Chương VII: Điều khoản thi hành

CIRCULAR

TEST, EXAMINATION, ISSUANCE, RE-ISSUANCE AND CHANGE OF CERTIFICATES OF COMPETENCY AND QUALIFICATIONS OF SEAFARERS AND OPERATORS OF INLAND WATERWAY SHIPS

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and Law on amendments to some Article of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Personnel and Organization and the Director General of the Vietnam Inland Waterway Administration;

The Minister of Transport hereby promulgates a Circular on test, examination, issuance, re-issuance and change of certificates of competency and qualifications of seafarers and operators of inland waterway ships.

Chapter I

GENERAL

Article 1. Scope

This Circular provides for test, examination, issuance, re-issuance and change of certificates of competency and qualifications of seafarers and operators of inland waterway ships.

Article 2. Regulated entities

1. This Circular applies to organizations and individuals involved in test, examination, issuance, re-issuance and change of certificates of competency and qualifications of seafarers and operators of inland waterway ships.

2. This Circular does not apply to organizations and individuals involved in test, examination, issuance, re-issuance and change of certificates of competency and qualifications of seafarers and inland waterway ship operators who perform public security and national defence tasks.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “duration of holding title” means the length of time over which a seafarer has held a title aboard an inland waterway ship.

2. “apprenticeship” refers to the period of time over which a person serves as an apprentice to hold a title for which (s)he is trained aboard an inland waterway ship under the instructions of those who obtain proper professional and technical qualifications.

3. “Certificate of competency of master and chief engineer” means the certificate of eligibility for holding a title as the master and chief engineer aboard an inland waterway ship.

4. “qualification” means the certificate of eligibility of a seafarer or operator of inland waterway ship to work and deal with issues relating to the inland waterway ship safety or operation of inland waterway ships, including the certificate of basic safety training, certificate of training and certificate of specialized training.

5. “high-speed craft” means a vehicle running at a design speed satisfying the conditions in the National technical regulation on classification and construction of high-speed craft or running at a speed of 30 km/h or more.

6. “near-coastal inland waterway ship” (hereinafter referred to as “the near-coastal ship”) means a river-sea compatible ship (VR-SB) defined in the National technical regulation on classification and construction of inland waterway ships.

Chapter II

CERTIFICATES OF COMPETENCY, QUALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN TESTS AND EXAMINATIONS TO OBTAIN THE CERTIFICATE OF COMPETENCY AND QUALIFICATIONS

Article 4. Classification of certificate of competency and qualifications

1. Certificate of competency of master shall be classified into four grades: Grade 1 (T1), Grade 2 (T2), Grade 3 (T3) and Grade 4 (T4).

2. Certificate of competency of chief engineer shall be classified into three grades: Grade 1 (M1), Grade 2 (M2) and Grade 3 (M3).

3. Certificate of Basic Safety Training.

4. Certificates of training include:

a) Certificate of training for deck rating (TT);

b) Certificate of training for engine rating (TM);

c) Certificate of training in ship operation (LPT).

5. Certificates of specialized training include:

a) Certificate of specialized training in high-speed craft operation (ĐKCT);

b) Certificate of specialized training in near-coastal ship operation (ĐKVB);

c) Certificate of specialized training in occupational safety and health aboard near-coastal ships (ATVB);

d) Certificate of specialized training in occupational safety and health aboard petroleum tankers (ATXD);

dd) Certificate of specialized training in occupational safety and health aboard chemical tankers (ATHC);

e) Certificate of specialized training in occupational safety and health aboard liquefied natural gas carriers (ATKHL);

6. Forms of certificates of competency and qualifications of seafarers and operators of inland waterway ships and regional codes unique to each certificate of competency and qualification in areas are provided in the Appendix 1 hereof.

Article 5. General eligibility requirements for participation in tests or examinations to obtain the certificate of competency or qualification

1. Candidates must be Vietnamese citizens or foreigners who have completed the training program depending on specific category or grade of the certificate of competency or qualification (except for specific cases stipulated in Point b Clause 7, Point b Clause 8, Point b Clause 9, Point b Clause 10, Point b Clause 11 and Point b Clause 12 Article 6 hereof).

