Decision No. 750/2000/QD-BGTVT Issuing the Regulations on Training, Updating Refresher Courses, Examination, and Issuance of Professional Certificates for Marine Pilots

Pursuant to …;

Issuing Regulations on Training, Refresher Courses, Examinations, and Issuanceof Professional Certificates for Marine Pilots

and issue certificates for marine pilot professionals

 

THE MINISTER OF TRANSPORTATION

Pursuant to Article 158 of the Vietnam Maritime Code issued on December 30,1990, and Resolution A.485 (XII) of the International Maritime Organization (IMO);

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government stipulatingthe duties, authorities, and responsibilities of the Ministry of Transport in stateadministration;

At the proposal of the Director of the Personnel and Labor Department and theDirector General of the Vietnam Maritime Administration.

 

DECISION:

Article 1. Attached herewith are the "Regulations on Training, Refresher Courses,Examinations, and Issuance of Professional Certificates for Marine Pilots".

Article 2. These Regulations shall take effect fifteen days from the date of signature; allprevious regulations concerning the organization of training, refresher courses,examinations, and issuance of professional certificates for marine pilots thatcontravene these Regulations shall be abolished.

Article 3. The Permanent Secretary of the Ministry, the Director of the Personnel andLabor Department, the Director General of the Vietnam Maritime Administration,and the Heads of relevant agencies and units are responsible for implementingthese Regulations.Training, refresher courses, examinations, and issuance of professionalcertificates for marine pilots.

REGULATIONS

(Issued together with Decision No. 750/2000/QĐ-BGTVT dated March 30, 2000 ofthe Minister of Transport)

These Regulations govern the training, refresher courses, organization ofexaminations, and issuance of professional certificates for marine pilots forVietnamese marine pilots.

1. All activities related to training, refresher courses, organization ofexaminations, and issuance of professional certificates for marine pilots forVietnamese marine pilots must comply with the provisions of these Regulations.

Chapter I

GENERAL PROVISIONS

Article 1:2. Only those Vietnamese marine pilots who have undergone training, refreshercourses, taken examinations, and been issued professional certificates for marinetraffic control according to the provisions of these Regulations may engage inmarine pilotage in Vietnam.

Article 2:General Principles

3. Vietnamese marine pilots over sixty years old may not engage in marine pilotage.

In exceptional cases, the Director General of the Vietnam MaritimeAdministration may consider individual cases based on actual needs and therecommendation of the Director of the Pilotage Organization to allow seniorVietnamese marine pilots over sixty years old to lead ships under the conditionsthat such pilots must be in good health, possess adequate professional knowledgeand skills, not exceed sixty-two years of age, and submit a voluntary applicationto continue engaging in marine pilotage.

4. The Director of the Pilotage Organization must hold a Bachelor's Degree inMaritime Studies and have at least five years of experience in marine pilotage;possess organizational management capabilities, understand maritime laws, otherrelevant laws of Vietnam, and international treaties related to maritime affairswhich Vietnam has signed or recognized.

5. It is strictly prohibited to assign individuals without professional certificatesfor marine pilotage, who are not of appropriate age and health, to lead ships incompulsory pilotage areas in Vietnam.

SYSTEM OF PROFESSIONAL CERTIFICATES AND TITLES FOR MARINE PILOTS

1. The system of professional certificates for marine pilots includes:

 Chapter II

a) "Certificate of Professional Competence for Marine Pilot" (hereinafterreferred to as "Professional Competence Certificate"): This certificate is issued tomarine pilots who have the necessary professional competence to assume theposition of marine pilot in accordance with the provisions of Chapters III and V ofthese Regulations.

Article 3:

b) "Zone of Operation Certificate for Marine Pilot": This certificate is issued tomarine pilots who already hold a Professional Competence Certificate and havemet the required internship period as stipulated in Chapter VI of these Regulations.

2. Models of professional certificates for marine pilots:

The models of professional certificates for marine pilots are approved by theMinister of Transport based on the proposal of the Vietnam MaritimeAdministration. The Vietnam Maritime Administration is responsible fororganizing printing, distribution, management, and guidance on the issuance andrenewal of professional certificates for marine pilots throughout the country.

Provisions on titles of marine pilots

1. Titles of marine pilots include:

Article 4:a) Third-Class Marine Pilot;

b) Second-Class Marine Pilot;

c) First-Class Marine Pilot;

d) Senior Marine Pilot.

