Decision No. 66/2005/QD-BGTVT On the professional standards, professional certificates of seafarers, and the minimum safety manning for Vietnamese ships

DECISION OF THE MINISTER OF TRANSPORT

Regarding professional standards, the professional certificates of seafarers and

the minimum safe manning of Vietnamese ships

THE MINISTER OF TRANSPORTATION

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

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Vietnam Maritime Administration,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates the professional standards, professional certificates of seafarers, and the minimum safe manning of Vietnamese ships.

2. This Decision applies to agencies, organizations, individuals, and seafarers related to the professional standards, professional certificates of seafarers, and the minimum safe manning of Vietnamese ships.

3. This Decision applies to public service vessels in cases specifically provided for in this Decision.

Article 2. Interpretation of Terms

In this Decision, the following terms shall be understood as follows:

1. Oil tanker means a ship constructed and used for the carriage of crude oil and petroleum products;

2. Chemical tanker means a ship constructed or converted and used for the carriage of bulk cargoes of liquid chemicals as defined in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code);

3. Gas carrier means a ship constructed or converted and used for the carriage of bulk cargoes of liquefied gases as defined in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code);

4. Passenger Ro-Ro Ship means a passenger ship with Ro-Ro spaces or special spaces as defined in Regulation II-2/3 of the International Convention for the Safety of Life at Sea 1974, as amended;

5. Near-coastal voyage means a voyage of a ship under 500 GT in waters within the sovereignty, jurisdiction, and rights of Vietnam;

6. Training Record Book means a record book issued to deck officer trainees on ships of 500 GT and above, and engine officer trainees with main propulsion machinery of 750 kW and above;

7. Period of training means the time spent by seafarers working on board ships in accordance with training programs consistent with the provisions of the STCW Convention;

8. Probationary period means the time spent serving in a position on a ship corresponding to their certificate of competency under the supervision of an officer;

9. Time served in a position means the time spent working in a position consistent with the certificate of competency issued;

10. Sea service time means the time spent by seafarers working on board ships;

11. STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995;

12. STCW Code means the Code accompanying the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995;

13. Certificate of Recognition of GCNKNCM means a certificate of recognition issued by the Director of the Vietnam Maritime Administration to foreign seafarers who have obtained a GCNKNCM in accordance with the STCW Convention to work on Vietnamese ships;

14. Certificate of Issuance of Certificate means a certificate of issuance issued by the Director of the Vietnam Maritime Administration to seafarers who have been issued a certificate of completion of a course of training corresponding to the regulations set out in Rule IV/2 and Rule V/1 of the STCW Convention by the head of the training institution.

Chapter II

PROFESSIONAL STANDARDS OF SEAFARERS

Article 3. Professional standards of masters and chief officers of ships of 500 GT and above

Masters and chief officers of ships of 500 GT and above must meet the professional standards specified in Section A-II/1, A-II/2, A-IV/2, and A-VIII/2 of the STCW Code regarding the following functions:

1. Navigation at the management level;

2. Cargo handling and stowage at the management level;

3. Ship operation control and care of persons on board at the management level;

4. Communication at the operational level.

Article 4. Professional standards for masters and chief officers of vessels from 50 GT to less than 500 GT on coastal voyages and masters of vessels under 50 GT

Masters and chief officers of vessels from 50 GT to less than 500 GT on coastal voyages and masters of vessels under 50 GT must meet the professional standards specified in Sections A-II/3, A-IV/2, and A-VIII/2 of the STCW Code concerning the following functions:

1. Navigation at the management level;

2. Cargo handling and stowage at the management level;

3. Ship operation control and care of persons on board at the management level;

4. Communication at the operational level.

Article 5. Professional standards for deck officers of vessels 500 GT and above

Deck officers of vessels 500 GT and above must meet the professional standards specified in Sections A-II/1, A-IV/2, and A-VIII/2 of the STCW Code concerning the following functions:

1. Navigation at operational level;

2. Cargo handling and stowage at operational level;

3. Vessel operation control and care of persons on board at operational level;

4. Communication at the operational level.

Article 6. Professional standards for deck officers of vessels from 50 GT to less than 500 GT on coastal voyages

Deck officers of vessels from 50 GT to less than 500 GT on coastal voyages must meet the professional standards specified in Sections A-II/3, A-IV/2, and A-VIII/2 of the STCW Code concerning the following functions:

1. Navigation at operational level;

2. Cargo handling and stowage at operational level;

3. Vessel operation control and care of persons on board at operational level;

4. Communication at the operational level.

Article 7. Professional standards for watchkeeping ratings

Watchkeeping ratings must meet the professional standards specified in Section A-II/4 of the STCW Code concerning navigation at assistance level.

