Circular No. 60/2024/TT-BGTVT Amending and Supplementing Certain Articles of Circulars on Domestic Waterway Vessels Registration and Regulations on Examinations, Inspections, Issuance, Reissuance, and Conversion of Certificates of Professional Competence for Seafarers and Inland Waterway Vessel Operators

CIRCULAR

Amending and supplementing certain articles of Circulars on registration of inland waterway vessels and regulations on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence for crew members and drivers of inland waterway vessels inland waterways and regulations on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence, professional certificates for seafarers, and drivers of inland waterway vessels

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Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Head of the Ministry of Transport and the Director of the Department of Inland Waterways of Vietnam; hereby promulgates

The Minister of Transport shall issue Circular amending and supplementing certain articles of Circulars on registration of inland waterway vessels and regulations on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence for crew members and drivers of inland waterway vessels.

Article 1. Amending and supplementing certain articles of Circular No. 75/2014/TT-BGTVT dated December 19, 2014 of the Minister of Transport on registration of inland waterway vessels (hereinafter referred to as Circular No. 75/2014/TT-BGTVT) and Circular No. 35/2020/TT-BGTVT dated December 23, 2020 of the Minister of Transport amending and supplementing certain articles of Circulars on periodic reporting requirements in the field of inland waterway transport (hereinafter referred to as Circular No. 35/2020/TT-BGTVT)

1. Amending and supplementing the name of Article 9 of Circular No. 75/2014/TT-BGTVT as follows:

"Article 9. Printing and managing blank forms of vessel registration certificates."

2. Amending and supplementing Point b Clause 4 Article 10, Point b Clause 5 Article 11, Point b Clause 3 Article 12, Point b Clause 5 Article 13, Point b Clause 3 Article 14, Point b Clause 3 Article 15, Point b Clause 3 Article 16, Point b Clause 3 Article 17, Point b Clause 3 Article 18 of Circular No. 75/2014/TT-BGTVT as follows:

"b) In cases where the application is received through the postal service system or through the online public service system, within two working days from the date of receipt of the application, the registration authority shall check the completeness of the application; if the application is complete according to the regulations, it will be accepted and the time limit for the result will be notified; if the application is incomplete according to the regulations, a written notice will be sent to the organization or individual to complete the application;"

3. Amending and supplementing Point c Clause 4 Article 10, Point c Clause 5 Article 11, Point c Clause 3 Article 12, Point c Clause 5 Article 13, Point c Clause 3 Article 14, Point c Clause 3 Article 15, Point c Clause 3 Article 16, Point c Clause 3 Article 17, Point c Clause 3 Article 18 of Circular No. 75/2014/TT-BGTVT as follows:

"c) Within three working days from the date of receiving the complete application according to the regulations and the organization or individual has fulfilled their financial obligations (if any), the registration authority shall issue the certificate and deliver it directly or through the postal service system or through the online public service system to the vessel owner. In case of non-issuance, a written response must be provided with the reasons stated."

4. Amending and supplementing Clause 3 and Clause 4 Article 19 of Circular No. 75/2014/TT-BGTVT as follows:

"3. Report to the registration authority to cancel the vessel registration according to the regulations.

4. When receiving the vessel registration certificate or the cancellation certificate of the vessel registration, the person named in the appointment letter or the person with an introduction letter or authorization letter must present the appointment letter, citizen identification card or electronic identity card or passport and must submit one of the following documents:

a) The original vessel registration certificate issued previously in cases of re-registration due to a change in the name or technical characteristics; re-registration due to transfer of ownership but without changing the registration authority; reissue of the vessel registration certificate due to damage to the original certificate; cancellation of registration;

b) The original cancellation certificate issued by the previous registration authority in cases of re-registration due to transfer from another registration authority to the inland waterway vessel registration authority (for sea vessels);

c) The original registration file sealed with stamps, corresponding to each case of registration previously issued by the registration authority in cases of re-registration due to simultaneous transfer of ownership and change of registration authority; re-registration due to the change of domicile or permanent residence of the vessel owner to another provincial administrative unit."

5. Amending and supplementing Clause 2 Article 20 of Circular No. 75/2014/TT-BGTVT as follows:

"2. Implement vessel registration and manage the vessel database according to the regulations."

6. Amending and supplementing Clause 2 Article 21 of Circular No. 75/2014/TT-BGTVT as follows:

"2. Implement vessel registration according to the regulations. Update the registration information of the vessel provided by the unit according to the regulations into the database of the Department of Inland Waterways of Vietnam."

