Circular No. 65/2011/TT-BGTVT on marine surveyors

CIRCULAR

Regulations on marine vessel surveyors

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport shall stipulate regulations on marine vessel surveyors as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars specify the standards, responsibilities, authorities, and tasks of marine vessel surveyors and the recognition of marine vessel surveyors.

Article 2. Applicability

These Circulars apply to agencies, organizations, and individuals related to marine vessel surveying activities; equipment, exploration, exploitation, and transportation facilities on marine vessels (hereinafter referred to as marine works); industrial products used for marine vessels and marine works (hereinafter referred to as industrial products).

Article 3. Marine Vessel Surveyors

A marine vessel surveyor is a person who carries out marine vessel surveying activities, marine works, and industrial products.

Article 4. Categories of Marine Vessel Surveyors

Marine vessel surveyors are divided into two categories as follows:

1. Marine vessel surveyor.

2. Senior marine vessel surveyor.

Article 5. Responsibilities of Marine Vessel Surveyors

Marine vessel surveyors have the responsibility to carry out marine vessel surveying activities, marine works (hereinafter referred to as vessels) and industrial products in an objective manner, in accordance with the law, consistent with the contents recorded in the Certificate and the functions and tasks of the surveying agency or unit; any abuse of authority or intentional violation will be handled according to the provisions of the law.

Article 6. Authorities of Marine Vessel Surveyors

1. Request the owner of the vessel or the design, manufacturing, construction, repair, maintenance, testing facility to provide technical documents and create necessary conditions at the site to conduct inspection, evaluation, technical supervision work, ensuring safety during the execution of their duties.

2. Reserve and report to the immediate superior agency any opinions differing from the decision of the head of the unit regarding the assessment conclusion on the technical condition of the inspected and supervised object.

3. Sign and use seals when establishing survey records for objects that have been assessed, inspected, and supervised according to regulations.

4. Refuse to assess, inspect, and supervise technical aspects of vessels and industrial products if the assigned work has not been trained for or exceeds the professional capacity of the surveyor, or if unsafe working conditions are observed at the site.

Chapter II

STANDARDS AND TASKS OF MARINE VESSEL INSPECTORS

Article 7. Marine Vessel Surveyors

1. Knowledge requirements:

a) Vietnam's laws and international treaties related to vessel surveying operations;

b) Legal normative documents, standards, technical regulations, rules, procedures, and guidance on vessel surveying related to assigned tasks;

c) Functions, tasks, authorities, organizational structure, and operation of the Vietnam Marine Survey Bureau;

d) Functions and activities of the International Maritime Organization (IMO), the International Association of Classification Societies (IACS), the Asian Classification Societies (ACS), maritime authorities, and maritime industry organizations.

2. Qualification requirements:

a) Graduated from university in one of the majors related to new construction, repair, operation of marine vessels, marine works, and manufacturing of industrial products;

b) Completed new training courses, supplementary training, and updates for marine vessel surveyors on vessel and industrial product surveying business organized by the Vietnam Marine Survey Bureau or foreign classification organizations that have signed agreements with the Vietnam Marine Survey Bureau;

c) Possess English language proficiency level B or higher, and knowledge of specialized marine vessel surveying English;

d) Have computer skills to use office software and relevant business software;

đ) Meet the requirements in the pre-recognition marine vessel surveyor assessment and annual assessments;

e) Have a minimum of two years of training and practical experience in marine vessel surveyor business.

3. Requirements for marine vessel surveyors to perform inspection work:

a) Inspect the technical safety quality, environmental protection, and classification of vessels during new construction, conversion, restoration, repair, and operation according to legal normative documents, standards, technical regulations, rules, international treaties, and relevant business guidance;

b) Inspect the quality and suitability of industrial products installed on vessels;

c) Inspect and evaluate manufacturing, repair, maintenance, and testing facilities for vessels and industrial products;

d) Supervise examinations to issue Welder Certificates and Non-Destructive Testing Personnel Certificates;

đ) Participate in accident investigations involving marine vessels and marine works;

e) Establish survey records for inspected objects;

g) Calculate inspection fees for inspected objects;

h) Participate in and contribute to the drafting of legal normative documents, standards, technical regulations, rules, and business guidance on surveying;

i) Participate in training and guiding business practices for marine vessel surveyors performing inspection work.

