Circular No. 56/2023/TT-BGTVT amending and supplementing certain Articles of Circular No. 23/2017/TT-BGTVT dated July 28, 2017, issued by the Minister of Transport, stipulating the positions, duties according to positions of seafarers and registration of seafarers working on Vietnamese-flagged vessels.

DECISIONLEGAL

Amending and supplementing certain Articles of Circular No. 23/2017/TT-BGTVT dated July 28, 2017 of the Minister of Transport on the titles, duties according to titles of seafarers and registration of seafarers working on Vietnamese-flagged vessels

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;

Pursuant to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, to which Vietnam is a party;

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

The Minister of Transport promulgates this Decision amending and supplementing certain provisions of Circular No. 23/2017/TT-BGTVT dated July 28, 2017 of the Minister of Transport on the titles, duties according to titles of seafarers and registration of seafarers working on Vietnamese-flagged vessels.

Article 1. Amending and supplementing certain Articles of Circular No. 23/2017/TT-BGTVT dated July 28, 2017 of the Minister of Transport on the titles, duties according to titles of seafarers and registration of seafarers working on Vietnamese-flagged vessels (hereinafter referred to as Circular No. 23/2017/TT-BGTVT).

1. Amending and supplementing Clause 3, Article 51 as follows:

"3. Responsibilities of organizations supplying seafarers when arranging seafarers to work on foreign-flagged vessels owned by foreign shipowners:

a) Confirming fully and accurately the seafarer positions in the Seafarer's Logbook and being responsible for the confirmation in cases where seafarers work on foreign-flagged vessels owned by foreign shipowners;

b) Reporting the date of disembarkation, departure from the vessel, and the seafarer position supplied by themselves working on foreign-flagged vessels owned by foreign shipowners through electronic means into the Seafarer Management Database of the Vietnam Maritime Administration and being responsible for the reporting."

2. Amending and supplementing Article 53 as follows:

"Article 53. Procedures for registering and issuing the Seafarer's Logbook

1. Organizations and individuals submit one (01) set of application dossier for registering and issuing the Seafarer's Logbook directly or send it via postal service or online public service system to one of the Seafarer Registration Authorities. The dossier includes:

a) An application form for issuing the Seafarer's Logbook according to the model attached as Appendix II to this Circular;

b) Two (02) color photographs (for direct submission or submission via postal service), one (01) file photograph (for submission via online public service system), size 4cm x 6cm, similar to the format of citizen identification card photographs, taken within six (06) months prior to the date of submission;

c) A certified copy or a copy with original for comparison or an electronically certified copy from the original: Passport or Citizen Identification Card 09 digits still valid according to regulations (in case there is no citizen identification card or Citizen Identification Card 12 digits);

d) A certified copy or a copy issued from the original book or a copy with original for comparison or an electronically certified copy issued from the original book or an electronically certified copy from the original Certificate of Basic Vocational Training;

đ) A certified copy or a copy issued from the original book or a copy with original for comparison or an electronically certified copy issued from the original book or an electronically certified copy from the original diploma, certificate of specialized knowledge corresponding to the position held (for seafarers);

e) The original or a certified copy or a copy issued from the original book or an electronically certified copy issued from the original book or an electronically certified copy from the original internship acceptance document of the shipowner (for trainees).

2. The Seafarer Registration Authority receives, checks the dossier and processes as follows:

a) In case of direct submission, if the dossier is complete, issue a receipt for the dossier and schedule the result delivery within the time limit stipulated in Clause 3 of this Article; if the dossier is incomplete according to regulations, return immediately and guide organizations and individuals to complete the dossier again;

b) In case of receiving the dossier via postal service or online public service system, if the dossier is incomplete according to regulations, within the latest two (02) working days from the date of receiving the dossier, the Seafarer Registration Authority guides organizations and individuals to complete the dossier again (sent by written document or through the organization's or individual's account on the online public service system).