2. Scope of practice for each title of marine pilot:

A marine pilot holding a Professional Competence Certificate of a certainclass may only engage in marine pilotage on vessels within the limits of that classas follows:

a) Third-Class Marine Pilot:

A third-class marine pilot may only lead vessels with a total gross tonnageunder 4,000 GT or a maximum length of 115 meters.

b) Second-Class Marine Pilot:

A second-class marine pilot may only lead vessels with a total gross tonnageunder 10,000 GT or a maximum length of 145 meters.

c) First-Class Marine Pilot:

A first-class marine pilot may only lead vessels with a total gross tonnageunder 20,000 GT or a maximum length of 175 meters.

d) Senior Marine Pilot:

A senior marine pilot may lead all types of vessels without restrictions ontotal gross tonnage or vessel length.

d) Elite Marine Pilot:

An elite marine pilot is permitted to guide all types of seagoing vessels without limitation on total gross tonnage or vessel length.

Chapter III

CONDITIONS FOR ISSUANCE OF THE CERTIFICATE OF COMPETENCY

SEAMAN'S PILOTAGE SPECIALIZATION

Article 5:General Provisions

To be issued with the Certificate of Competency for Seamanship Pilotage (CPCSP), the following general conditions must be met:

1. Possess a health certificate complying with current standards for seamanship pilotage;

2. Have graduated from a maritime academy at the college level or higher in marine navigation;

If graduating from other institutions (such as Naval Academy, Fisheries School...), they must also meet the additional condition: Must complete supplementary courses in subjects not previously studied or insufficiently studied at schools designated by the Ministry of Transport and obtain a completion certificate from those schools.

3. Have completed a vocational training course in seamanship pilotage;

4. Undergo continuous professional knowledge updates and specialized English language proficiency commensurate with the ranks of seamanship pilots (except for third-class seamanship pilots);

5. Meet the required period of practical training or safe vessel guidance according to the rank specified in Article 6 of this Regulation;

6. Complete all application documents as prescribed by the Vietnam Maritime Administration.

Article 6:Specific Standards

In addition to the general conditions stipulated in Article 5 of this Regulation, the following specific standards must be met to issue the CPCSP for each rank:

1. Third-Class Seamanship Pilot:

Has undergone third-class seamanship pilot practical training under the guidance of a seamanship pilot holding a CPCSP for a minimum of 36 months or has safely guided at least 300 vessels and received confirmation from the pilot unit providing such training.

2. Second-Class Seamanship Pilot:

a) Hold a CPCSP for third-class seamanship pilot, independently safely guided at least 200 vessels as a third-class seamanship pilot or has satisfactorily performed the duties of a third-class seamanship pilot for at least 24 months.

b) For individuals holding a CPCSP for master of sea-going vessels with a gross tonnage of 500 GT or more and have served as master for at least 36 months, they may take the examination for issuance of a CPCSP for second-class seamanship pilot provided they meet the following conditions:

i) Have graduated from a maritime academy at the college level or higher;

ii) Have completed a vocational training course in seamanship pilotage;

iii) Have safely guided at least 150 vessels with a gross tonnage of 4,000 GT or more as a second-class seamanship pilot trainee or have undergone second-class seamanship pilot training for at least 12 months and received confirmation from the pilot unit providing such training.

3. First-Class Seamanship Pilot:

Have graduated from a maritime academy at the bachelor's degree level; Hold a CPCSP for second-class seamanship pilot, independently safely guided at least 200 vessels as a second-class seamanship pilot or satisfactorily performed the duties of a second-class seamanship pilot for at least 24 months; Additionally, must have undergone first-class seamanship pilot training for at least six months or safely guided at least 30 vessels with a gross tonnage of 10,000 GT or more under the guidance of a first-class seamanship pilot holding a CPCSP and received confirmation from the pilot unit providing such training.

4. Extraordinary Seamanship Pilot:

Have graduated from a maritime academy at the bachelor's degree level; Hold a CPCSP for first-class seamanship pilot, independently safely guided at least 300 vessels as a first-class seamanship pilot or satisfactorily performed the duties of a first-class seamanship pilot for at least 36 months; Additionally, must have undergone extraordinary seamanship pilot training for at least six months or safely guided at least 30 vessels with a gross tonnage of 20,000 GT or more under the guidance of an extraordinary seamanship pilot holding a CPCSP and received confirmation from the pilot unit providing such training.