4. Tasks of marine vessel surveyors performing design review work:

a) Review designs during new construction, conversion, repair of vessels, and manufacturing of industrial products according to legal normative documents, standards, technical regulations, rules, international treaties, and relevant business guidance;

b) Establish survey records related to design reviews;

c) Calculate design review fees;

d) Participate in and contribute to the drafting of legal normative documents, standards, technical regulations, rules, and business guidance on surveying;

đ) Participate in training and guiding business practices for marine vessel surveyors performing design review work.

Article 8. Senior Marine Inspector

1. Knowledge requirements:

In addition to the requirements for understanding as those for marine inspectors, senior marine inspectors must also meet the following requirements:

a) Understanding the policies, development directions of the unit, the inspection industry, and societal needs;

b) Possessing in-depth knowledge and practical experience to teach, train, and guide marine inspectors on regulatory texts, professional skills;

c) Having the ability to draft regulatory texts, technical standards, norms, and operational guidelines for inspections.

2. Qualification requirements:

a) Graduated from university in one of the majors related to new construction, repair, operation of marine vessels, marine works, and manufacturing of industrial products;

b) Completing new training courses, supplementary training, and updates organized by the Vietnam Marine Inspection Agency or foreign inspection organizations that have signed agreements with the Vietnam Marine Inspection Agency for senior marine inspectors regarding inspection operations and industrial products;

c) Having at least level C proficiency in English, capable of independently working with foreigners on inspection tasks;

d) Meeting the requirements in the pre-recognition inspection officer assessment period and annual assessments;

đ) Having a total time holding the rank of marine inspector for a minimum of six years.

3. Duties of senior marine inspectors

In addition to the duties performed by marine inspectors conducting inspection work or marine inspectors performing design review work, senior marine inspectors also perform the following duties:

a) Participating in developing strategies, long-term plans, five-year plans, and annual plans concerning marine equipment and industrial product inspection work;

b) Lead the implementation of scientific research projects, draft regulatory documents, standards, technical regulations, inspection guidelines;

c) Advising the head of the unit on professional and operational issues when requested;

d) Participating in investigating serious accidents involving vessels;

đ) Participating in assessing marine inspectors and senior marine inspectors when requested.

Chapter III

Article 12. Training Programs for Marine Inspectors

Article 9. Authority to Recognize Marine Inspectors

1. The Director of the Vietnam Marine Inspection Agency recognizes marine inspectors, issues Certificates and Inspector Cards according to this Circular based on the results of the recognition board's review, examination, and evaluation.

2. The recognition board of the Vietnam Marine Inspection Agency includes:

a) Chairman of the Board: A representative from the leadership of the Vietnam Marine Inspection Agency;

b) Secretary of the Board: The Director of the Training Center under the Vietnam Marine Inspection Agency;

c) Members of the Board: Heads of the Departments of Regulations, Ships, Offshore Structures, and Industry under the Vietnam Marine Inspection Agency.

3. The Vietnam Marine Inspection Agency organizes annual evaluations for recognized marine inspectors and confirms their Inspector Certificates.

Article 10. Application Documents for Recognition as a Marine Inspector

1. Marine Inspector:

a) The application for recognition as a marine inspector from the inspection unit (original);

b) University graduation certificate (certified copy or copy with original for verification);

c) Certificate of English proficiency at least level B;

d) Professional resume (according to the model prescribed in Appendix No. 1 issued together with this Circular);

đ) Copies of certificates of vocational training courses.

