding to the content of the maritime pilot training program prescribed by the Minister of Transport;

2. The documents for participation in advanced maritime pilot training courses include:

a) Recommendation letter from the managing organization;

b) Certified copy of Certificate of Competency for Marine Navigation and Control at the Second Class level or equivalent;

c) For Vietnamese citizens holding a Certificate of Competency for Marine Navigation and Control issued by foreign agencies or organizations, the following additional documents must be submitted:

Documents proving eligibility to participate in advanced maritime pilot training courses as stipulated in Clause 2, Article 8 of this Circular;

A request for exemption or reduction and documents proving the contents already trained abroad corresponding to the content of the maritime pilot training program prescribed by the Minister of Transport;

3. The documents for maritime pilot training courses for ship captains navigating their own vessels include:

a) Application form (for self-applicants) or a recommendation letter from the managing organization;

b) Certified copy of graduation certificate. For graduation certificates issued by foreign educational institutions, an additional certified copy of the recognition certificate according to the regulations of the Ministry of Education and Training must be submitted;

c) Certified copy: seafarer’s logbook; Certificate of Competency for Ship Master issued by the competent authority of Vietnam or by the competent authority of a country or territory that has been agreed upon by Vietnam regarding the recognition of professional certificates;

d) Certified copy of English proficiency certificate;

đ) Health certificate in accordance with the regulations;

e) Curriculum vitae with confirmation from the competent agency or organization.";

7. Amend and supplement some points and clauses of Article 11 as follows:

a) Amending and supplementing Point b Clause 1 as follows:

"b) Having completed 400 safe vessel navigation practices or having 200 safe vessel navigation practices within a minimum period of 36 months, confirmed by the pilot organization where the practice took place and the Maritime Port Inspection Authority of the region. In case a pilot trainee has held the position of ship master on vessels with a total gross tonnage of 500 GT or more, they must have completed 200 safe vessel navigation practices or 100 safe vessel navigation practices within a minimum period of 24 months, confirmed by the pilot organization where the practice took place and the Maritime Port Inspection Authority of the region;"

b) Amending and supplementing Point b Clause 2 as follows:

"b) Having completed 50 safe vessel navigation practices for vessels with a total gross tonnage over 5,000 GT or maximum length over 115 meters; or having completed a minimum of 12 months of Second Class Pilot training with 30 safe vessel navigation practices, confirmed by the pilot organization where the practice took place and the Maritime Port Inspection Authority of the region;"

c) Amend and supplement Point b Clause 3 as follows:

"b) Having completed 200 safe vessel navigation practices for vessels with a total gross tonnage over 5,000 GT or maximum length over 115 meters; or having completed 100 safe vessel navigation practices within a minimum period of 12 months in the capacity of Second Class Pilot trainee, confirmed by the pilot organization where the practice took place and the Maritime Port Inspection Authority of the region;"

8. Amend and supplement Article 12 as follows:

"Article 12. Procedures for Issuing the Certificate of Professional Competence for Marine Pilots

1. The application dossier for issuing the Certificate of Professional Competence for Marine Pilots includes:

a) A letter from the marine pilot organization or the shipmaster management unit according to the model prescribed in Appendix 3 of this Circular;

b) An application form according to the model prescribed in Appendix 4 of this Circular;

c) Three examination forms on professional competence for marine pilots of Grade III, two examination forms for marine pilots of Grade II, Grade I, and Extra Class, and one examination form for self-navigating shipmasters according to the model prescribed in Appendix 5 of this Circular;

d) Two color photographs for cases where the application dossier is submitted directly or through postal service, one electronic file of photograph for cases where the application dossier is submitted through the online public service system, measuring 3cm x 4cm, with a white background, taken within the most recent six months;

đ) The original or certified copy or certified electronic copy derived from the original Health Certificate according to the regulations;

2. Organizations and individuals submit one set of the application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In case of direct submission, if the dossier does not meet the required completeness, the dossier will be returned and organizations or individuals will be guided to complete the dossier according to the regulations;

b) In case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the required completeness, the Vietnam Maritime Administration will notify in writing within two working days from the date of receipt of the dossier;

c) Within two working days from the date of receipt of a complete dossier according to the regulations, the Vietnam Maritime Administration sends a written notice to the local maritime port office requesting confirmation of the number of piloting assignments. Within three working days from the date of receipt of the Vietnam Maritime Administration's notice, the local maritime port office sends a confirmation notice to the Vietnam Maritime Administration.