Article 8. Professional standards for chief engineers and second engineers of vessels with main engine power of 750 kW and above

Chief engineers and second engineers of vessels with main engine power of 750 kW and above must meet the professional standards specified in Sections A-III/1, A-III/2, and A-VIII-2 of the STCW Code concerning the following functions:

1. Marine engineering technology at management level;

2. Electrical, electronic, and machinery control technology at management level;

3. Maintenance and repair at management level;

4. Vessel operation control and care of persons on board at management level.

Article 9. Professional standards for chief engineers and second engineers of vessels with main engine power from 75 kW to less than 750 kW and chief engineers of vessels with main engine power below 75 kW

Chief engineers and second engineers of vessels with main engine power from 75 kW to less than 750 kW and chief engineers of vessels with main engine power below 75 kW must meet the professional standards according to the training program prescribed by the Minister of Transport concerning the following functions:

1. Marine engineering technology at management level;

2. Electrical, electronic, and machinery control technology at management level;

3. Maintenance and repair at management level;

4. Vessel operation control and care of persons on board at management level.

Article 10. Professional standards for engineer officers of vessels with main engine power of 750 kW and above

Engineer officers of vessels with main engine power of 750 kW and above must meet the professional standards specified in Sections A-III/1 and A-VIII-2 of the STCW Code concerning the following functions:

1. Marine engineering technology at operational level;

2. Electrical, electronic, and machinery control technology at operational level;

3. Maintenance and repair at operational level;

4. Vessel operation control and care of persons on board at operational level.

Article 11. Professional standards for engineer officers of vessels with main engine power from 75 kW to less than 750 kW

Engineer officers of vessels with main engine power from 75 kW to less than 750 kW must meet the professional standards according to the training program prescribed by the Minister of Transport concerning the following functions:

1. Marine engineering technology at operational level;

2. Electrical, electronic, and machinery control technology at operational level;

3. Maintenance and repair at operational level;

4. Vessel operation control and care of persons on board at operational level.

Article 12. Professional standards for watchkeeping engineers

Watchkeeping engineers must meet the professional standards specified in Section A-III/4 of the STCW Code concerning marine engineering technology at assistance level.

Chapter III

SEAFARER SPECIALIST CERTIFICATES

Section 1

TYPES OF SPECIALIST CERTIFICATES

Article 13. Classification and Sample of Professional Certificates

1. The professional certificates for Vietnamese seafarers include the following types:

a) Certificate of Competency (referred to as CCC);

b) Basic Training Certificate;

c) Proficiency Training Certificate;

d) Special Training Certificate.

2. The samples of the professional certificates are specified in Appendix I of this Decision.

Article 14. Certificate of Competency

1. The CCC is issued by the Director of the Vietnam Maritime Administration to seafarers to assume positions as prescribed in this Decision, other relevant regulations of Vietnamese law, and in accordance with the provisions of the STCW Convention.

2. The CCC is valid for use for five years from the date of issuance.

Article 15. Basic Training Certificate

1. The Basic Training Certificate is issued by the training institution to seafarers who have completed the basic training program on survival techniques, fire prevention and extinguishing, basic first aid, life safety, and social responsibility in accordance with the provisions of the STCW Convention.

2. The Basic Training Certificate has no time limit for use.

Article 16. Special Training Certificate

1. The Special Training Certificate is issued by the training institution to seafarers who have completed one of the special training programs in accordance with the provisions of the STCW Convention, as follows: a) Familiarization with oil tankers, chemical carriers, liquefied gas carriers, passenger ships, or Ro-Ro passenger ships;

b) Advanced operation of oil tankers, chemical carriers, or liquefied gas carriers;

c) Crowd management;

d) Passenger safety, cargo safety, and hull integrity;

đ) Crisis management;

e) Safety.

2. The Special Training Certificate is valid for use for five years from the date of issuance.

Proficiency Training Certificate

Article 17. 1. The Proficiency Training Certificate is issued by the training institution to seafarers who have completed one of the proficiency training programs in accordance with the provisions of the STCW Convention, as follows:

a) Radar observation and plotting; b) Automatic Radar Plotting Aid (ARPA) equipment;

c) Global Maritime Distress and Safety System (GMDSS): General Operator's Certificate (GOC), Restricted Operator's Certificate (ROC);

d) Advanced firefighting;

đ) First aid;

e) Medical care;

g) Lifeboat, rescue boat;

h) High-speed rescue boat.

2. The GOC and ROC Proficiency Training Certificates are valid for use for five years from the date of issuance; other Proficiency Training Certificates have no time limit for use.