2. Senior Marine Inspector:

a) The application for recognition as a senior marine inspector from the inspection unit (original);

b) University graduation certificate (certified copy or copy with original for verification);

c) Certificate of English proficiency at least level C;

d) Professional resume (according to the model prescribed in Appendix No. 1 issued together with this Circular);

đ) Copies of certificates of vocational training courses for senior marine inspectors.

Article 11. Procedures and formalities for recognizing marine surveyors

1. Organizations and individuals shall complete the dossier in accordance with Clause 1 or Clause 2 of Article 10 and submit one set of dossiers directly or through the postal system to the Vietnam Marine Survey Bureau.

2. The Vietnam Marine Survey Bureau shall receive and examine the dossier components. If the dossier is incomplete, it shall guide organizations and individuals to complete it; if the dossier is complete, it shall send the dossier to the members of the Recognition Council for Marine Surveyors.

3. The Recognition Council for Marine Surveyors shall convene to review the dossier requesting recognition and organize an examination of the person proposed for recognition, including:

a) Professional competence assessment (written and oral questioning);

b) English proficiency assessment (listening, speaking, reading, writing);

c) Practical assessment of marine surveyor activities at the site.

4. Time limit for processing:

a) Within five working days from the date of receiving and examining the dossier, the Recognition Council for Marine Surveyors shall issue a written response to organizations and individuals if the dossier does not meet the requirements;

b) Within fifteen working days from the date of receiving and examining the dossier that meets the requirements, the Recognition Council for Marine Surveyors shall organize an examination of the person proposed for recognition;

c) Within five working days from the end of the examination, the Recognition Council for Marine Surveyors shall issue a written response to organizations and individuals if the examination results do not meet the requirements or submit to the Director of the Vietnam Marine Survey Bureau for signing the decision to recognize the marine surveyor, issue the Certificate according to the model specified in Appendix No. 2 attached to the Certificate of Marine Surveyor (according to the models specified in Appendices 2.1, 2.2, 2.3) and the Marine Surveyor Card according to the model specified in Appendix No. 3 issued together with this Circular to the person who meets the requirements before recognition.

Article 12. Revocation of the Certificate and Marine Surveyor Card

Surveyor of marine vessels shall have their Certificate and Marine Surveyor Card revoked when violating any of the following clauses with a disciplinary measure of warning or higher:

1. Violating current regulations while performing duties.

2. Engaging in corrupt behavior, harassment, or intentionally causing difficulties for customers during the performance of duties.

Chapter IV

EFFECTIVENESS AND IMPLEMENTATION 13. Effective Date

Article This Circular shall take effect forty-five days from the date of signature; abolishing Decision No. 1831/2001/QĐ-BGTVT dated June 12, 2001 of the Minister of Transport on the issuance of the Marine Surveyor Standards.

Athletes 14. Implementation

Article 1. The Vietnam Marine Survey Bureau shall be responsible for planning, programs, and content of training and organizing the implementation of training, evaluation, and recognition of marine surveyors in accordance with this Circular.

2. For marine surveyors appointed before the effective date of this Circular, within six months from the date of its effectiveness, the Vietnam Marine Survey Bureau shall organize an evaluation and recognition of marine surveyors in compliance with the provisions of this Circular. In cases where a marine surveyor is recognized but does not meet the standards, within two years from the date of the Circular's effectiveness, such surveyor must complete supplementary training programs for re-evaluation; if the re-evaluation still does not meet the standards, they will be demoted or have their Certificate and Marine Surveyor Card revoked.

3. The Head of the Office, the Inspector General, the Heads of Departments, the Director of the Vietnam Marine Survey Bureau, the Heads of agencies, organizations, and individuals related shall be responsible for implementing this Circular./.

3. The Director of the Office, the Inspector General, the Heads of Departments, the Director of the Vietnam Vehicle Inspection Agency, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./.