7. Replacing the phrase "commune, ward, town" with the word "commune" at Clause 4 Article 8 of Circular No. 75/2014/TT-BGTVT and at Clause 4 Article 21 of Circular No. 75/2014/TT-BGTVT (which have been amended and supplemented at Article 3 of Circular No. 35/2020/TT-BGTVT).

8. Replacing the phrase "through the postal service or other appropriate methods" with the phrase "through the postal service or through the online public service system" at the introductory clause of Article 10, the introductory clause of Article 11, the introductory clause of Article 12, the introductory clause of Article 13, the introductory clause of Article 14, the introductory clause of Article 15, the introductory clause of Article 16, the introductory clause of Article 17, and Clause 1 Article 18 of Circular No. 75/2014/TT-BGTVT.

9. Replacing the phrase "present" with the phrase "present or send" at Clause 2 and Clause 3 Article 10, Clause 2 and Clause 4 Article 11, Clause 2 Article 12, Clause 2 Article 13, Point a Clause 2 and Clause 2 Article 14, Point a Clause 2 and Clause 2 Article 15, Clause 2 Article 16, Clause 2 Article 17 of Circular No. 75/2014/TT-BGTVT.

10. Replacing the phrase "original" with the phrase "original or certified copy or certified electronic copy derived from the original or certified electronic copy issued from the original book" at Point c Clause 1 and Clause 2 Article 10, Point c Clause 1 and Clause 2, Clause 4 Article 11, Point d Clause 1 and Clause 2 Article 12, Point c Clause 1 and Clause 2 Article 13, Point d Clause 1 and Clause 2 Article 14, Point d Clause 1 and Clause 2 Article 15, Clause 2 Article 16, Clause 2 Article 17 of Circular No. 75/2014/TT-BGTVT.

11. Replace Forms No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 attached as Appendix I to Circular No. 75/2014/TT-BGTVT with Forms No. 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12 attached as Appendix I to this Circular.

12. Repeal Clause 11 of Article 7, Point b of Clause 1 of Article 10, Point b of Clause 1 of Article 11, Point b and Point c of Clause 1 of Article 12, Point b and Point d of Clause 1 of Article 13, Point b and Point c of Clause 1 of Article 14, Point b and Point c of Clause 1 of Article 15, Point b and Point c of Clause 1 of Article 16, Point b and Point c of Clause 1 of Article 17, Point b of Clause 1 of Article 18, and Point a of Clause 2 of Article 19 of Circular No. 75/2014/TT-BGTVT.

Article 2. Amend and supplement some articles of Circular No. 40/2019/TT-BGTVT dated October 15, 2019 issued by the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of seafarer competency and certificates of competency for inland waterway vessel operators (hereinafter referred to as Circular No. 40/2019/TT-BGTVT) and Circular No. 38/2023/TT-BGTVT dated December 18, 2023 issued by the Minister of Transport amending and supplementing some articles of Circular No. 40/2019/TT-BGTVT (hereinafter referred to as Circular No. 38/2023/TT-BGTVT).

1. Amend and supplement Point đ of Clause 2 of Article 18 of Circular No. 40/2019/TT-BGTVT (which has been amended and supplemented at Clause 11 of Article 1 of Circular No. 38/2023/TT-BGTVT) as follows:

"đ) Individuals applying for examination or inspection shall pay fees and charges as prescribed; when participating in examinations or inspections or receiving or having a person authorized by a power of attorney receive the Certificate of Seafarer Competency or Certificate of Competency, they must present their citizen identification card, identity card, electronic citizen identification card, or passport."

2. Replace Appendices II, IV, VIII, XII, and XIV attached to Circular No. 40/2019/TT-BGTVT (which have been replaced at Clause 16 of Article 1 of Circular No. 38/2023/TT-BGTVT) with Appendices II, III, IV, V, and VI attached to this Circular.

Article 3. Effectiveness

1. This Circular takes effect from March 1, 2025.

2. For cases that have submitted applications before the date this Circular takes effect, they shall continue to be processed according to the provisions of Circular No. 75/2014/TT-BGTVT amended and supplemented by Circular No. 35/2020/TT-BGTVT and Circular No. 40/2019/TT-BGTVT amended and supplemented by Circular No. 38/2023/TT-BGTVT.

Article 4. Organization of Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterways Administration, the Directors of Provincial and Central City Departments of Transport, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.