CONDITIONS FOR ISSUING THE CERTIFICATE OF COMPETENCY

Article 18. General Conditions To be eligible for the CCC, seafarers must meet the following general conditions:

Section 2

1. Meeting the age requirement and health standards as prescribed;

2. Graduating from a specialized maritime school in marine navigation or marine engine operation;

3. In the following cases, additional courses not previously taken or insufficiently covered must be supplemented:

a) Graduating from a specialized field as prescribed in Clause 2 of this Article at other schools;

b) Graduating from a similar specialized field at a specialized maritime school;

c) Graduating from inland waterway navigation or inland waterway engine operation at a specialized inland waterway school;

4. Having a valid file as prescribed in Article 43 of this Decision;

5. Meeting the professional requirements and time periods for assuming positions corresponding to each position as prescribed in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 of this Decision.

c) Graduated in the major of inland waterway vessel control or inland waterway vessel machinery from specialized inland waterway training institutions;

4. Have a valid file in accordance with Article 43 of this Decision;

5. Meet the professional and tenure requirements corresponding to each position as stipulated in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 of this Decision;

Article 19. Conditions for issuing the Certificate of Competency for Master and Chief Officer on vessels of 3,000 GT and above vessels of 3000 GT or more

1. Professional conditions:

a) Graduated from a university-level marine navigation major; in cases where the graduate has completed a college-level marine navigation major, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level C or higher;

c) Complete the vocational enhancement program as prescribed by the Ministry of Transport and achieve the results of the officer examination for managing vessels of 3,000 GT and above.

2. Time requirements for holding the position:

a) For Chief Officers: have held the position of deck officer on vessels of 500 GT and above for a minimum of 12 months;

b) For Masters: have held the position of Chief Officer on vessels of 3,000 GT and above for a minimum of 12 months, or have held the position of Master on vessels of 500 GT to less than 3,000 GT for a minimum of 12 months.

Article 20. Conditions for issuing the Certificate of Competency for Master and Chief Officer on vessels of 500 GT to less than 3,000 GT

1. Professional conditions:

a) Graduated from a college-level marine navigation major; in cases where the graduate has completed a vocational intermediate-level or professional intermediate-level major with a training period of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Complete the vocational enhancement program as prescribed by the Ministry of Transport and achieve the results of the officer examination for managing vessels of 500 GT to less than 3,000 GT.

2. Time requirements for holding the position:

a) For Chief Officers: have held the position of deck officer on vessels of 500 GT and above for a minimum of 12 months;

b) For Masters: have held the position of Chief Officer on vessels of 500 GT to less than 3,000 GT for a minimum of 12 months, or have held the position of Master on vessels of 50 GT to less than 500 GT for near-shore voyages for a minimum of 12 months.

Article 21. Conditions for issuing the Certificate of Competency for Master and Chief Officer on vessels of 50 GT to less than 500 GT not engaged in near-shore voyages

For Masters and Chief Officers on vessels of 50 GT to less than 500 GT not engaged in near-shore voyages: there are no specific conditions and separate issuance of the Certificate of Competency. Masters and Chief Officers on vessels of 50 GT to less than 500 GT not engaged in near-shore voyages must hold the Certificate of Competency for Masters and Chief Officers on vessels of 500 GT to less than 3,000 GT as stipulated in Article 20 of this Decision.

Article 22. Conditions for issuing the Certificate of Competency for Master and Chief Officer on vessels of 50 GT to less than 500 GT engaged in near-shore voyages

1. Professional conditions:

a) Graduated from a vocational intermediate-level or professional intermediate-level marine navigation major with a training period of 24 months; in cases where the graduate has completed a vocational intermediate-level major with a training period of less than 24 months or long-term vocational training from 12 to under 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level A or higher;

c) Complete the short-term vocational enhancement program as prescribed by the Ministry of Transport and achieve the results of the officer examination for managing vessels of 50 GT to less than 500 GT.

2. Time requirements for holding the position:

a) For Chief Officers: have held the position of deck officer on vessels of 50 GT to less than 500 GT engaged in near-shore voyages for a minimum of 12 months;

b) For Masters: have held the position of Chief Officer on vessels of 50 GT to less than 500 GT engaged in near-shore voyages for a minimum of 12 months.

Article 23. Conditions for issuing the Certificate of Competency for Master of Vessels under 50 GT

1. Professional conditions:

a) Completion of secondary education;

b) Completion of a short-term specialized training program in marine vessel control and achieving examination results in accordance with regulations of the Ministry of Transport; in cases where a person has completed a basic vocational level in marine vessel control, passing the examination is sufficient.

2. Sea service time requirement:

At least 12 months of sea service time.

Article 24. Conditions for issuing the Certificate of Competency for Deck Officer of Vessels from 500 GT upwards

1. Professional conditions:

a) Graduated from a college-level marine navigation major; in cases where the graduate has completed a vocational intermediate-level or professional intermediate-level major with a training period of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Achieving the examination results for Deck Officer of Vessels from 500 GT upwards.