2. A candidate's age and his/her duration of holding the position or serving the apprenticeship must be sufficient by the date on which the decision on establishment of the testing or examination board for specific categories or grades of the certificate of competency or qualification stipulated in Article 6 hereof is granted.

3. Candidates must submit their health certificates issued by competent health facilities.

Article 6. Specific eligibility requirements for participation in tests or examinations to obtain the certificate of competency or qualification

In addition to general eligibility requirements stipulated in Article 5 hereof, candidates are required to meet the following requirements:

1. Eligibility requirements for participation in examinations to obtain the certificate of training for deck rating or certificate of training for engine rating: Candidates must be aged 16 or older.

2. Eligibility requirements for participation in examinations to obtain the certificate of training in ship operation: Candidates must be aged 18 or older.

3. Eligibility requirements for participation in examinations to obtain the certificate of specialized training in occupational safety and health aboard near-coastal ships, petroleum, chemical tankers or liquefied natural gas carriers: Candidates must hold at least a certificate of training for deck rating or certificate of training for engine rating or certificate of training in ship operation.

4. Eligibility requirements for participation in examinations to obtain the certificate of specialized training in high-speed craft operation: Candidates must be aged 18 or older and hold at least a certificate of training for deck rating or certificate of training in ship operation.

5. Eligibility requirements for participation in examinations to obtain the certificate of specialized training in near-coastal ship operation: Candidates must hold the certificate of competency of master Grade 3 or higher and have been holding the master Grade 3 title for at least 06 months.

6. Eligibility requirements for participation in tests to obtain the certificate of competency of master grade 4: Candidates must be aged 18 or older and hold the certificate of training for deck rating or certificate of training in ship operation;

7. Eligibility requirements for participation in tests to obtain the certificate of competency of master grade 3:

a) Candidates must be aged 18 or older and hold the certificate of training for deck rating or certificate of training in ship operation, and have been holding the deck rating or ship operator title for at least 12 months or must hold the certificate of competency of master grade 4, and have been holding the deck rating or ship operator title for at least 06 months;

b) Candidates who have obtained the certificate of primary vocational training in navigation or for deck rating and served their apprenticeship for at least 06 months are entitled to participate in tests to obtain the certificate of competency of master grade 3 and exempt from attending an equivalent training course.

8. Eligibility requirements for participation in tests to obtain the certificate of competency of chief engineer grade 3:

a) Candidates must be aged 18 or older and hold the certificate of training for engine rating, and have been holding the engine rating title for at least 12 months;

b) Candidates who have obtained the certificate of primary vocational training in marine engineering or for engine rating and served their apprenticeship for at least 06 months are entitled to participate in tests to obtain the certificate of competency of chief engineer grade 3 and exempt from attending an equivalent training course.

9. Eligibility requirements for participation in tests to obtain the certificate of competency of master grade 2:

a) Candidates must hold the certificate of competency of master Grade 3, have been holding the master grade 3 title for at least 18 months or have obtained the certificate of primary vocational training for masters grade 3 and served their apprenticeship for at least 12 months;

b) Candidates who have obtained the Level 4 of VQF Diploma in navigation and served their apprenticeship as a master grade 3 for at least 12 months are entitled to participate in tests to obtain the certificate of competency of master 2nd prize and exempt from attending an equivalent training course.

10. Eligibility requirements for participation in tests to obtain the certificate of competency of chief engineer grade 2:

a) Candidates must hold the certificate of competency of chief engineer grade 3, and have been holding the chief engineer grade 3 title for at least 12 months or have obtained the certificate of primary vocational training for chief engineers grade 3 and served their apprenticeship for at least 06 months;

b) Candidates who have obtained the Level 4 of VQF Diploma in marine engineering and served their apprenticeship as a chief engineer grade 3 for at least 06 months are entitled to participate in tests to obtain the certificate of competency of chief engineer grade 2 and exempt from attending an equivalent training course.