 Chapter IV

PROGRAM AND TRAINING AND UPDATING FACILITIES FOR SEAMEN'S PILOTS

SUBJECT MATTER SPECIALIZATION TRAINING PROGRAM FOR SEAMEN'S PILOTS

Article 7:Training and updating program

1.To meet the system of professional certificates for seamen's pilots as prescribedin Article 3 of this Regulation, the training and updating programs for seamen'spilots must comply with the contents stipulated in Resolution A.485(XII) of theInternational Maritime Organization and be suitable to the actual conditions ofseamen's pilots in Vietnam.

2.The Vietnam Maritime Administration shall be responsible for organizing andcooperating with relevant units to draft the training and updating programs forseamen's pilots to submit to the Ministry of Transport for approval.

Article 8:Training and updating facilities for new specialized knowledge for seamen'spilots (referred to as training facilities)

1.Courses for training and updating new specialized knowledge for seamen's pilotsare organized at training facilities which serve as the basis for issuing,converting, and renewing GCNKNCM HTHH for each category of seamen's pilots.

2.Training facilities must ensure that they organize training and updating ofnew specialized knowledge for seamen's pilots according to the approved programby the Ministry of Transport.

3.Training facilities mentioned in this Regulation must satisfy all conditionsand standards regarding infrastructure, equipment, materials, and faculty andmust be permitted by the Ministry of Transport.

4.Every year, the Ministry of Transport will inspect training facilities that havebeen granted licenses by the Ministry. The Ministry will revoke the pilottraining license from those facilities that fail to comply with the regulationsof the Ministry.

5.Training facilities granted pilot training licenses have the obligation to:

a)Organize training and updating according to the program approved by theMinistry.

b)Monitor and evaluate the results of training and updating courses.

c)Manage training and updating through a computer network connected to theVietnam Maritime Administration’s Certificate Management Center.

d)Report on the course situation after each training and updating session to theVietnam Maritime Administration.

Chapter V

REGULATIONS ON EXAMINATION AND ISSUANCE OF

PROFESSIONAL CAPABILITY CERTIFICATES FOR SEAMEN'S PILOTS

Article 9:

Based on actual needs, the Vietnam Maritime Administration directs the openingof training and updating courses and organizes examinations to issue GCNKNCMHTHH for Vietnamese Seamen's Pilots.

Article 10:

1.The Director of the Vietnam Maritime Administration issues a decision toestablish the Examination Board for Seamen's Pilots for each examination perioddepending on the content and scale of each training course.

The Examination Board for Seamen's Pilots consists of members: The Chairman isthe person authorized by the Director of the Vietnam Maritime Administration,other members include representatives from the functional departments of theAdministration, heads of training facilities, representatives from the centraltraining management agency, and the Head of the Examination Board.

2.The Examination Boards for Seamen's Pilots are selected and proposed by theExamination Board for Seamen's Pilots to the Director of the Vietnam MaritimeAdministration for decision, including members meeting the followingprofessional criteria:

a)Seamen's Pilots holding GCNKNCM HTHH for a certain category who have served intheir respective positions for at least three years, or for the same category inthe case of extraordinary Seamen's Pilots.

b)First-class Ship Captains who have served in their respective positions for atleast three years and experts with high professional reputation.

In addition to the above professional criteria, members of the ExaminationBoard must be individuals with good moral character, healthy lifestyles, honesty;free from corruption and must possess pedagogical knowledge.

Article 11:

The Examination Board for issuing GCNKNCM HTHH has the responsibility toadvise the Director of the Vietnam Maritime Administration on directing andsupervising Seamen's Pilot examinations, specifically:

1.Reviewing candidate lists for each examination course based on the conditionsstipulated in Chapter III of this Regulation;

2.Preparing examination questions;

3.Conducting and monitoring examinations;

4.Dealing with incidents occurring during examinations (if any);

5.Conducting grading;

6.Summarizing examination results and reporting to the Director of the VietnamMaritime Administration for approval.

Article 12:

1.Based on the minutes of the Examination Board, the Director of the VietnamMaritime Administration issues a decision recognizing successful candidates forissuing, converting, or renewing GCNKNCM HTHH for Seamen's Pilots.