2. Time requirements for holding the position:

a) Having recorded internship time of at least 12 months in the "Training Record Book" according to the training program meeting the requirements of Section A-II/1 of the STCW Convention or having at least 36 months of sea service time on vessels from 500 GT upwards, including at least 6 months serving in the watchkeeping rating position;

b) In cases where a person has served as a Deck Officer on vessels from 50 GT to less than 500 GT in near-coastal routes, they must have at least 6 months of sea service time on vessels from 500 GT upwards.

Article 25. Conditions for issuing the Certificate of Competency for Deck Officer of Vessels from 50 GT to less than 500 GT not in near-coastal routes

For Deck Officers of vessels from 50 GT to less than 500 GT not in near-coastal routes: there are no specific conditions and separate issuance of the Certificate of Competency. Deck Officers of vessels from 50 GT to less than 500 GT not in near-coastal routes must hold the Certificate of Competency for Deck Officer of vessels from 500 GT upwards as stipulated in Article 24 of this Decision.

Article 26. Conditions for issuing the Certificate of Competency for Deck Officer of Vessels from 50 GT to less than 500 GT in near-coastal routes

1. Professional conditions:

a) Graduation from a specialized vocational training program in marine vessel control at the intermediate level, with a training period of 24 months; in cases where a person has graduated from a specialized vocational training program in marine vessel control at the intermediate level with a training period of less than 24 months or has undergone long-term vocational training for less than 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level A or higher;

c) Achieving the examination results for Deck Officer of Vessels from 50 GT to less than 500 GT in near-coastal routes.

2. Time requirements for holding the position:

At least 36 months of sea service time on vessels from 50 GT upwards.

Article 27. Conditions for issuing the Certificate of Competency for Chief Engineer, Second Engineer of Vessels with main engine power from 3000 KW upwards

1. Professional conditions:

a) Graduation from a bachelor's degree program in marine vessel machinery operation; in cases where a person has graduated from a college-level program in marine vessel machinery operation, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level C or higher;

c) Completion of the professional development program as prescribed by the Ministry of Transport and achieving the examination results for Officer according to the management level of vessels with main engine power from 3000 KW upwards.

2. Time requirements for holding the position:

a) For Second Engineer: at least 12 months of experience in the position of Machinery Officer on vessels with main engine power from 750 KW upwards;

b) For Chief Engineer: at least 12 months of experience in the position of Second Engineer on vessels with main engine power from 3000 KW upwards or at least 12 months in the position of Chief Engineer on vessels with main engine power from 750 KW to less than 3000 KW.

Article 28. Conditions for issuing the Certificate of Competency for Chief Engineer, Second Engineer of vessels with main engine power from 750 KW to less than 3000 KW

1. Professional conditions:

a) Graduation from a college-level program in marine vessel machinery operation; in cases where a person has graduated from a specialized vocational training program in marine vessel machinery operation at the intermediate level or vocational training program at the intermediate level with a training period of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Completion of the professional development program as prescribed by the Ministry of Transport and achieving the examination results for Officer according to the management level of vessels with main engine power from 750 KW to less than 3000 KW.

2. Time requirements for holding the position:

a) For Second Engineer: at least 12 months of experience in the position of Machinery Officer on vessels with main engine power from 750 KW upwards;

b) For Chief Engineer: at least 12 months of experience in the position of Second Engineer on vessels with main engine power from 750 KW to less than 3000 KW or at least 12 months in the position of Chief Engineer on vessels with main engine power from 75 KW to less than 750 KW.

Article 29. Conditions for issuing the Certificate of Competency for Chief Engineer and Second Engineer on vessels with main engine power from 75 kW to less than 750 kW

1. Professional conditions:

a) Graduated from a marine engineering operation major at a vocational college or vocational school with a training period of 24 months; in cases where graduated from a marine engineering operation major at a vocational school with a training period of less than 24 months or completed a long-term vocational training program of less than 24 months, must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level A or higher;

c) Completed the professional training program as prescribed by the Ministry of Transport and achieved the results of the officer examination according to the management level of vessels with main engine power from 75 kW to less than 750 kW.

2. Time requirements for holding the position:

a) For Second Engineer: have at least 12 months of experience in the position of marine engineer on vessels with main engine power from 75 kW to less than 750 kW;

b) For Chief Engineer: have at least 12 months of experience in the position of Second Engineer on vessels with main engine power from 75 kW to less than 750 kW.

Article 30. Conditions for issuing the Certificate of Competency for Chief Engineer on vessels with main engine power below 75 kW

1. Professional conditions:

a) Completion of secondary education;

b) Completed a short-term specialized training program in marine engineering operation and achieved the examination results as prescribed by the Ministry of Transport; in cases where already graduated from a marine engineering operation major at a basic vocational level, only need to achieve the examination results.