11. Eligibility requirements for participation in tests to obtain the certificate of competency of master grade 1:

a) Candidates must hold the high-school diploma or the equivalent or higher, the certificate of competency of master grade 2 and have been holding the master grade 2 title for at least 24 months;

b) Candidates who have obtained the Level 5 of VQF Advanced Diploma in navigation and served their apprenticeship as a master grade 1 for at least 18 months are entitled to participate in tests to obtain the certificate of competency of master grade 1 and exempt from attending an equivalent training course.

12. Eligibility requirements for participation in tests to obtain the certificate of competency of chief engineer grade 1:

a) Candidates must hold the high-school diploma or the equivalent or higher, the certificate of competency of chief engineer grade 2 and have been holding the chief engineer grade 2 title for at least 18 months;

b) Candidates who have obtained the Level 5 of VQF Advanced Diploma in marine engineering and served their apprenticeship as a chief engineer grade 2 for at least 12 months are entitled to participate in tests to obtain the certificate of competency of chief engineer grade 1 and exempt from attending an equivalent training course.

Chapter III

ARRANGEMENT FOR TRAINING, TESTS AND EXAMINATIONS TO OBTAIN THE CERTIFICATE OF COMPETENCY OR QUALIFICATION

Article 7. The power to arrange tests and examinations to obtain, issue, re-issue and change the certificate of competency or qualification

1. The Vietnam Inland Waterway Administration shall:

a) Arrange tests, grant a decision to validate the test result, issue, reissue and change the certificate of competency of master, chief engineer grade 2 or higher across the nation and the certificate of competency of master grade 4 or higher, chief engineer grade 3 or higher for training institutions affiliated to the Vietnam Inland Waterway Administration;

b) decide to validate the test result, issue, reissue or change the certificate of specialized training.

2. The Department of Transport shall:

a) arrange tests, grant a decision to validate the test result, issue, reissue and change the certificate of competency of master grade 3 or grade 4, and chief engineer grade 3;

b) arrange tests, grant a decision to validate the test result, issue and reissue the certificate of training and certificate of basic safety training (for provinces where none of training institutions is located).

3. The training institution conforming to statutory eligibility requirements shall:

a) arrange tests, grant a decision to validate the test result, issue and reissue the certificate of training and certificate of basic safety training;

b) arrange tests that candidates can take to obtain the certificate of specialized training.

4. Any authority that has the power to issue the certificate of competency or qualification shall consider issuing, reissuing and changing this certificate or qualification. While reissuing the certificate of competency or qualification, the competent authority must destroy its original by cutting a corner of such document.

If any organization or individual wishes to apply for re-issuance or change of the certificate of competency or qualification at the authority that is not the authority that issued such certificate or qualification, that authority shall, within the power mentioned in Clauses 1, 2 and 3 of this Article, request the authority that issued such certificate or qualification to carry out verification, and then re-issue or change the certificate of competency or qualification as prescribed in Article 19 hereof after receiving the verification result.

Article 8. Regulations on organizing a training class

The training institution or the Department of Transport (as for areas where none of training institutions is located) shall:

1. Receive applications, and inspect or double-check the eligibility of a candidate to participate in a training class, or take tests or examinations in accordance with regulations.

2.  Hold such class, and arrange teaching staff, tests or examinations to assess the study result of learners according to the regulated training program.

3. Within a maximum period of 07 days from the start of the class, notify the Vietnam Inland Waterway Administration of:

a) List of learners eligible to attend the class (the Report No. 1) approved by the head of the training institution or Department of Transport (for provinces where none of training institutions is located) in accordance with regulations laid down in the Appendix II hereof;

b) Plan for the whole training program in accordance with regulations laid down in the Appendix III hereof.

4. Upon completion of a training program, send a report to the Vietnam Inland Waterway Administration on:

a) The study result of learners (the Report No. 2) approved by the head of the training institution or Department of Transport (for provinces where none of training institutions is located) in accordance with regulations laid down in the Appendix IV hereof;

b) Plan for test or examination arrangement.

5. As for the qualification, within a period of 10 days prior to the test for such qualification, the training institution or the Department of Transport (for provinces where none of training institutions is located) must send a written report to the Vietnam Inland Waterway Administration for its supervision of tests; as for the certificate of specialized training stipulated in Point b Clause 3 Article 7 hereof, after obtaining the study result of learners, the training institution must send such result to the Vietnam Inland Waterway Administration to serve the purpose of requesting this Administration to make a decision on validating these test results as well as issue the certificate of specialized training.