4. Within two working days from the date of receipt of the confirmation from the local maritime port office, the Vietnam Maritime Administration issues the Certificate of Professional Competence for Marine Pilots according to the model prescribed in Appendix 1 of this Circular. In case the conditions for issuing the Certificate of Professional Competence for Marine Pilots are not met, the Vietnam Maritime Administration must respond in writing and specify the reasons.

5. The Certificate of Professional Competence for Marine Pilots is issued one original copy for the marine pilot or shipmaster.

9. Amend and supplement Article 13 as follows:

"Article 13. Conditions for Reissuing the Certificate of Professional Competence for Marine Pilots

The Certificate of Professional Competence for Marine Pilots is reissued in cases of damage, loss, information change, expiration, or nearing expiration of its validity period. In cases where the Certificate of Professional Competence for Marine Pilots is expiring or nearing expiration, the following conditions must be met:

1. Meeting the health standards as prescribed.

2. For marine pilots:

a) Having at least 200 safe piloting assignments over five years or at least 50 safe piloting assignments over twelve months immediately preceding the date of the reissue request (marine pilots piloting oil platforms offshore must have at least 40 safe piloting assignments over five years or at least 10 safe piloting assignments over twelve months immediately preceding the date of the reissue request), confirmed by the pilot management organization and the local maritime port office;

b) In case the condition stipulated in point a of this clause is not met, they must undergo at least 30 supervised training sessions under the guidance of chief pilots over three months immediately preceding the date of the reissue request, confirmed by the pilot organization managing and conducting the training (the training location may differ from the operational area recorded in the Pilot License);

3. For self-navigating shipmasters: having at least 12 safe self-navigating assignments during the validity period of the Certificate of Professional Competence for Marine Pilots, confirmed by the management organization and the local maritime port office.

10. Amend and supplement Article 14 as follows:

"Article 14. Procedures for Reissuing the Certificate of Professional Competence for Marine Pilots

1. The dossier for reissuing the Certificate of Professional Competence for Marine Pilots includes:

a) An application form for reissuing the Certificate of Professional Competence for Marine Pilots, clearly stating the reasons and having the confirmation of the head of the marine pilot organization or the shipmaster management unit according to the model prescribed in Appendix 6 of this Circular;

b) The original or certified copy or certified electronic copy from the original of legal documents proving the adjustment for cases involving changes in information;

c) Two color photographs for direct submission or via postal service, or one file photograph for online submission through the public service system, measuring 3cm x 4cm with a white background, taken within the last six months;

d) The original or certified copy or certified electronic copy from the original Health Certificate according to regulations; or the Health Certificate for Seafarers according to the regulations of the Ministry of Health (for pilots over 62 years old);

2. Organizations and individuals submit one set of the application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In case of direct submission, if the dossier does not meet the required completeness, the dossier will be returned and organizations or individuals will be guided to complete the dossier according to the regulations;

b) In case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the required completeness, the Vietnam Maritime Administration will notify in writing within two working days from the date of receipt of the dossier;

c) In cases of reissuing due to the expiration or nearing expiration of the Certificate of Professional Competence for Marine Pilots: within the latest two working days from the date of receiving the complete dossier as prescribed, the Vietnam Maritime Administration shall send a letter to the Port Maritime Office in the relevant area requesting confirmation of the number of safe pilotage operations. Within the latest two working days from the date of receiving the letter from the Vietnam Maritime Administration, the Port Maritime Office in the relevant area shall send a confirming letter to the Vietnam Maritime Administration.

4. Within the latest five working days from the date of receiving the complete dossier as prescribed, or within the latest one working day from the date of receiving the confirming letter from the Port Maritime Office in the relevant area (in cases requiring confirmation from the Port Maritime Office in the relevant area), the Vietnam Maritime Administration shall reissue the Certificate of Professional Competence for Marine Pilots according to the model prescribed in Appendix 1 of this Circular. If the conditions for reissuing the Certificate of Professional Competence for Marine Pilots are not met according to regulations, the Vietnam Maritime Administration must respond in writing and specify the reasons.

