Chương VII Nghị định 63/2023/NĐ-CP: Chứng chỉ vô tuyến điện viên

Chapter VII

RADIO OPERATOR’S CERTIFICATES

Section 1. AMATEUR RADIO OPERATOR’S CERTIFICATES

Article 57. System of amateur radio operator’s certificates

1. System of amateur radio operator’s certificates includes:

a) First-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes with the antenna radiated power of not exceeding 1000W (Oats);

b) Second-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes with the antenna radiated power of not exceeding 200W (Oats);

c) Third-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes with the antenna radiated power of not exceeding 50W (Oats);

d) Fourth-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes (except sending of messages on CW) with the antenna radiated power of not exceeding 20W (Oats).

2. An amateur radio operator’s certificate shall be valid until it is revoked in accordance with provisions of this Decree.

Article 58. Eligibility requirements for recognition of organizations eligible to issue amateur radio operator’s certificates

In order to establish eligibility to issue amateur radio operator’s certificates, an organization shall be required to meet the following requirements:

1. It has obtained a license to use radio frequencies for its amateur radio station(s) which must be capable of serving candidates’ practical tests for corresponding class of amateur radio operator’s certificates.

2. Its theory test questions are conformable with compulsory parts of a theory test prescribed in Article 62 of this Decree.

3. Any person in charge of organizing examination for amateur radio operator’s certificates must:

a) possess a bachelor’s degree, or higher, in radio, electronic engineering or telecommunications or similar major; and

b) hold an amateur radio operator’s certificate of a class higher than that of candidates; or

hold an amateur radio operator’s certificate of the same class with that of candidates but have operated an amateur radio station within a minimum duration of at least 01 year before the examination date; or

have at least 01 year’s experience in radiotelegraphy (be capable of receiving correctly by ear and sending correctly by hand texts in the international Morse code through radio transceivers).

Article 59. Procedures for grant of certificate of eligibility to issue amateur radio operator’s certificates

1. An application for certificate of eligibility to issue amateur radio operator’s certificates includes:

a) An application form (made using Form 01 in Appendix IX enclosed herewith);

b) A lawful copy of the applicant’s establishment decision or license;

c) A report on satisfaction of eligibility requirements laid down in Article 58 which is made using Form 02 in Appendix IX enclosed herewith;

d) A set of theory test questions for amateur radio operator’s certificates.

2. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

3. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

4. Within 30 days from the receipt of an adequate and valid application, the MIC shall organize assessment and verification visit to determine whether or not the applicant has satisfied the requirements laid down in Article 58 of this Decree, and issue a certificate of eligibility to issue amateur radio operator’s certificates using Form 03 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

5. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

6. The list of organizations issued with certificate of eligibility to issue amateur radio operator’s certificates shall be published on the MIC’s web portal.

Article 60. Procedures for replacement of certificate of eligibility to issue amateur radio operator’s certificates

1. A new certificate of eligibility to issue amateur radio operator’s certificates may be issued for replacing the original one which has been lost or damaged or in case there are changes in the certificate holder’s particulars.

2. An application for replacement of certificate of eligibility to issue amateur radio operator’s certificates includes:

a) An application form (made using Form 05 in Appendix IX enclosed herewith);

b) A report on changes in certificate holder’s particulars (which must bear the authorized signature and seal of the applicant).

3. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

4. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

5. Within 20 days from the receipt of an adequate and valid application, the MIC shall issue a new certificate of eligibility to issue amateur radio operator’s certificates for replacing the original one using Form 04 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

6. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

Article 61. Revocation of certificate of eligibility to issue amateur radio operator’s certificates

1. An organization shall have its certificate of eligibility to issue amateur radio operator’s certificates revoked if it:

a) terminates operations in accordance with regulations of law or at its discretion;

b) has deliberately falsified information when following procedures for the certificate; or

c) has its license to use radio frequencies revoked.

2. The MIC shall issue a decision to revoke certificate of eligibility to issue amateur radio operator’s certificates and publish it on its web portal.

Article 62. Examinations for amateur radio operator’s certificates

An applicant for an amateur radio operator’s certificate shall take theory test and practical test for amateur radio operator’s certificate held by an organization possessing certificate of eligibility to issue amateur radio operator’s certificates.