2. Sea service time requirement: have at least 12 months of sea service.

Article 31. Conditions for issuing the Certificate of Competency for Officer Marine Engineer on vessels with main engine power of 750 kW or more

1. Professional conditions:

a) Graduation from a college-level program in marine vessel machinery operation; in cases where a person has graduated from a specialized vocational training program in marine vessel machinery operation at the intermediate level or vocational training program at the intermediate level with a training period of 24 months, they must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level B or higher;

c) Achieved the results of the officer examination for marine engineers on vessels with main engine power of 750 kW or more.

2. Time requirements for holding the position:

a) Have at least 12 months of internship recorded in the "Training Record Book" according to the training program meeting the requirements of Section A-III/1 of the STCW Convention or have at least 36 months of sea service on vessels with main engine power of 750 kW or more, including at least 06 months in the duty of watchkeeping engineer;

b) In cases where already held the position of marine engineer on vessels with main engine power from 75 kW to less than 750 kW, must have at least 06 months of sea service on vessels with main engine power of 750 kW or more.

Article 32. Conditions for issuing the Certificate of Competency for Officer Marine Engineer on vessels with main engine power from 75 kW to less than 750 kW

1. Professional conditions:

a) Graduated from a marine engineering operation major at a vocational college or vocational school with a training period of 24 months; in cases where graduated from a marine engineering operation major at a vocational school with a training period of less than 24 months or completed a long-term vocational training program of less than 24 months, must complete the advanced training program prescribed by the Ministry of Transport;

b) Possess an English proficiency certificate at level A or higher;

c) Achieved the results of the officer examination for marine engineers on vessels with main engine power from 75 kW to less than 750 kW.

2. Time requirements for holding the position:

Have at least 36 months of sea service on vessels with main engine power of 75 kW or more.

Article 33. Conditions for issuing the Certificate of Competency for Watchkeeping Seafarer and Watchkeeping Motorman

1. Watchkeeping Seafarer:

a) Graduated from a marine navigation control major at a vocational school with a training period of less than 24 months; in cases where graduated from a marine navigation control major at a basic vocational level, must complete the advanced training program prescribed by the Ministry of Transport;

b) Hold a basic training certificate;

c) Have at least 02 months of probationary period as a watchkeeping seafarer.

2. Watchkeeping Motorman:

a) Graduated from a marine engineering operation major at a vocational school with a training period of less than 24 months; in cases where graduated from a marine engineering operation major at a basic vocational level, must complete the advanced training program prescribed by the Ministry of Transport;

b) Hold a basic training certificate;

c) Have at least 02 months of probationary period as a watchkeeping motorman.

Section 3

ORGANIZATION OF OFFICER EXAMINATIONS

Article 34. Examination Board for Officers

1. The Examination Board for Officers (hereinafter referred to as the Examination Board) shall be established by the Director of the Vietnam Maritime Administration, consisting of from five to seven members: The Chairman of the Examination Board is the leadership of the Vietnam Maritime Administration; other members include representatives from the Department of Organization and Cadres - Ministry of Transport, relevant functional departments of the Vietnam Maritime Administration, and heads of training facilities.

2. The Examination Board has the following tasks:

a) Advising the Director of the Vietnam Maritime Administration to decide on: the list of candidates; establishing the Examination Committee for Officer Examinations (hereinafter abbreviated as the Examination Committee) to organize and grade the examinations; examination questions for each rank; recognizing the examination results;

b) Organizing, inspecting, supervising, and managing the examinations;

c) Compiling and reporting the examination results;

d) Handling violations of examination regulations.

Article 35. Examination Committee

1. The Examination Committee shall be established by the Director of the Vietnam Maritime Administration based on the proposal of the Chairman of the Examination Board.

2. The number of members of the Examination Committee depends on the number of candidates but must have at least three members, with at least one-third of the committee members not directly involved in teaching. Members of the Examination Committee are captains, chief engineers, teachers with competence, experience, and corresponding professional qualifications according to the requirements of each examination session.

3. Tasks of the Examination Committee:

a) Strictly, fairly, accurately, and correctly asking and grading exams to assess the candidates' level;

b) Detecting errors in the exam questions and promptly proposing adjustments to the Examination Board;

c) Detecting and recommending to the Chairman of the Examination Board negative phenomena during the examination for prompt resolution.

Section 4

CONFIRMATION, EXTENSION, REPLACEMENT, ISSUANCE AGAIN, REVOCATION OF SEAMAN'S BOOK

Article 36. Confirmation of Recognition of Seaman's Book

Foreign seafarers working on Vietnamese ships must hold a Certificate of Confirmation of Recognition of Seaman's Book issued by the Director of the Vietnam Maritime Administration in accordance with the provisions of the STCW Convention.