Article 9. Arrangement for tests or examinations to be taken to obtain the certificate of competency or qualification

1. After receiving the test or examination plan and the study result of learners (the Report No. 2), the competent authority stipulated in Article 7 hereof shall make a decision on establishment of the testing or examination board in compliance with regulations laid down in the Appendix V hereof and direct such tests or examinations in conformity with applicable regulations.  The Chair of the testing or examination board or authorized person, the Secretary of the testing or examination board, must be present to direct or solve any issues that may arise in the testing or examination process.

2. The Secretary of the testing or examination board shall inspect applications for participation in a training class, test or examination submitted by candidates; post a public notice about the list of eligible candidates at the testing rooms; guarantee that eligible candidates must achieve satisfactory scores of all required subjects, and total time of learning theoretical and practical lessons equals at least 80% compared with the statutory time as well as these candidates must present their valid documents in accordance with regulations mentioned in the application for participating in a training class, test or examination.

3. The testing or examination board shall convene its meetings as follows:

a) The first meeting session: setting up the testing and examination schedule as prescribed in the Appendix VI hereof; selecting questions used in tests or examinations from the question bank issued by the Vietnam Inland Waterway Administration; assigning tasks and developing approaches to arranging tests or examinations;

b) The second meeting session: checking the test or examination result according to the regulations laid down in the Appendix VII hereof; considering proposals, recommendations and solutions to other relevant issues. Additionally, the Chair of the testing or examination board shall have the power to convene the spontaneous meeting in order to solve any difficulty that may arise in the testing or examination process.

4. Upon completion of a test or examination, the testing or examination board shall notify the competent authority stipulated in Article 7 hereof of:

a) List of the test or examination results (the Report No. 3) according to the regulations laid down in the Appendix VIII hereof;

b) The meeting minutes of the first and second meeting session of the testing or examination board according to the regulations laid down in the Appendices IX and X hereof;

c) Other documents concerning these tests or examinations.

5. After receiving the report from the testing or examination board, the competent authority shall make a decision to validate the test or examination result and issue the certificate of competency or qualification (enclosing the list of candidates issued with certificates or qualifications) to candidates who have successfully passed these tests or examinations in accordance with regulations laid down in the Appendix XI hereof.  While issuing the higher-grade certificate of competency, the immediate lower-grade certificate of competency shall be destroyed by cutting a corner of such certificate and then return it to store in the candidate's enrolment applications.

6. While issuing the certificate of competency or qualification, the competent authority must record it in the logbook of issued certificates or qualifications. Such logbook shall be used for a single training course or multiple courses. The logbook recording the issuance, reissuance and change of the certificate of competency or qualification shall conform to the regulations laid down in the Appendix XII hereof.

Article 10. Testing or examination board

1. The testing or examination board shall be joined by 05 (five) or 07 (seven) members.

2. The testing board shall be composed of:

a) the Chair who is the leader of a competent authority as stipulated in Article 7 hereof or the authorized person;

b) the Vice Chair who is the leader of a competent authority or the leader of the training institution;

c) commissioner who holds the title as a Secretary. He/she is an official for professional education coming from a competent authority;

d) the other commissioner who is an official for a particular sector coming from a competent authority, the leader of a division, faculty or subject group of the training institution.

3. The examination board shall be composed of:

a) the Chair of the examination board who is the leader of the training institution or the leader of the Department of Transport (for provinces where none of training institution is located);

b) the Vice Chair of the examination board who is the leader or head of a division of the training institution or the leader of the division for a particular sector affiliated to the Department of Transport (for provinces where none of training institution is located);

c) the Commissioner who holds the title as the Secretary. He/she is the leader of the training division of the training institution or the official in charge of supervising the professional education coming from the Department of Transport (for provinces where none of training institution is located);

d) the other Commissioner who is the leader of a division, faculty or subject group of the training institution or the official in charge of a particular sector coming from the Department of Transport (for provinces where none of training institution is located).