1. Theory test

The theory test aims to assess a candidate's knowledge. Each theory test consists of the following questions:

a) First-class amateur radio operator’s certificate: the theory test consists of 50 questions, including: 10 questions on provisions of Vietnam's laws on amateur radio operations, 10 questions on amateur radio under ITU radio regulations, 15 questions on electrical engineering, and 15 questions on radio engineering. Each candidate needs at least 40 correct answers to pass this test.

Only a person who possesses a second-class amateur radio operator’s certificate and has operated an amateur radio station for at least 01 year shall be considered as eligible candidate for first-class amateur radio operator’s certificate;

b) Second-class amateur radio operator’s certificate: the theory test consists of 40 questions, including: 10 questions on provisions of Vietnam's laws on amateur radio operations, 10 questions on amateur radio under ITU radio regulations, 10 questions on electrical engineering, and 10 questions on radio engineering. Each candidate needs at least 30 correct answers to pass this test;

c) Third-class or fourth-class amateur radio operator’s certificate: the theory test consists of 35 questions, including: 10 questions on provisions of Vietnam's laws on amateur radio operations, 05 questions on amateur radio under ITU radio regulations, 10 questions on electrical engineering, and 10 questions on radio engineering. Each candidate needs at least 25 correct answers to pass this test.

2. Practical test

a) Telegraphy practical test aims to assess a candidate’s ability to receive correctly by ear or computer and second correctly by hand or computer texts in the international Morse code. Required rate of speed: at least 36 words per 03 minutes, for first-class amateur radio operator’s certificate; at least 27 words per 03 minutes, for second-class amateur radio operator’s certificate; at least 15 words per 03 minutes, for third-class amateur radio operator’s certificate. Each word consists of 05 characters (including all the letters of the English alphabet, numerals 00 - 09, symbols, comma, question mark, dash and other prosigns as prescribed in the ITU radio regulations);

b) A person who holds a radiotelegraph operator’s certificate and has been communicating using radiotelegraph or has stopped practicing for not more than 03 years shall be exempted from the telegraphy practical test;

c) A candidate for first-class, second-class or third-class amateur radio operator’s certificate must practice 04 communications, including: 01 practice in sending voice communications, 01 practice in sending telegraphy, 01 practice in searching for another station on voice procedure and 01 practice in searching for another station using telegraph.

A candidate for fourth-class amateur radio operator’s certificate must practice 02 voice communications and be exempted from telegraphy practice.

3. A candidate must complete both theory test and practical test within a maximum duration of 12 months.

Article 63. Conditions and procedures for examination and issuance of amateur radio operator’s certificates

1. An individual who has passed both the theory test and practical test as prescribed in Article 62 of this Decree shall be eligible to apply for amateur radio operator’s certificate.

2. An application for examination for amateur radio operator’s certificate includes:

a) An application form made using Form 01 in Appendix X enclosed herewith;

b) A lawful copy of citizen identity card or ID card or unexpired passport;

c) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up.

3. Procedures for issuance of amateur radio operator’s certificates:

a) Each candidate shall submit an application for examination for amateur radio operator’s certificate by post or directly to an organization that has been issued with a certificate of eligibility to issue amateur radio operator’s certificates (certificate-issuing organization);

b) The certificate-issuing organization shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the certificate-issuing organization shall notify and request the applicant to complete his/her application.

c) Within 14 days upon the end of the theory test and practical test, the certificate-issuing organization shall issue an amateur radio operator’s certificate, using the relevant form in Appendix X enclosed herewith, to the candidate who has passed both theory test and practical test or give reasons for its refusal to do so.

Article 64. Procedures for replacement of amateur radio operator’s certificates

1. A new amateur radio operator’s certificate may be issued for replacing the original one which has been lost or damaged or in case there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application.

2. An application for replacement of amateur radio operator’s certificate includes:

a) An application form (made using Form 02 in Appendix X enclosed herewith);

b) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up;

c) The original amateur radio operator’s certificate (in case the certificate has been damaged or there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application);

d) Documents proving lawful changes in the certificate holder’s personal information.

3. Procedures for replacement of amateur radio operator’s certificates:

a) An application for replacement of amateur radio operator’s certificate shall be submitted by post or directly to an organization that has been issued with a certificate of eligibility to issue amateur radio operator’s certificates (certificate-issuing organization);

b) This certificate-issuing organization shall receive and check the validity of the application, and compare it with the data on the issued amateur radio operator’s certificate. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the certificate-issuing organization shall notify and request the applicant to complete his/her application;

c) Within 07 working days from the receipt of an adequate and valid application, the certificate-issuing organization shall issue a new amateur radio operator’s certificate for replacing the original one using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to do so.

