Chương IV : Thuyền viên và người lái phương tiện

Chapter IV

CREWMEN AND STEERSMEN

Article 29.- Titles of crewmen and criteria thereof

1. Titles of crewmen on board vessels include captain, vice-captain, chief engineer, deputy chief engineer, sailor and engine technician.

Vessel owners shall have to sufficiently arrange the titles and complement of crewmen working on board their vessels and make crew lists as prescribed.

2. Crewmen working on board vessels must ensure the following conditions:

a/ Being aged full 16 years or older but not older than 55 years for women or 60 years for men;

b/ Being physically fit and having annual medical checks;

c/ Having professional diplomas and certificates suitable to their titles as well as the types of vessels.

3. The Health Minister shall reach agreement with the Transport Minister on setting the health criteria for crewmen.

4. The Transport Minister shall prescribe the title criteria, responsibility regime and complement of crewmen for each type of vessel, excluding the case specified in Clause 5 of this Article.

5. The Defense Minister, the Public Security Minister and the Fisheries Minister shall, within the scope of their tasks and powers, prescribe the title criteria, responsibility regime and complement of crewmen for vessels engaged on defense or security tasks, and fishing vessels.

Article 30.- Professional diplomas and certificates

1. Captain's and chief engineer's diplomas are classified into three classes: first class, second class and third class.

2. Professional certificates include basic safety training certificates, professional certificates and special professional certificates.

3. Professional diplomas and certificates of crewmen and steersmen shall be withdrawn or their use rights shall be deprived of according to law provisions.

Article 31.- Training, grant of professional diplomas and certificates

1. Establishments engaged in training crewmen and steersmen must fully satisfy the conditions specified in Clause 3 and Clause 4 of this Article.

2. The training of crewmen and steersmen must follow the contents and programs prescribed for each class of diploma and type of professional certificate.

3. The Transport Minister shall prescribe the conditions of establishments engaged in training crewmen and steersmen; enrolment regulations, training contents and programs, types of professional certificates; regulations on examination, grant or changing of diplomas and certificates of crewmen and vessels steersmen, except for the case specified in Clause 4 of this Article.

4. The Defense Minister, the Public Security Minister and the Fisheries Minister shall, within the scope of their tasks and powers, prescribe the conditions of establishments engaged in training crewmen and steersmen; enrolment regulations, training contents and programs, types of professional certificates; regulations on examination, grant or changing of diplomas and certificates of crewmen and steersmen of vessels engaged on defense or security tasks, and fishing vessels.

Article 32.- Conditions for sitting examinations to acquire captain's and chief engineer's diplomas of higher class

1. Holders of third-class captain's or chief engineer's diplomas, who have worked under the third-class diploma titles for at least 24 months or worked under their trained titles for at least 12 months, for graduates of specialized intermediate vocational schools, may sit examinations to acquire second-class captain's or chief engineer's diplomas.

2. Holders of second-class captain's or chief engineer's diplomas, who have worked under the second-class diploma titles for at least 36 months, may sit examinations to acquire first-class captain's or chief engineer's diplomas.

Article 33.- Holding of the captain title

1. Crewmen who have a first-class captain's diploma may hold the captain title for the following vessels:

a/ Passenger liners with a capacity of over 100 passengers each;

b/ Ferries with a gross tonnage of over 150 tons each;

c/ Cargo vessels with a gross tonnage of over 500 tons each;

d/ Tow convoys with a gross tonnage of over 1,000 tons each;

e/ Vessels other than those specified at Points a, b, c and d, Clause 1 of this Article, with total main engine capacity of over 400 horse powers each.

2. Crewmen who have a second-class captain's diploma may hold the captain title for the following vessels:

a/ Passenger lines with a capacity of between over 50 passengers and 100 passengers each;

b/ Ferries with a gross tonnage of between over 50 tons and 150 tons each;

c/ Cargo vessels with a gross tonnage of between over 150 tons and 500 tons each;

d/ Tow convoys with a gross tonnage of over 400 tons and 1,000 tons each;

e/ Vessels other than those specified at Points a, b, c and d, Clause 1 of this Article, with total main engine capacity of between over 150 horse powers and 400 horse powers each.

3. Crewmen who have a third-class captain's diploma may hold the captain title for the following vessels:

a/ Passenger lines with a capacity of between over 12 passengers and 50 passengers each;

b/ Ferries with a gross tonnage of up to 50 tons each;

c/ Cargo vessels with a gross tonnage of between over 15 tons and 150 tons each;

d/ Tow convoys with a gross tonnage of up to 400 tons each;

e/ Vessels other than those specified at Points a, b, c and d, Clause 1 of this Article, with total main engine capacity of between over 15 horse powers and 150 horse powers each.

4. Crewmen who have a captain's diploma of a higher class may hold the captain title in vessels of a type for which the captain title of a lower class is required.

5. Crewmen who have a captain's diploma may hold the deputy captain title in vessels of a type for which the captain title of an immediate lower class is required.

Article 34.- Holding of the chief engineer title

1. Crewmen who have a first-class chief engineer's diploma may hold the chief engineer title for vessels with total main engine capacity of over 400 horse powers each.

2. Crewmen who have a second-class chief engineer's diploma may hold the chief engineer title for vessels with total main engine capacity of between over 150 and 400 horse powers each.

3. Crewmen who have a second-class chief engineer's diploma may hold the chief engineer title for vessels with total main engine capacity of between over 15 and 150 horse powers each.

4. Crewmen who have a chief engineer's diploma of a higher class may hold the chief engineer title in vessels of a type for which the chief engineer's title of a lower class is required.

5. Crewmen who have a chief engineer's diploma may hold the deputy chief engineer title in vessels of a type for which the chief engineer's title of an immediate higher class is required.

Article 35.- Conditions on steersmen

1. Steersmen of non-motorized vessels with a gross tonnage of between 5 tons and 15 tons each, motorized vessels with a total main engine capacity of between 5 horse powers and 15 horse powers each or a capacity of between 5 passengers and 12 passengers each must fully satisfy the following conditions:

a/ Being aged full 18 years or older but not older than 55 years for women, or than 60 years for men;

b/ Having a medical agency's certificate that he/she is physically fit, and can swim;

c/ Having a steersman's certificate.

2. Steersmen of non-motorized vessels with a gross tonnage of under 5 tons or a capacity of up to 12 passengers each, motorized vessels with a total main engine capacity of under 5 horse powers or a capacity of under 5 passengers each must be aged full 15 years or older, physically fit, can swim, must have been trained in inland waterway navigation legislation and granted training certificates therefor. In case of using vessels for business purposes, the steersmen's age must comply with the provisions of Point a, Clause 1 of this Article.

3. Provincial-level People's Committees shall organize the training and grant of vessels steersman's certificates and certificates of inland waterway navigation law training to steersmen.