5. The reissued Certificate of Professional Competence for Marine Pilots (along with the Certificate of Professional Competence for Shipmasters) shall be issued one original copy for the marine pilot or shipmaster.

11. Amend and supplement Article 16 as follows:

"Article 16. Procedures for Issuing the Certificate of Operating Area for Marine Pilots

1. The dossier for issuing the Certificate of Operating Area for Marine Pilots includes:

a) A letter from the marine pilot organization or the shipmaster management unit according to the model prescribed in Appendix 3 of this Circular;

b) A declaration form according to the model prescribed in Appendix 4 of this Circular;

c) Two color photographs for direct submission or via postal service, or one file photograph for online submission through the public service system, measuring 3cm x 4cm with a white background, taken within the last six months;

2. Organizations and individuals submit one set of the application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In case of direct submission, if the dossier does not meet the required completeness, the dossier will be returned and organizations or individuals will be guided to complete the dossier according to the regulations;

b) In case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the required completeness, the Vietnam Maritime Administration will notify in writing within two working days from the date of receipt of the dossier;

4. Within the latest two working days from the date of receiving the complete dossier as prescribed, the Vietnam Maritime Administration shall issue the Certificate of Operating Area for Marine Pilots according to the model prescribed in Appendix 2 of this Circular. If the conditions for issuing the Certificate of Operating Area for Marine Pilots are not met according to regulations, the Vietnam Maritime Administration must respond in writing and specify the reasons.

5. The Certificate of Operating Area for Marine Pilots shall be issued one original copy for the marine pilot or shipmaster.

12. Amend and supplement the name of Article 17 and add Clause 4 after Clause 3 of Article 17 as follows:

“Article 8. Developing household and village-scale wastewater treatment models

"Article 17. Conditions for Issuing the Certificate of Operating Area for Marine Pilots for marine pilots transferring operating areas; marine pilots piloting vessels on new routes within the operating area of marine pilots"

b) Add Clause 4 after Clause 3 as follows:

"4. Marine pilots piloting vessels on new routes within the operating area of marine pilots:

a) There is a document from the competent authority authorizing the provision of marine pilot services on new routes within the operating area of marine pilots; b) Possessing the Certificate of Professional Competence for Marine Pilots and having completed 100 safe pilotage operations within the operating area of marine pilots."

13. Amend and supplement Article 18 as follows:

"Article 18. Procedures for Issuing the Certificate of Operating Area for Marine Pilots for marine pilots transferring operating areas; marine pilots piloting vessels on new routes within the operating area of marine pilots

1. The dossier for issuing the Certificate of Operating Area for Marine Pilots for marine pilots transferring operating areas; marine pilots piloting vessels on new routes within the operating area of marine pilots includes:

a) A letter from the marine pilot organization according to the model prescribed in Appendix 3 of this Circular;

b) A declaration form according to the model prescribed in Appendix 4 of this Circular;

c) Two color photographs for direct submission or via postal service, or one file photograph for online submission through the public service system, measuring 3cm x 4cm with a white background, taken within the last six months.

2. Organizations and individuals submit one set of the application dossier directly at the Vietnam Maritime Administration or send it through the postal service or the online public service system.

3. The Vietnam Maritime Administration receives the dossier, checks the components and quantity of the dossier according to the regulations, registers it in the logbook, and schedules the result delivery as prescribed:

a) In case of direct submission, if the dossier does not meet the required completeness, the dossier will be returned and organizations or individuals will be guided to complete the dossier according to the regulations;

b) In case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the required completeness, the Vietnam Maritime Administration will notify in writing within two working days from the date of receipt of the dossier;

c) Within the latest two working days from the date of receiving the complete dossier as prescribed, the Vietnam Maritime Administration shall send a letter to the Port Maritime Office in the relevant area requesting confirmation of the number of safe pilotage operations. Within the latest three working days from the date of receiving the letter from the Vietnam Maritime Administration, the Port Maritime Office in the relevant area shall send a confirming letter to the Vietnam Maritime Administration.

4. Within the latest two working days from the date of receiving the confirmation from the Port Maritime Office in the relevant area, the Vietnam Maritime Administration shall issue the Certificate of Operating Area for Marine Pilots according to the model prescribed in Appendix 2 of this Circular. If the conditions for issuing the Certificate of Operating Area for Marine Pilots are not met according to regulations, the Vietnam Maritime Administration must respond in writing and specify the reasons.