Article 37. Extension, Replacement, Reissue, Revocation of Seaman's Book

1. A Seaman's Book that has expired may be extended if the seafarer meets the following conditions:

a) Within the working age and meeting health standards as prescribed;

b) Having held a position corresponding to the Seaman's Book for a total of twelve months or more within five years; in cases where this period is not met, they must undergo a three-month probationary period according to the position of the Seaman's Book.

2. A Seaman's Book that is damaged or torn can be replaced.

3. A Seaman's Book that is lost can be reissued if the seafarer submits a request for reissuance confirmed by the port authority, police agency, People's Committee of the commune or ward, or another competent authority.

4. A Seaman's Book will be revoked if the seafarer falsifies application documents to take the examination or alters, forges, sells, rents, or lends the Seaman's Book. The Director of the Vietnam Maritime Administration decides on the revocation.

5. Based on the original file, the Director of the Vietnam Maritime Administration decides on the extension, replacement, or reissuance of the Seaman's Book.

Section 5

TRAINING AND TRAINING FACILITIES

Article 38. Basic Training

1. Seafarers who graduate from specialized maritime training institutions shall be issued a certificate of basic training by such institution.

2. In cases where seafarers have not undergone basic training, they must complete the basic training program as prescribed and obtain a certificate from the training facility.

Article 39. Special Training

1. Special training shall be applied to seafarers working on oil tankers, chemical carriers, liquefied gas carriers, passenger ships, and Ro-Ro passenger ships.

2. Special training for seafarers working on oil tankers, chemical carriers, and liquefied gas carriers includes familiarization training and advanced training.

3. Special training for seafarers working on passenger ships and Ro-Ro passenger ships includes familiarization training and specific training for each position.

4. For oil tankers, chemical carriers, liquefied gas carriers, passenger ships, and Ro-Ro passenger ships, a certificate of familiarization training shall be issued to seafarers who have completed the familiarization training program and passed the examination as prescribed.

5. For oil tankers, chemical carriers, and liquefied gas carriers, a certificate of advanced training shall be issued to the master, chief engineer, first officer, second engineer, officers, and other seafarers responsible for cargo handling and care who have completed the advanced training program and passed the examination as prescribed.

6. For Ro-Ro passenger ships, a special training certificate shall be issued upon completion of one or all of the following training contents:

a) The master, first officer, officers, and other seafarers assigned to assist passengers in emergency situations have completed crowd management training and passed the examination as prescribed;

b) The master, first officer, chief engineer, second engineer, and other seafarers responsible for passenger embarkation and disembarkation, cargo handling, securing, opening and closing side doors, bow and stern doors have completed passenger safety, cargo safety, and hull integrity training and passed the examination as prescribed;

c) The master, first officer, chief engineer, second engineer, and other seafarers responsible for passenger safety in emergency situations have completed crisis management, emergency response training and passed the examination as prescribed;

d) Seafarers directly serving passengers in passenger areas have completed safety training and passed the examination as prescribed.

7. For passenger ships, a special training certificate shall be issued upon completion of one or all of the following training contents:

a) Seafarers with the responsibility to assist passengers in emergency situations have completed crowd management training and passed the examination as prescribed;

b) The master, first officer, and seafarers responsible for passenger embarkation and disembarkation have completed passenger safety training and passed the examination as prescribed;

c) The master, first officer, chief engineer, second engineer, and seafarers responsible for passenger safety in emergency situations have completed crisis management, emergency response training and passed the examination as prescribed;

d) Seafarers directly serving passengers in passenger areas have completed safety training and passed the examination as prescribed.

Article 40. Vocational Training

1. Radar Observation and Plotting:

A certificate of vocational training in radar observation and plotting shall be issued to the master, first officer, and deck officers who have completed the course and passed the examination as prescribed.

2. ARPA:

A certificate of vocational training in ARPA shall be issued to the master, first officer, and deck officers who have completed the course and passed the examination as prescribed.

3. GMDSS:

a) A general operator's certificate (GOC) shall be issued to the master, first officer, and deck officers working on ships equipped with GMDSS operating in sea area A2, A3, A4 who have completed the general operator's course and passed the examination as prescribed by the Minister of Posts and Telecommunications;

b) A restricted operator's certificate (ROC) shall be issued to the master, first officer, and deck officers working on ships equipped with GMDSS operating in sea area A1 who have completed the restricted operator's course and passed the examination as prescribed.

4. Advanced Firefighting:

A certificate of vocational training in advanced firefighting shall be issued to deck officers, engine officers who have completed the advanced firefighting training program and passed the examination as prescribed.

5. First Aid:

A certificate of vocational training in first aid shall be issued to deck officers, engine officers who have completed the first aid training program and passed the examination as prescribed.

