Decree No. 78/2016/ND-CP on conditions for operating training services for seafarers and inland waterway vessel operators

DECREE

Article 24||| Specifies the Conditions for Operating Training Services for Seafarers and Inland Waterway Vessel Operators. ||| Vessel Operators inland waterway vessels

||| Pursuant to the Government Organization Law on June 19, 2020,15;

||| Pursuant to the Inland Waterway Transport Law on June 15, 2004, and the Law Amending and Supplementing Certain Articles of the Inland Waterway Transport Law on June 17, 2014;

Pursuant to the Investment Law dated November 26, 2014;

||| Pursuant to the Vocational Education and Training Law on November 27, 2019,14;

At the proposal of the Minister of Transport;

||| The Government issues this Decree to specify the Conditions for Operating Training Services for Seafarers and Inland Waterway Vessel Operators. ||| Vessel Operators ||| Inland Waterway Vessels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Decree stipulates the Conditions for Operating and Issuing Certificates of Eligibility for Training Services for Seafarers and Inland Waterway Vessel Operators in Vietnam.

Article 2. Applicability

1. ||| This Decree applies to business entities operating training services for seafarers and inland waterway vessel operators and other agencies, organizations, and individuals related to such business activities in Vietnam.

2. ||| This Decree does not apply to the training of seafarers and inland waterway vessel operators by military and police forces performing national defense and security duties.

3 ||| Business Entity Operating Training Services for Seafarers and Inland Waterway Vessel Operators

||| A business entity operating training services for seafarers and inland waterway vessel operators (hereinafter referred to as a training institution) must be legally established and meet the conditions for training institutions as prescribed in this Decree and relevant laws.

4 ||| Classification of Training Institutions

||| Training institutions are divided into four types, including:

1. ||| Type 1 Training Institution: Authorized to train, supplement, and enhance to issue various types of certificates of professional competence and professional certificates as prescribed by the Inland Waterway Transport Law.

2. ||| Type 2 Training Institution: Authorized to train, supplement, and enhance to issue certificates of professional competence from Class II downwards and professional certificates.

3. ||| Type 3 Training Institution: Authorized to train, supplement, and enhance to issue certificates of professional competence from Class III downwards and professional certificates.

4. ||| Type 4 Training Institution: Authorized to train, supplement, and enhance to issue certificates of professional competence for Class IV Master and vocational certificates.

Chapter II

CONDITIONS FOR TRAINING INSTITUTIONS

5 ||| Conditions for Professional Classrooms, Examination Rooms, and Inspection Rooms

1. ||| The system of professional classrooms and examination and inspection rooms must comply with technical standards issued by the Minister of Transport, including: Classroom for inland waterway transport law, classroom for inland waterway vessel operation control, classroom for theoretical machine-electric knowledge, and basic maritime vocational classroom.

2. ||| Examination and inspection rooms may be arranged together with professional classrooms.

6 ||| Practical Workshops

||| Practical workshops must comply with technical standards issued by the Minister of Transport, including: Cold-mechanical practical workshop, machine-electric practical workshop.

7 ||| Training Area for Vessel Operation and Machinery Operation

1. ||| The training area for vessel operation and machinery operation must ensure there is water for training in vessel operation and machinery operation of inland waterway vessels and a wharf for training master classes from Class II upwards, in compliance with technical standards issued by the Minister of Transport.

2. ||| There must be sufficient training vessels according to the types and levels of certificates of professional competence and professional certificates. For training vessels, they must have legal registration and inspection documents, maritime equipment, life-saving, firefighting, and oil-spill prevention equipment, and must display a "Training Vessel" sign in a visible position during training.

Article 8. Content and Training Program

The content and training program shall be implemented in accordance with the regulations of the Minister of Transport.

Article 9. Teaching Staff

1. General standards for teachers include: having a clear background; good moral character and ethics; sufficient health to work; having graduated from a college of education or a technical college of education or higher, or holding a teaching profession certificate if not graduating from such colleges.