Article 65. Revocation of amateur radio operator’s certificates

An organization that has been issued with a certificate of eligibility to issue amateur radio operator’s certificates shall consider revoking amateur radio operator’s certificates which it issued in the following cases:

1. Any document prescribed in Clause 2 Article 63 and Clause 2 Article 64 of this Decree is forged.

2.  Contents of the issued certificate are erased.

3. The issued certificate is leased or lent out or used for improper purposes.

Article 66. Recognition of foreign amateur radio operator’s certificates

The MIC shall recognize foreign amateur radio operator’s certificates in the following cases:

1. Foreign amateur radio operator’s certificates of amateur radio operators who come from countries that have entered into mutual recognition agreements on amateur radio operations with ministries, ministerial agencies or Governmental agencies of Vietnam.

2. Foreign amateur radio operator’s certificates of amateur radio operators who come from countries that have not yet entered into mutual recognition agreements on amateur radio operations with Vietnam shall be recognized if they have obtained certification given by organizations eligible to issue amateur radio operator’s certificates using Form 1b in Appendix II enclosed herewith.

3. Other cases shall be subject to consideration and decision of the MIC’s Minister.

Section 2. MARITIME RADIO OPERATOR’S CERTIFICATES

Article 67. GMDSS maritime radio operator training courses and types of GMDSS maritime radio operator’s certificates

1. GMDSS maritime radio operator training courses include: restricted operator, general operator, second-class radio electronic officer and first-class radio electronic officer.

2. Types of GMDSS maritime radio operator’s certificates:

a) GMDSS maritime radio operator’s certificates include: restricted operator’s certificate, general operator’s certificate, second-class radio electronic certificate and first-class radio electronic certificate;

b) A maritime radio operator’s certificate shall be valid for 05 years from the date of issue.

Article 68. Eligibility requirements for recognition of organizations eligible to provide training and issue maritime radio operator’s certificates

1. Material facilities and teaching equipment:

a) There are standard classrooms with necessary teaching equipment;

b) Minimum equipment requirement for practice: at least 01 piece of equipment for 04 trainees for terminal device simulation system or at least 01 piece of equipment for 02 trainees for computer-based simulation system;

c) Practice equipment must be able to simulate the following equipment: MF/HF transceiver with DSC watch-keeping receiver, telephone and NBDP; 406 MHz EPIRB beacon; search and rescue radar transponder (SART) or Automatic Identification System Search And Rescue Transmitter (AIS-SART); EGC receiver; distress buttons on VHF-DSC, HF/MF-DSC, Inmarsat-C or Iridium satellite communication system; NAVTEX receiver; VHF transceiver with voice communication and DSC, combined with DSC Channel 70 watch-keeping receiver; handheld two-way VHF device; Inmarsat-C or Iridium satellite communication system; and other equipment as prescribed by SOLAS 74 and its amendments.

2. Teaching materials:

a) Maritime radio operator syllabus for each training mode;

b) Manuals for operating GMDSS for each training mode;

c) List of coast stations (ITU list of Coast Stations, Amiralty list of Radio Signal-vol.1, vol.5 ...);

d) List of ship stations (ITU list of Ship Stations);

dd) List of radio determination stations and radio stations performing special tasks;

e) ITU radio regulations;

g) International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual; 

h) GMDSS radio log book guidelines;

i) Reference documents of International Maritime Organization (IMO) and other necessary reference documents.

3. Training programs:

Programs and contents of training courses must be conformable with IMO’s model training program in force.

4. Lecturers:

Each lecturer must:

a) possess a bachelor’s degree, or higher, in radio, electronic engineering, telecommunications, ship control or maritime major;

b) be proficient in foreign language at a level appropriate for the training program; and

c) hold a maritime radio operator’s certificate appropriate for the training program (the lecturer must hold a maritime radio operator’s certificate of a class higher than or equal to that of the training course he/she is going to take charge of) or have participated in training for maritime radio operator’s certificate of equivalent class for at least 03 years.

5. Number of lecturers:

The required number of lecturers for each training program must be ensured. At least 50% of total lecturers for each training program are full-time lecturers.