6. Medical Care:

A certificate of vocational training in medical care shall be issued to the master, first officer, and seafarers responsible for medical care on board who have completed the training program and passed the examination as prescribed.

7. Life Rafts and Rescue Boats:

A certificate of vocational training in life rafts and rescue boats shall be issued to deck officers, engine officers, boatswain, chief engineers who have completed the training program and passed the examination as prescribed.

8. High-Speed Rescue Boats:

A certificate of vocational training in high-speed rescue boats shall be issued to deck officers, engine officers, boatswain, chief engineers working on ships equipped with high-speed rescue boats who have completed the training program and passed the examination as prescribed.

Seafarers wishing to undergo training and obtain a certificate of vocational training in high-speed rescue boats must hold a certificate of vocational training in life rafts and rescue boats.

Article 41. Confirmation of Issuance of Certificate

Vietnamese seafarers who have been issued special training certificates for familiarization and advanced training on oil tankers, chemical carriers, liquefied gas carriers, GOC, and ROC must be issued a confirmation of certificate issuance by the Vietnam Maritime Administration.

Article 42. Training Institutions

1. A training institution is a maritime training facility equipped with facilities as stipulated in Appendix II of this Decision and approved by the Minister of Transport.

2. The training institutions shall be responsible for:

a) Organizing training according to the approved program;

b) Organizing examinations and evaluating examination results;

c) Issuing training certificates;

d) Annually reporting to the Vietnam Maritime Administration on the training situation, issuance of training certificates, and internal assessment in accordance with the STCW Convention.

3. Within a five-year period, training institutions must undergo independent evaluation in accordance with the STCW Convention.

Chapter 6

APPLICATIONS FOR ISSUANCE AND CONFIRMATION OF SPECIAL TRAINING CERTIFICATES AND TRAINING CERTIFICATES AND THE AUTHORITIES AND ORGANIZATIONS RECEIVING SUCH APPLICATIONS

AND THE AGENCIES, ORGANIZATIONS RECEIVING THE FILES

Article 43. Application for Advanced Training Courses, Professional Refresher Courses, Examinations, Issuance, and Confirmation of Special Training Certificates and Training Certificates

1. The application for advanced training courses, professional refresher courses, officer examinations includes:

a) Application form;

b) Copies of graduation diplomas in relevant fields and certificates of study in unrelated fields (if applicable);

c) Curriculum vitae with confirmation from the seafarer management organization or the People's Committee of the district where the applicant is registered;

d) Copy of the special training certificate;

đ) Health certificate according to the model prescribed in Appendix III of this Decision;

e) Copies of vocational training certificates and English proficiency certificates as required for the position being applied for;

g) Declaration of sea service time and position held with confirmation from the seafarer management organization; copy of the Seafarer Passport or Seafarer Logbook;

h) Three color photographs measuring 3 x 4 cm.

2. The application for issuance of special training certificates for masters and chief engineers includes:

a) Request letter from the seafarer management organization;

b) Declaration of time served in the position of chief mate or second engineer corresponding to the position indicated on the special training certificate with confirmation from the seafarer management organization;

c) Copy of the special training certificate for chief mate or second engineer;

d) Copy of the Seafarer Passport or Seafarer Logbook with confirmation from the seafarer management organization;

đ) Three color photographs measuring 3 x 4 cm.

3. The application for issuance of special training certificates for watchkeeping officers and watchkeeping engineers includes:

a) Copy of the graduation diploma in the relevant field and certificate of study in unrelated fields (if applicable);

b) Copy of the basic training certificate with confirmation from the seafarer management organization;

c) Request letter from the seafarer management organization specifying the period of watchkeeping training;

d) Three color photographs measuring 3 x 4 cm.

4. The application for extension, replacement, reissuance of special training certificates and replacement, reissuance of training certificates includes:

a) Application form confirmed by the seafarer management organization, indicating full name, date of birth, place of birth, workplace, date of issuance of the special training certificate and training certificate, time served in the position, and reasons for the request;

b) Special training certificate and training certificate;

c) Confirmation from port authorities, public security agencies, People's Committees of communes or other competent authorities in cases of loss;

d) Three color photographs measuring 3 x 4 cm.

5. The application for issuance of a certificate confirming the issuance of a certificate includes:

a) Request letter from the seafarer management organization;

b) Copy of the GOC, ROC, or special training certificate;

c) Three color photographs measuring 3 x 4 cm.

6. The application for issuance of a certificate confirming recognition of special training certificates includes:

a) Request letter from the seafarer management organization specifying the duration of the labor contract;

b) Special training certificate (to be presented in original form).

c) Three color photographs measuring 3 x 4 cm.

Article 44. Agencies and organizations receiving applications

1. Training institutions shall receive applications for advanced training courses, vocational training courses, and officer examinations.

2. Training institutions that have previously issued training certificates shall receive applications for certificate renewal and reissue.