5. The Certificate of Operating Area for Marine Pilots for marine pilots transferring operating areas shall be issued one original copy for the marine pilot.

14. Amend and supplement Article 20 as follows:

"Article 20. Procedure for Reissuing the Certificate of Pilotage Area

1. The Certificate of Pilotage Area (GCNVHĐHTHH) shall be reissued in cases of damage, loss, change of information, or when reissuing the Certificate of Competency for Marine Pilots (GCNKNCMHTHH).

2. The dossier for reissuing the Certificate of Pilotage Area includes:

a) An application form for reissuing the Certificate of Pilotage Area, clearly stating the reasons and having confirmation from the head of the marine pilot organization or the ship management unit according to the model specified in Appendix 6 of this Circular;

b) The original or certified copy or certified electronic copy from the original of legal documents proving the adjustment for cases involving changes in information;

c) Two color photographs for direct submission or via postal service, or one file photograph for online submission through the public service system, measuring 3cm x 4cm with a white background, taken within the last six months.

3. Organizations and individuals submit one set of the dossier directly at the Vietnam Maritime Administration or send it through the postal service or online public service system.

4. The Vietnam Maritime Administration receives the dossier, checks its components and quantity according to regulations, registers it in the logbook, and schedules the result delivery as prescribed.

a) In case of direct submission, if the dossier does not meet the required completeness, the dossier will be returned and organizations or individuals will be guided to complete the dossier according to the regulations;

b) In case of receiving the dossier through the postal service or the online public service system, if the dossier does not meet the required completeness, the Vietnam Maritime Administration will notify in writing within two working days from the date of receipt of the dossier;

5. Within the latest five working days from the date of receiving a complete dossier, the Vietnam Maritime Administration will reissue the Certificate of Pilotage Area according to the model specified in Appendix 2 of this Circular. In case the conditions for reissuing the Certificate of Pilotage Area are not met, the Vietnam Maritime Administration must respond in writing and specify the reasons.

6. The reissued Certificate of Pilotage Area will be provided with one original copy to the marine pilot.

15. Amend and supplement Clause 2 of Article 21 as follows:

"2. Responsibilities of organizations and individuals applying for issuance or reissuance of certificates for marine pilots:

a) Organizations and individuals are responsible under the law for the legality and validity of the dossier for administrative procedures;

b) Certificates already issued will be revoked if it is found that false or forged documents or incorrect information have been reported in the dossier for administrative procedures for issuing or reissuing certificates;

c) The authority issuing the marine pilot certificate has the right to revoke the certificate upon discovering violations as stipulated in point b of Clause 2 of this Article."

16. Amend and supplement Article 22 as follows:

"Article 22. Fees and Charges for Issuing Various Types of Certificates

Fees and charges for issuing the Certificate of Competency for Marine Pilots (GCNKNCMHTHH) and the Certificate of Pilotage Area (GCNVHĐHTHH) shall be implemented in accordance with the laws on fees and charges and the guidance of the Ministry of Finance.

17. Supplement Clause 4 after Clause 3 of Article 25 as follows:

"4. To take the lead and coordinate with units such as maritime safety assurance, port enterprises, ship owners, and marine pilot organizations to conduct surveys, evaluations, and propose plans for guiding ships on new routes within the pilotage area."

18. Abolish Article 19 of Circular No. 27/2016/TT-BGTVT.

19. Replace Appendices 3, 4, 5, and 6 promulgated together with Circular No. 27/2016/TT-BGTVT respectively with Appendices 1, 2, 3, and 4 promulgated together with this Circular.

Article 2. Implementation clause

1. This Circular takes effect from April 1, 2024.

2. Transitional provisions:

a) Certificates of Competency for Marine Pilots (GCNKNCMHTHH) and Certificates of Pilotage Area (GCNVHĐHTHH) issued before the effective date of this Circular remain valid until their expiration date as stated in the certificate or until they are reissued.

b) The number of practical training sessions conducted by marine pilots and ship captains before the effective date of this Circular will continue to be counted towards the total number of practical training sessions as stipulated in this Circular.

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