2. For theoretical teachers, in addition to the general standards stipulated in Clause 1 of this Article, theoretical teachers must have graduated from a junior college or higher, or hold a vocational skill certificate in the correct specialty or equivalent specialty assigned to teach, in accordance with the law on vocational education.

3. For practical teachers, in addition to the general standards stipulated in Clause 1 of this Article, they must also meet the following standards:

a) Practical teachers for ship captains and chief engineers must hold a professional capability certificate for ship captains and chief engineers at least one higher class than the class of the professional capability certificate assigned to teach.

b) Practical teachers for first-class ship captains and chief engineers must hold a first-class professional capability certificate for ship captains and chief engineers and have held the first-class position for at least thirty-six months.

4. Training institutions must have at least fifty percent of their full-time teachers participating in teaching according to each type and level of program.

Chapter III

ISSUING A LICENSE FOR TRAINING INSTITUTIONS TO OPERATE TRAINING SERVICES FOR SEAFARERS AND INLAND WATERWAY VESSEL OPERATORS

Article 10. License for Training Institutions to Operate Training Services for Seafarers and Inland Waterway Vessel Operators

1. Training institutions shall be issued, reissued, or revoked the License for Training Institutions to Operate Training Services for Seafarers and Inland Waterway Vessel Operators (hereinafter referred to as the License) in accordance with Articles 11, 12, 13, and 14 of this Decree.

2. The License shall be in Form No. 04 as prescribed in the Appendix attached to this Decree.

3. The Vietnam Inland Waterways Administration shall be responsible for issuing, reissuing, or revoking the License for Training Institutions to Operate Training Services for Seafarers and Inland Waterway Vessel Operators for institutions of Type 3 and above nationwide.

4. Provincial Departments of Transport under central cities shall be responsible for issuing, reissuing, or revoking the License for Training Institutions to Operate Training Services for Seafarers and Inland Waterway Vessel Operators for institutions of Type 4 within their respective localities.

Article 11. Documents for Application for the License for Training Institutions to Operate Training Services for Seafarers and Inland Waterway Vessel Operators

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

1. One application form of the training institution applying for the License in Form No. 01 as prescribed in the Appendix attached to this Decree.

2. One certified copy (or a copy accompanied by the original for verification) of the Decision on Establishment or Business Registration Certificate or Investment Registration Certificate or other equivalent documents of the training institution.

3. One certified copy (or a copy accompanied by the original for verification) of the diplomas, certificates of the teachers and teacher contracts (employment contracts or labor contracts or visiting lecturer contracts or other appropriate forms of contracts in accordance with the law).

4. One certified copy (or a copy accompanied by the original for verification) of the documents proving ownership, usage rights, or lease agreements for classrooms, workshops, equipment, inland waterway wharfs, inland waterway berths, water areas for practical training; documents regarding registration and inspection of equipment still valid in accordance with the type, level, and duration of training.

Article 12. Procedures for Issuing New Certificates

1. Training institutions that request issuance of certificates shall submit one set of application documents in accordance with Article 11 of this Decree directly or through the postal service or by other appropriate means to the competent authority specified in Clause 3 and Clause 4, Article 10 of this Decree. In case the application documents are not in compliance, the competent authority must issue a written notice and guidance on completing the documents within two working days from the date of receipt of the application documents.

2. The competent authority shall organize on-site inspections of training institutions, prepare inspection records according to Model No. 02 stipulated in the Appendix issued together with this Decree. After completing the inspection, if all conditions are met, the competent authority shall issue the certificate to the training institution within ten working days from the date of receipt of the compliant application documents; in case the certificate is not issued, the competent authority must provide a written response stating the reasons.

Article 13. Reissuing Certificates

1. Certificates shall be reissued when lost, damaged, or when there is a change in address or type of training institution.