Article 11. Responsibility and power of the testing or examination board

1. Arrange tests or examinations.

2. Make a decision to establish the test or examination proctoring or scoring committee according to the regulations laid down in the Appendix XIII hereof.

3. Approve the list of learners eligible for participation in the test or examination.

4. Convene 02 (two) meetings or unscheduled meetings and allow the meeting to take place only if the Chair or Vice Chair of the testing or examination board is present, or at least two-thirds of membership attend. In the testing or examination board’s meeting sessions, if there is any discrepancy that may arise, the decision of the board shall be by majority vote of the board members. Other cases shall be decided by the Chair.

5. Select test or examination questions and keep these questions confidential in terms of each grade of the certificate of competency or qualification.

6.  Aggregate all test or examination results and notify the competent authority of:

a) List of the test or examination results of candidates;

b) Test or examination pass list;

c) Meeting minutes of the board's meetings;

d) Other relevant documents.

Article 12. Test or examination proctoring or scoring committee

1. Depending on the number of candidates participating in the test or examination, it is possible to establish general or separate committee(s) but the committee must be joined by 03 (three) members. The Chief of the test or examination proctoring or scoring committee must be the commissioner of the test or examination board. Members of the test or examination proctoring or scoring committee must pass the training course on test or examination proctoring and scoring skills organized by the Vietnam Inland Waterway Administration within the latest three years from the date on which the course is published on the web portal of the Vietnam Inland Waterway Administration.

2. Tasks of the test or examination proctoring or scoring committee:

a) Carry out the proctoring or scoring of tests or examinations in conformity with legal regulations;

b) Request the test or examination board to make a prompt correction of errors that may occur in test or examination questions;

c) Arrange a minimum of 02 (two) members of the committee for each subject test;

d) Collect test or examination results and hand over these results to the Secretary of the committee.

Article 13. Subject test; testing or examination form; duration

1. The testing or examination board shall refer to the question bank promulgated by the Vietnam Inland Waterway Administration to select theoretical or practical test or examination questions.

2. As for general theoretical subject tests:

a) Testing form: multiple-choice questions;

b) Testing duration: 60 minutes at maximum;

c) Results: satisfactory or unsatisfactory;

d) Each test package shall include 30 (thirty) questions. Those who choose at least 25 correct answers shall achieve the satisfactory result.

3. As for specialized theoretical subject tests:

a) Testing form: Oral interview;

b) Testing duration: 45 minutes at maximum. Test preparation time must be restricted to 30 minutes and oral interview time must be restricted to 15 minutes;

c) Results: satisfactory or unsatisfactory.

4. As for practical subject tests:

a) Testing contents shall include basic professional skills and problem-solving skills which are aimed at testing how candidates cope with common actual situations;

b) The test that a candidate takes to obtain the certificate of competency of master grade 1 lasts up to 120 minutes;

c) The test that a candidate takes to obtain the certificate of competency of master grade 2 lasts up to 90 minutes;

d) The test that a candidate takes to obtain the certificate of competency of master grade 3 lasts up to 60 minutes;

dd) The test that a candidate takes to obtain the certificate of competency of master grade 1 lasts up to 45 minutes;

e) The examination that a candidate takes to obtain the certificate of training for deck rating or the certificate of training in ship operation or the certificate of specialized training lasts up to 30 minutes;

g) Practical subject tests are not required in the test or examination for the certificate of competency of chief engineer grade 1, grade 2 or grade 3 or the certificate of training for engine rating;

h) The result is considered satisfactory or unsatisfactory;

i) Testing form shall be decided by the testing or examination board.

5. Language used for learning, taking tests or examinations shall be Vietnamese.

6. Testing and examination rules shall conform to the regulations laid down in the Law on Vocational Training.

Chapter IV

ISSUANCE, REISSUANCE AND CHANGE OF THE CERTIFICATE OF COMPETENCY AND QUALIFICATION

Article 14. Test or examination result validation and issuance of the certificate of competency or qualification

1. The competent authority stipulated in Article 7 hereof shall:

a) grant a decision to validate the test result to candidates who achieve the satisfactory result of theoretical and practical test;

b) Issue the certificate of competency or qualification to candidates who have obtained the accepted test result within 10 working days from the date on which the decision on test result validation is made;

c) Directly confer or authorize the training institution where candidates apply for study and test to confer the certificate of competency or qualification on those who achieve satisfactory test results.