6. Trainee/lecturer ratio: not exceeding 25 trainees/lecturer.

Article 69. Procedures for grant of certificate of eligibility to provide training and issue maritime radio operator’s certificates

1. An application for issuance of certificate of eligibility to provide training and issue maritime radio operator’s certificates includes:

a) An application form (made using Form 07 in Appendix IX enclosed herewith);

b) A lawful copy of the applicant’s establishment decision or license;

c) A report on satisfaction of eligibility requirements laid down in Article 68 which is made using Form 08 in Appendix IX enclosed herewith;

d) Approved training programs.

2. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

3. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

4. Within 30 days from the receipt of an adequate and valid application, the MIC shall organize assessment and verification visit to determine whether or not the applicant has satisfied the requirements laid down in Article 68 of this Decree, and issue a certificate of eligibility to provide training and issue maritime radio operator’s certificates using Form 09 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

5. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

6. The list of organizations issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates shall be published on the MIC’s web portal.

Article 70. Procedures for replacement of certificate of eligibility to provide training and issue maritime radio operator’s certificates

1. A new certificate of eligibility to provide training and issue maritime radio operator’s certificates may be issued for replacing the original one which has been lost or damaged or in case there are changes in the certificate holder’s particulars.

2. An application for replacement of certificate of eligibility to provide training and issue maritime radio operator’s certificates includes:

a) An application form (made using Form 11 in Appendix IX enclosed herewith);

b) A report on changes in certificate holder’s particulars (which must bear the authorized signature and seal of the applicant).

3. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

4. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

5. Within 20 days from the receipt of an adequate and valid application, the MIC shall issue a new certificate of eligibility to provide training and issue maritime radio operator’s certificates for replacing the original one using Form 10 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

6. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

Article 71. Revocation of certificate of eligibility to provide training and issue maritime radio operator’s certificates

1. An organization shall have its certificate of eligibility to provide training and issue maritime radio operator’s certificates revoked if it:

a) terminates operations in accordance with regulations of law or at its discretion;

b) has deliberately falsified information when following procedures for the certificate; or

c) fails to maintain the satisfaction of the requirements laid down in Clause 1 and Clause 4 Article 68 of this Decree.

2. The MIC shall issue and publish a decision to revoke certificate of eligibility to provide training and issue maritime radio operator’s certificates on its web portal, and also send it to relevant authorities for cooperation in performing management tasks.

Article 72. Final exam board

1. Final exam board (hereinafter referred to as “exam board”) shall be established according to a decision issued by the head of the organization issued with a certificate of eligibility to provide training and issue maritime radio operator’s certificates (hereinafter referred to as “training organization”).

The exam board is comprised of 05 or 07 members, including: the board’s chairperson who is the head or deputy head of the training organization, and other members who are officials of the training organization.

2. The exam board shall have the following tasks:

a) make the list of trainees eligible to sit the final exam;

b) organize, manage and inspect the exam in accordance with current regulations;

c) settle circumstances in the exam (if any);

d) prepare and submit a report on consolidated exam results to the head of the training organization for issuing certificates to successful trainees.

Article 73. Taking final exam and evaluating exam results

1. Only a trainee who is in attendance for at least 90% of the course duration may sit the final exam. In case a trainee provides plausible reasons for his/her failure to meet the minimum attendance rate, his/her completed training period shall be kept active and he/she can proceed with the following training course held by the same training organization.

2. The final exam will have two parts: theory part and practical part according to IMO's current regulations. Each part of the exam shall be scored using a 10-point scale.

3. A passing score of a constructed-response question exam is 5 or higher. A passing score of a multiple-choice question exam is 7 or higher.

4. Each trainee may be allowed to re-sit failed exams once, provided that the re-sit must be organized by the same training organization as that organized the first exam.

5. A trainee who passed both parts of the final exam shall be considered to have fulfilled requirements of the training course in maritime radio operator’s certificate and further evaluated for graduation.

Article 74. General conditions for maritime radio operator’s certificates

In order to apply for a maritime radio operator’s certificate, a candidate must:
1. be a Vietnamese citizen, a foreigner lawfully residing in Vietnam or a foreign seafarer working on board a Vietnamese-flagged ship.

2.  meet requirements relating to age and medical fitness as prescribed by law.

3.  meet specific professional requirements for the corresponding type of certificate laid down in Articles 75, 76, 77 and 78 of this Decree.