2. Procedures for reissuing certificates when they are lost or damaged

The training institution shall submit a written request for reissuance of the certificate according to Model No. 03 stipulated in the Appendix issued together with this Decree, directly or through the postal service or by other appropriate means to the competent authority as specified in Clause 3 and Clause 4, Article 10 of this Decree. Within five working days from the date of receipt of the training institution's request, the competent authority shall reissue the certificate to the training institution.

3. Procedures for reissuing certificates when there is a change in address or type of training institution

a) The training institution shall submit one set of application documents directly or through the postal service or by other appropriate means to the competent authority as specified in Clause 3 and Clause 4, Article 10 of this Decree. The application documents shall include components and quantities as prescribed in Article 11 of this Decree (only supplementing contents that have changed since the last issuance of the certificate). If the application documents are not in compliance, the competent authority must issue a written notice and guidance on completing the documents within two working days from the date of receipt of the application documents.

b) The competent authority shall organize on-site inspections of the training institution, prepare inspection records. After completing the inspection, if all conditions are met, the competent authority shall issue the certificate to the training institution within seven working days from the date of receipt of the compliant application documents; in case the certificate is not issued, the competent authority must provide a written response stating the reasons.

Article 14. Revocation of Certificates

1. Training institutions shall have their certificates revoked in the following cases:

a) When it is discovered that there has been intentional falsification of application documents to obtain the certificate;

b) Not organizing seafarer or inland waterway vessel operator training activities continuously for 18 months or failing to commence such activities within 18 months from the date of obtaining the certificate;

c) After the suspension period for seafarer or inland waterway vessel operator training activities has expired, and the violations leading to the suspension have not been rectified;

d) Having been administratively punished with suspension of seafarer or inland waterway vessel operator training activities twice or more within 12 months, in accordance with other relevant laws.

2. The competent authority issuing the certificate shall issue a decision to revoke the certificate and notify relevant agencies to cooperate in implementing the revocation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Transitional Provisions

1. Training institutions that have been granted a Certificate for vocational training of seafarers and inland waterway vessel operators before this Decree takes effect shall continue to operate their business activities until the expiration date of the Certificate.

2. In cases where the Certificate for vocational training of seafarers and inland waterway vessel operators specified in Clause 1 of this Article expires or has not yet expired but the training institution requests issuance of a new Certificate, it must follow the procedures for applying for a new Certificate as prescribed in this Decree.

Article 16. Implementation Organization

1. The Ministry of Transport shall have the responsibility:

a) Uniformly manage the business activities of vocational training services for seafarers and inland waterway vessel operators nationwide; direct, guide, and organize the implementation of this Decree; issue technical standards concerning training institutions for seafarers and inland waterway vessel operators;

b) Organize inspections, examinations, and handle violations of the regulations on conducting vocational training services for seafarers and inland waterway vessel operators as stipulated in this Decree and other relevant laws; conduct inspections of training institutions every five years to assess the technical condition of equipment, the capacity of teaching staff, training content and programs, ensuring that training activities meet practical requirements;

c) Update and publish a list of institutions conducting vocational training services for seafarers and inland waterway vessel operators on the Ministry of Transport's electronic portal.

2. The Ministry of Labor, Invalids and Social Affairs is responsible for coordinating with the Ministry of Transport to provide guidance on specialized and professional content in the development of training programs and organization of training in accordance with the law.

3. People's Committees of provinces and centrally-administered cities shall direct Departments of Transport to organize the management of business activities of vocational training services for seafarers and inland waterway vessel operators within their jurisdictions in accordance with the law. Regularly update and publish a list of institutions conducting vocational training services for seafarers and inland waterway vessel operators within their jurisdictions on the Department of Transport's electronic portal.

Article 17. Effective Date

This Decree takes effect from July 1, 2016. Any previous provisions related to the conditions for conducting vocational training services for seafarers and inland waterway vessel operators that conflict with this Decree are hereby abolished.

Article 18. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.