2.Candidates who pass all subjects as required (scoring 5 or higher out of 10)will be recognized as successful in the examination.

3.In cases where candidates only pass half of the subjects, the results of thesesubjects will be retained for one year.

Article 13

1.GCNKNCM HTHH issued to seamen of all categories is valid for use for fiveyears from the date of issuance.

2.When the validity period expires, to extend or convert/reissue, the followingtwo conditions must be met:

a)Meet the age and health requirements stipulated in Clause 3, Article 2 andClause 1, Article 5 of this Regulation;

b)Have served in a position corresponding to the GCNKNCM HTHH for a total of 24months or more within five years.

3.In cases where holders of expired GCNKNCM HTHH meet the criteria stipulated inPoint a but not in Point b, Clause 2 of this Article, they must undergo at leastthree months of internship to extend, convert, or reissue.

Article 14:

In cases where Seamen's Pilots violate laws causing consequences, the Directorof the Vietnam Maritime Administration may suspend their practice or revoke theirprofessional certificates depending on the severity of the violation. The revocationof Seamen's Pilot professional certificates is proposed by the Examination Boardfor Seamen's Pilots to the Director of the Vietnam Maritime Administration forconsideration and decision.

Chapter VI

REGULATIONS ON THE ISSUE OF AREA CERTIFICATES

FOR SEAMEN'S PILOTS

Article 15:

Based on the issued GCNKNCM HTHH and internship time, the Director of theVietnam Maritime Administration issues the "Area Certificate for Seamen'sPilot Operations" according to the following principles:

1.Persons who have GCNKNCM HTHH and have completed safe vessel maneuveringinternships as stipulated in Article 6 of this Regulation in a specific area willbe issued the "Area Certificate for Seamen's Pilot Operations" for thatarea.

2. The issuance of the "Certificate of Pilotage Area" shall be proposed by the Director of the pilotage organization and confirmed regarding the actual ability to lead vessels of such pilot by the director of the maritime port area where the pilot operates.

Article 16:

The "Certificate of Pilotage Area" has a usage period equal to the validity period of the Certificate of Competency for Marine Pilots issued, and during the time the Certificate of Competency for Marine Pilots remains valid, the following applies:

1. A marine pilot who is granted a "Certificate of Pilotage Area" for a specific pilotage area may only practice their profession within that area.

2. When transferring to another area, a marine pilot must undergo at least six months of internship and can only commence operations after being issued a "Certificate of Pilotage Area" for that new area.

ChươPart VII

IMPLEMENTING PROVISIONS

Article 17:

1. The provisions on standards for examinations and issuance of certificates of specialized qualifications for marine pilots set forth in Decision No. 2384/QD-BGTVT dated November 17, 1994, of the Minister of Transport, shall remain effective until the Vietnam Maritime Administration organizes the first training course for updating and issuing various types of certificates of specialized qualifications for marine pilots according to the regulations of this Regulation.

2. The Vietnam Maritime Administration shall be responsible for preparing and submitting to the Ministry of Transport for approval draft programs for training and updating, proposals for training facilities, and samples of certificates of specialized qualifications for marine pilots according to the regulations of this Regulation before February 1, 2001.                  

Article 18:

1. The Vietnam Maritime Administration shall provide guidance on the procedures and methods for converting old certificates of specialized qualifications for marine pilots to new corresponding certificates.

2. The conversion of Licenses for Marine Pilots and Certificates of Pilotage Areas issued according to the provisions accompanying Decision No. 2384/QD-BGTVT dated November 17, 1994, of the Minister of Transport to new corresponding Certificates of Competency for Marine Pilots and Certificates of Pilotage Areas must be completed before February 1, 2005.

3. The Licenses for Marine Pilots and Certificates of Pilotage Areas issued according to the provisions accompanying Decision No. 2384/QD-BGTVT dated November 17, 1994, of the Minister of Transport shall continue to be valid for use until February 1, 2005.

4. After February 1, 2005, the Licenses for Marine Pilots and Certificates of Pilotage Areas referred to in Clause 3 of this Article shall become invalid.

Article 19:

The Director of the Vietnam Maritime Administration shall coordinate with the Director of the Department of Organization and Labor to organize guidance and inspection of the implementation of this Regulation.