4. have graduated from the corresponding training course for maritime radio operator.

Article 75. Professional requirements for restricted operator’s certificate

A candidate for a restricted operator’s certificate must:

1. possess a high school diploma or higher or be a deck officer, chief officer or captain of a ship operating within the territorial waters of Vietnam (sea area A1).

2. be proficient in English at level A2 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 1 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 76. Professional requirements for general operator’s certificate

A candidate for a general operator’s certificate must:

1. possess an intermediate professional education diploma or level 4 of VQF diploma, or higher, in maritime, ship operation, electronics engineering, telecommunications or similar major; or be a deck officer, chief officer or captain of a ship of 500 GT, or more, operating within and outside the territorial waters of Vietnam.

2. be proficient in English at level B2 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 2 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 77. Professional requirements for second-class radio electronic certificate

A candidate for a second-class radio electronic certificate must:

1. possess a bachelor’s degree, or higher, in electronics engineering, telecommunications, maritime, ship control or similar major.

2. be proficient in English at level C1 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 3 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 78. Professional requirements for first-class radio electronic certificate

A candidate for a first-class radio electronic certificate must:

1. possess a second-class radio electronic certificate.

2. have held the job position corresponding to his/her second-class radio electronic certificate for at least 03 years.

3. be proficient in English at level C1 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 3 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 79. Procedures for issuance of maritime radio operator’s certificates

1. An application for training course for maritime radio operator’s certificate includes:

a) A lawful copy of citizen identity card or ID card or unexpired passport;

b) An original or lawful copy of the seafarer medical certificate as prescribed by law;

c) Lawful copies of documents and/or professional diplomas proving the applicant’s satisfaction of professional requirements for the corresponding type of maritime radio operator’s certificate laid down in Article 75, 76, 77 or 78 of this Decree;

d) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up.

2. Procedures for issuance of maritime radio operator’s certificates

a) The person who wishes to attend the training course for maritime radio operator's certificate shall submit an application by post or directly to the training organization;

b) This training organization shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the training organization shall notify and request the applicant to complete his/her application;

c) Within 14 days upon the end of the final exam, the training organization shall issue maritime radio operator’s certificate to successful candidates using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to do so.

Article 80. Conditions for extension of maritime radio operator’s certificates

A certificate holder may have his/her certificate extended if:

1. He/she meets requirements relating to age and medical fitness as prescribed by law.

2. He/she has held the job position corresponding to the class of the certificate to be extended for at least 01 year within 05 years following the issue date of the certificate or for at least 03 months within the last 06 months before the certificate expires.

3. If the applicant for certificate extension fails to meet the requirement laid down in Clause 2 of this Article, he/she must sit and be successful at the final exam for maritime radio operator’s certificate of the same class with that of the certificate to be extended. 

Article 81. Procedures for extension of maritime radio operator’s certificates

1. An application for extension of a maritime radio operator’s certificate includes:

a) The application form (made using Form 03 in Appendix X enclosed herewith);

b) A lawful copy of citizen identity card or ID card or unexpired passport;

c) An original or lawful copy of the seafarer medical certificate as prescribed by law;

d) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up;

dd) The original copy of the maritime radio operator’s certificate to be extended;

e) A lawful copy of the seafarer’s discharge book or another document of equivalent validity or documents proving that the applicant has passed the final exam for maritime radio operator’s certificate of the same class with that of the certificate to be extended (in the case specified in Clause 3 Article 80 of this Decree).

2. The person who is seeking for extension of his/her maritime radio operator's certificate shall submit an application by post or directly to the training organization.

3. b) The training organization shall receive and check the validity of the application, and compare it with the data on the issued maritime radio operator’s certificate. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the training organization shall notify and request the applicant to complete his/her application.

4. Within 10 days from the receipt of an adequate and valid application, the training organization shall grant extension of the certificate using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to grant extension.

5. A maritime radio operator’s certificate may be extended for up to 05 years.

Article 82. Procedures for replacement of maritime radio operator’s certificates

1. A new maritime radio operator’s certificate may be issued for replacing the original one which is not yet expired but has been lost or damaged or in case there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application.

2. An application for replacement of a maritime radio operator’s certificate includes:

a) The application form (made using Form 03 in Appendix X enclosed herewith);

b) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up;

c) The original maritime radio operator’s certificate (in case the certificate has been damaged or there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application);

d) Documents proving lawful changes in the certificate holder’s personal information.