2. Failed candidates shall be allowed to retain the satisfactory result and shall be eligible to participate in any test held by that training institution within a period of 12 months.

Article 15. Considering issuing the certificate of competency or qualification

1. Requirements for issuance of certificate of basic safety training:

Applicants must hold the certificate of competency or certificate of training and be specified in the logbook recording the issuance of certificates kept by the competent authority specified in Article 7 hereof.

2. Requirements for issuance of the certificate of training for deck rating or certificate of training for engine rating

a) Applicants must hold at least a certificate of primary vocational training in navigation or marine engineering;

b) Applicants must complete the apprenticeship of at least 6 months over which they have held a title as a deck rating.

3. Eligibility requirements for participation in tests to obtain the certificate of competency of master grade 3 or chief engineer grade 3:

a) Applicants must hold a certificate of primary vocational training for masters grade 3 or chief engineer grade 3 or at least a Level 4 of VQF Diploma in navigation or marine engineering;

b) Applicants must complete the apprenticeship of at least 6 months over which they have held a title as a master grade 3 or chief engineer grade 3.

4. Eligibility requirements for participation in tests to obtain the certificate of competency of master grade 2 or chief engineer grade 2:

a) Applicants must hold at least a Level 5 of VQF Advanced Diploma in navigation or marine engineering;

b) Applicants must complete the apprenticeship of at least 6 months over which they have held a title as a master grade 2 or chief engineer grade 2.

Article 16. Reissuance of the certificate of competency or qualification

1. Those who hold damaged certificate of competency or qualification and are specified in the logbook recording the issuance of the certificate of competency or qualification kept by the issuer of this certificate or qualification shall be reissued with the certificate or qualification of this type.

2. Master or chief engineer license:

a) Those who hold the master or chief engineer license of which the 12-month valid term expires from December 31, 2019, and are specified in the logbook recording the issuance of such license kept by the issuer must retake the theoretical test to be eligible to be reissued with the new certificate of competency;

b) Those who hold the master or chief engineer license of which the valid term varying from over 12 months to below 24 months expires from December 31, 2019, and are specified in the logbook recording the issuance of such license kept by the issuer must resit both theoretical and practical test to be eligible to be reissued with the new certificate of competency;

c) Those who hold the master or chief engineer license of which the valid term of 24 months or more expires from December 31, 2019, and are specified in the logbook recording the issuance of such license kept by the issuer must attend the training course or participate in the test to obtain the certificate of competency equivalent to each type or grade of the issued license.

3. The certificate of competency:

a) Within a permitted period of less than 03 months after the expiry date of this certificate, those who are specified in the logbook recording the issuance of this certificate of competency shall be reissued with the new certificate of competency;

b) Within a permitted period from 03 months to 06 months after the expiry date of this certificate, those who are specified in the logbook recording the issuance of this certificate of competency must resit the theoretical test to be eligible to be reissued with the new certificate of competency;

c) Within a permitted period from 06 months to below 12 months after the expiry date of this certificate, those who are specified in the logbook recording the issuance of this certificate of competency must resit both theoretical and practical test to be eligible to be reissued with the new certificate of competency;

d) Within a permitted period of 12 months or more after the expiry date of this certificate, those who are specified in the logbook recording the issuance of the certificate of competency must attend the training course and take the test to obtain the certificate of competency equivalent to each category or grade of the issued certificate of competency.

4. Those who hold the certificate of competency still valid but lost and are specified in the logbook recording the issuance of this certificate and are not subjected to the competent authority’s measures to withhold or handle this certificate, within a period of 30 (thirty) working days of receipt of all required documents, shall be reissued with the new certificate of competency.