3. Within two (02) working days from the date of receiving a complete and valid dossier according to regulations, the Seafarer Registration Authority performs the registration in the Seafarer Registration Book and issues the Seafarer's Logbook according to the model at Appendix I of this Circular. In case of non-issuance, the Seafarer Registration Authority must reply in writing within the time limit stipulated in this Clause and specify the reasons.

4. Fees and charges for issuing the Seafarer's Logbook shall be implemented in accordance with the laws on fees and charges and the guidance of the Ministry of Finance."

3. Amending and supplementing Article 54 as follows:

"Article 54. Procedures for reissuing the Seafarer's Logbook

1. Seafarers who have been issued a Seafarer's Logbook will be reissued a Seafarer's Logbook in cases of loss, damage, exhaustion of pages, or change of personal information recorded in the Seafarer's Logbook.

2. Organizations and individuals submit one (01) set of application dossier for reissuing the Seafarer's Logbook directly or send it via postal service or online public service system to one of the Seafarer Registration Authorities. The reissue dossier includes:

a) An application form for reissuing the Seafarer's Logbook according to the model attached as Appendix II to this Circular;

b) The original or a certified copy or a copy issued from the original book or an electronically certified copy issued from the original book or an electronically certified copy from the original legal document proving the adjustment for cases of changed information;

c) Two (02) color photographs (for direct submission or submission via postal service), one (01) file photograph (for submission via online public service system), size 4cm x 6cm, similar to the format of citizen identification card photographs, taken within six (06) months prior to the date of submission;

3. The Seafarer Registration Authority receives, checks the dossier and processes as follows:

a) In the case of direct submission of the dossier, if the dossier is complete, issue a receipt for the dossier and schedule the result delivery within the time limit specified in Clause 4 of this Article; if the dossier does not meet the requirements, return it immediately and guide organizations and individuals to perfect the dossier.

b) In the case of receiving the dossier through the postal system or through the online public service system, if the dossier does not meet the requirements, within the latest two (02) working days from the date of receipt of the dossier, the seafarer registration authority shall guide organizations and individuals to perfect the dossier (by sending a written notice or through the organization's or individual's account on the online public service system).

4. Within two (02) working days from the date of receiving a valid dossier as prescribed, the seafarer registration authority that receives the dossier shall be responsible for notifying the previous issuing authority to reissue the Seafarer's Logbook, implementing the entry in the Seafarer Registration Logbook, and issuing the Seafarer's Logbook according to the model specified in Appendix I of this Circular. If the Seafarer's Logbook is not reissued, the seafarer registration authority must respond in writing within the time limit specified in this Clause and specify the reasons.

5. Fees and charges for reissuing the Seafarer's Logbook shall be implemented in accordance with the laws on fees and charges and the guidance of the Ministry of Finance."

4. Amend and supplement Article 55 as follows:

"Article 55. Recovery of the Seafarer's Logbook and responsibilities of organizations and individuals implementing administrative procedures

1. The Seafarer's Logbook issued shall be recovered and handled according to the provisions of the law when false information is reported or falsified documents are used in the Seafarer's Logbook issuance dossier.

2. The seafarer registration authority has the authority to recover the Seafarer's Logbook. After recovering the Seafarer's Logbook, the seafarer registration authority must notify the issuing unit of that Seafarer's Logbook and report in writing to the Vietnam Maritime Administration.

3. Organizations and individuals are responsible under the law for the legality and validity of the dossier implementing administrative procedures."

5. Amend and supplement Clause 3 of Article 56 as follows:

"3. The seafarer registration authority shall organize the printing and issuance of the Seafarer's Logbook in accordance with this Circular."

6. Replace Appendix II promulgated together with Circular No. 23/2017/TT-BGTVT with the Appendix promulgated together with this Circular.

Article 2. Effective Date

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

2. The form of submitting photos in file format through the online public service system as stipulated in point b, Clause 1, Article 53, and point c, Clause 2, Article 54 of this Circular must be implemented no later than January 1, 2025.

Article 3. Implementation Organization

1. The Vietnam Maritime Administration is responsible for organizing the implementation of this Circular in coordination with relevant agencies.

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