3. The Vietnam Maritime Administration shall receive applications for issuance of competency certificates, certificates confirming the issuance of certificates, and certificates recognizing competency certificates.

Chapter IV

MINIMUM STAFFING FRAMEWORK

Article 45. Minimum safety staffing framework

1. General provisions applicable to Vietnamese vessels

a) Minimum safety staffing framework for deck department based on gross tonnage (GT)

 

(*) In cases where the deck officer holds a relevant professional certificate to operate radio equipment on board, there is no need to assign a Radio Officer position.

b) Minimum safety staffing framework for engine department based on main engine power (KW)

 

2. Based on the technical characteristics, degree of automation, and operational area of the vessel, the vessel registration authority shall determine the minimum safety staffing framework suitable for the actual operation of the vessel.

3. For passenger vessels, based on their technical characteristics, number of passengers, and operational area, the vessel registration authority shall specify the minimum safety staffing framework but must allocate at least one additional crew member responsible for passengers compared to the provisions of Clause 1 of this Article.

4. For public service vessels, based on the size, technical characteristics, and operational area of the vessel, the vessel registration authority shall determine the minimum safety staffing framework.

5. The model of the Certificate of Minimum Safety Staffing Framework is stipulated in Appendix IV of this Decision.

Article 46. Crew allocation on Vietnamese vessels

1. The shipowner is responsible for allocating crew members working on Vietnamese vessels in accordance with the conditions prescribed in Clause 2 of Article 46 of the Vietnam Maritime Code.

2. The allocation of crew members to positions on Vietnamese vessels must meet the following requirements:

a) They must hold a Competency Certificate, and appropriate training certificates corresponding to the position they undertake;

b) Crew members assigned to work on oil tankers, chemical carriers, liquefied gas carriers, passenger ships, and Ro-Ro passenger ships, in addition to the Competency Certificate and other training certificates required for general maritime operations, must also hold specific training certificates corresponding to their positions on these types of vessels.

3. Principles for allocating positions in certain special cases:

a) For the allocation of captain, chief mate, chief engineer, second engineer, deck officer, and engine officer positions on tugboats, construction vessels, search and rescue vessels, and other public service vessels, the Vietnam Maritime Administration shall base on the vessel's size, technical characteristics, and operational area to guide the vessel registration authority in implementation;

b) In cases where the vessel is underway at sea and the captain or chief engineer is no longer capable of fulfilling their duties, the shipowner or vessel operator may assign the chief mate or second engineer to replace the captain or chief engineer to continue the voyage but only until the first port of call;

c) The captain of a passenger ship must have at least 24 months of experience serving as captain of a non-passenger ship of the same class or at least 24 months of experience as chief mate of a passenger ship.

Chapter V

IMPLEMENTING PROVISIONS

Article 47. Effective Date

1. This Decision takes effect from January 1, 2006, and replaces Decision No. 1387/1998/QĐ-BGTVT dated June 3, 1998, of the Minister of Transport on the issuance of regulations on training, issuing professional certificates, and assuming positions of seafarers on Vietnamese vessels, and Decision No. 1581/1999/QĐ-BGTVT dated June 30, 1999, of the Minister of Transport on the issuance of the Minimum Safety Staffing Framework for Vietnamese vessels.

2. Professional certificates already issued or renewed under Decision No. 1387/1998/QĐ-BGTVT dated June 3, 1998, of the Minister of Transport on the issuance of regulations on training, issuing professional certificates, and assuming positions of seafarers on Vietnamese vessels, and Certificates of Minimum Safety Staffing Framework already issued under Decision No. 1581/1999/QĐ-BGTVT dated June 30, 1999, of the Minister of Transport on the issuance of the Minimum Safety Staffing Framework for Vietnamese vessels shall retain their validity.

3. Seafarers holding Competency Certificates issued under Decision No. 2115/2001/QĐ-BGTVT dated July 4, 2001, and Decision No. 103/2002/QĐ-BGTVT dated January 11, 2002, of the Minister of Transport (Competency Certificates granted through special conversion) can only be allocated to work on vessels with gross tonnage or main engine power corresponding to the issued Competency Certificate. Seafarers holding such Competency Certificates wishing to upgrade to higher positions or higher-class vessels must meet the corresponding conditions stipulated in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32 of this Decision. corresponding to the issued Certificate of Competency. Seafarers holding this Certificate of Competency who wish to upgrade to a higher rank or to a higher vessel grade must meet the corresponding conditions as stipulated in Articles 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32 of this Decision.

Article 48. Implementation organization

1. The Director of the Vietnam Maritime Administration shall organize the implementation, guidance, and inspection of the enforcement of this Decision.

2. The Head of the Office, the Inspector General of the Ministry, the Heads of Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Decision./.