5. Those who hold the certificate of competency which expires but are lost, and are specified in the logbook recording the issuance of this certificate, and are not subjected to the competent authority’s measures to withhold or handle this certificate, must attend the training course and take the test to obtain the certificate of competency equivalent to each category or grade of the issued one.

6. The qualification:

a) Those who hold the certificate of training for deck rating grade 1, the certificate of training for deck rating grade 2 or the certificate of training for deck rating after graduating from the limited training program shall be reissued with the certificate of training for deck rating;

b) Those who hold the certificate of training for engine rating grade 1, the certificate of training for engine rating grade 2 or the certificate of training for engine rating after graduating from the limited training program or the equivalent shall be reissued with the certificate of training for engine rating;

c) Those who hold the certificate of training in ship operation, the certificate of training in ship operation grade 1, the certificate of training in ship operation grade 2 or the certificate of training in ship operation after graduating from the limited training program or the equivalent shall be reissued with the certificate of training in ship operation.

d) Those who hold the certificate of training in high-speed class-I or class-II ship operation or the equivalent shall be re-issued with the certificate of training in high-speed ship operation.

7. The lost certificate of competency or qualification shall be replaced and take the lost certificate number while the certificate issuer must notify relevant agencies of the invalidation of the old one.

8. Those who hold the certificate of competency of master grade 4 or higher, are above the legal working age and physically fit shall be issued with the certificate of training in ship operation without involvement in transport business.

Article 17. Change of the certificate of competency or qualification

1. Regarding those who hold the unexpired master/chief engineer license or unexpired master/chief engineer qualification issued by Vietnamese competent authorities; foreigners or Vietnamese persons residing overseas who hold the unexpired master/chief engineer license or unexpired master/chief engineer qualification issued by foreign competent authorities, if they wish to work aboard the domestic inland waterway ships, they are required to apply for a change from this license or certificate to the certificate of competency of master or chief engineer, or equivalent domestic inland waterway ship qualification in accordance with regulations laid down herein.

2. As for the master/chief engineer certificate or qualification for working aboard fishing vessels:

a) Those who hold the master/chief engineer qualification/certificate for working aboard the fishing vessel grade I and have been holding the title as a master or chief engineer working aboard the fishing vessel grade I for at least 18 months are eligible to have this qualification/certificate changed to the certificate of competency of master or chief engineer grade 2 for working aboard the inland waterway ship but are required to take tests in subjects equivalent to those that a master or chief engineer grade 2 must take, and satisfy the statutory requirements;

b) Those who hold the master/chief engineer qualification/certificate for working aboard the fishing vessel grade II and have been holding the title as a master or chief engineer working aboard the fishing vessel grade II for at least 18 months are eligible to have this qualification/certificate changed to the certificate of competency of master or chief engineer grade 3 for working aboard the inland waterway ship but are required to complete the refresher training program equivalent to the refresher training program that a master or chief engineer grade 3 must complete, take tests in subjects equivalent to those that a master or chief engineer grade 2 must take, and satisfy the statutory requirements;

c) Those who hold the master/chief engineer qualification/certificate for working aboard the fishing vessel grade III and have been holding the title as a master working aboard the fishing vessel grade III for at least 18 months are eligible to have this qualification/certificate changed to the certificate of competency of master grade 4 for working aboard the inland waterway ship but are required to complete the refresher training program equivalent to the refresher training program equivalent that a master or chief engineer grade 4 must complete, take tests in subjects equivalent to those that a master grade 4 must take, and satisfy the statutory requirements;

d) Those who hold chief engineer qualification/certificate for working aboard the fishing vessel grade III and have been holding the title as a chief engineer working aboard the fishing vessel grade III for at least 18 months are eligible to have this qualification/certificate changed to the certificate of competency of chief engineer grade 3 for working aboard the inland waterway ship but are required to complete the refresher training program equivalent to the refresher training program that a chief engineer grade 3 must complete, take tests in subjects equivalent to those that a chief engineer grade 3 must take, and satisfy the statutory requirements;

dd) Those who hold the certificate of training for a deck rating or engine rating working aboard the fishing vessel are eligible to have this certificate changed to the certificate of training for deck rating or engine rating for working aboard the inland waterway ship but are required to complete the refresher training program equivalent to the refresher training program that a deck rating or engine rating must complete, take tests in subjects equivalent to those that a deck rating or engine rating must take and satisfy the statutory requirements;

e) Those who hold the certificate of competency of master working aboard the fishing vessel grade III or higher, are above the legal working age and physically fit shall have this certificate changed to the certificate of training in ship operation without involvement in transport business but are required to complete the training program equivalent to the training program that a master must complete, take tests in subjects equivalent to those that a master must take and satisfy the statutory requirements.