3. Procedures for replacement of maritime radio operator’s certificates

a) The certificate holder shall submit an application for replacement by post or directly to the training organization;

b) The training organization shall receive and check the validity of the application, and compare it with the data on the issued maritime radio operator’s certificate. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the training organization shall notify and request the applicant to complete his/her application;

c) Within 07 working days from the receipt of an adequate and valid application, the training organization shall issue a new maritime radio operator’s certificate for replacing the original one using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to do so.

Article 83. Revocation of maritime radio operator’s certificates

The training organization shall consider revoking maritime radio operator’s certificates which it issued in the following cases:

1. Any document prescribed in Clause 1 Article 79, Clause 1 Article 81 or Clause 2 Article 82 of this Decree is forged.

2. Contents of the issued certificate are erased.

3. The issued certificate is leased or lent out or used for improper purposes.

Section 3. RESPONSIBILITIES OF RELEVANT AUTHORITIES AND ORGANIZATIONS TO PROVIDE TRAINING AND ISSUE RADIO OPERATOR’S CERTIFICATES

Article 84. Responsibilities of relevant authorities and organizations to issue amateur radio operator’s certificates

1. The MIC shall:

a) Consider recognizing organizations eligible to issue amateur radio operator’s certificates;

b) Organize inspection of compliance with this Decree’s provisions on examination and issuance of amateur radio operator’s certificates; conduct inspection, on a periodical basis of every 05 years, of organizations issued with certificate of eligibility to issue amateur radio operator’s certificates to determine whether or not they meet the eligibility requirements laid down in Article 58 of this Decree;

c) Publish updated list of organizations issued with certificate of eligibility to issue amateur radio operator’s certificates on its web portal.

2. Each organization issued with certificate of eligibility to issue amateur radio operator’s certificates shall:

a) Organize examination, scoring and issue, replace and revoke amateur radio operator’s certificates;

b) Compile and update sets of theory test questions for amateur radio operator’s certificates;

c) Retain data on examination results and amateur radio operator’s certificates issued;

d) Before the 6^th day of the last month of each quarter, send quarterly report on organization of examination and issuance of amateur radio operator’s certificates, which is made using Form 06 in Appendix IX enclosed herewith, online or by post or directly to the MIC (the Authority of Radio Frequency Management);

dd) Develop database on examination for amateur radio operator’s certificates (including examination plan, list of eligible candidates, and examination results); database on issuance of amateur radio operator’s certificates (full name, date of birth, place of birth, number of citizen identity card or ID card or passport of certificate holder, number, class and issuing organization of the certificate);

e) Comply with regulations of laws on use of radio frequencies and radio devices.

Article 85. Responsibilities of relevant authorities and organizations to provide training and issue maritime radio operator’s certificates

1. The MIC shall:

a) Consider recognizing organizations eligible to provide training and issue maritime radio operator’s certificates;

b) Organize inspection of compliance with this Decree’s provisions on training and issuance of maritime radio operator’s certificates; conduct inspection, on a periodical basis of every 05 years, of organizations issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates to determine whether or not they meet the eligibility requirements laid down in Article 68 of this Decree;

c) Publish the updated list of organizations issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates on its web portal.

2. Each organization issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates shall:

a) Provide training, issue, extend, replace and revoke maritime radio operator’s certificates;

b) Compile and update training programs/documents for maritime radio operator’s certificates which must be conformable with IMO’s model training program in force;

c) Provide training courses for maritime radio operator’s certificates with adequate training duration and contents of each training program; manage attendance of trainees;

d) Ensure material facilities, teaching equipment and materials, and lecturers in charge of training courses for maritime radio operator’s certificates;

dd) Before the 06^th day of the last month of each quarter, send quarterly report on provision of training courses and issuance of maritime radio operator’s certificates, which is made using Form 12 in Appendix IX enclosed herewith, online or by post or directly to the MIC;

e) Develop database on training for maritime radio operator’s certificates (decisions to open training courses, list of trainees, exam plans and results); database on issuance of maritime radio operator’s certificates (full name, nationality, date of birth and place of birth of certificate holders, number, class, date of issue, expiry date and issuing organization of certificates);

g) Retain documents concerning training courses and issuance of maritime radio operator’s certificates in accordance with regulations of law;

h) Comply with regulations of laws on use of radio frequencies and radio devices