3. As for the certificate of competency of master or chief engineer and qualification for work aboard seagoing vessels:

a) Candidates who hold at least a level 5 of VQF Advanced Diploma in navigation or marine engineering, and the certificate of competency of master working aboard the seagoing vessel with the capacity of 500 GT or more or chief engineer working aboard the seagoing vessel with the capacity of 750 kW or more, and have been holding the title as a master or chief engineer working aboard the seagoing vessel for at least 06 months shall have this diploma or certificate changed to the certificate of competency of master or chief engineer grade 1 working aboard the inland waterway ship (before holding the title as a master grade I, it is required to complete the at least 01-month apprenticeship as a master grade I working aboard the ship with a DWT of more than 1,000).

b) Candidates who hold at least a Level 4 of VQF Diploma in navigation or marine engineering, and the certificate of competency of master working aboard the seagoing vessel with the capacity of from 50 GT to less than 500 GT or chief engineer working aboard the seagoing vessel with the capacity of from 75 kW to less than 750 kW, and have been holding the title as a master or chief engineer working aboard the corresponding seagoing vessel for at least 06 months shall have this diploma or certificate changed to the certificate of competency of master or chief engineer grade 2 working aboard the inland waterway ship.

c) Those who hold the certificate of competency of master working aboard the seagoing vessel with the capacity of less than 50 GT, and have been holding the title as a master working aboard the corresponding seagoing vessel for at least 06 months shall have this certificate changed to the certificate of competency of master or chief engineer grade 3 or grade 4 working aboard the inland waterway ship;

d) Those who hold the certificate of competency of chief engineer working aboard the seagoing vessel with the capacity of less than 75 kW, and have been holding the title as a chief engineer working aboard the corresponding seagoing vessel for at least 06 months shall have this certificate changed to the certificate of competency of chief engineer grade 3 working aboard the inland waterway ship;

dd) Those who hold the certificate of training for deck rating or engine rating working aboard the fishing vessel are eligible to have this certificate changed to the certificate of training for deck rating or engine rating for working aboard the inland waterway ship;

e) Those who hold the certificate of competency of master working aboard the fishing vessel with the capacity of at least 50 GT, are above the legal working age and physically fit shall be issued with the certificate of training in ship operation without involvement in transport business.

g) Those who hold the certificate of competency of master working aboard the fishing vessel and have this certificate changed to the certificate of competency of master grade 1, grade 2 or grade 3 working aboard the inland waterway ship as prescribed in Points a, b and c of this Clause shall be issued with the certificate of specialized training in occupational safety and health aboard near-coastal ships or the certificate of specialized training in near-coastal ship operation;

h) Those who hold the certificate of competency of chief engineer working aboard the fishing vessel and have this certificate changed to the certificate of competency of chief engineer grade 1, grade 2 or grade 3 working aboard the inland waterway ship as prescribed in Points a, b and d of this Clause shall be issued with the certificate of specialized training in occupational safety and health aboard near-coastal ships.

Chapter V

APPLICATIONS AND PROCEDURES FOR ATTENDING TRAINING COURSES, PARTICIPATING IN TESTS OR EXAMINATIONS TO OBTAIN, ISSUING, RE-ISSUING AND CHANGING CERTIFICATE OF COMPETENCY AND QUALIFICATION

Article 18. Application and procedure for attending training courses or participating in tests or examinations to obtain certificate of competency or qualification

1. Any individual who wishes to attend a training course, take a test or examination to obtain the certificate of competency or qualification shall submit 01 application to the training institution or the Department of Transport (for provinces where none of training institution is located), whether in person or by post or in any other proper form. The application includes:

a) An application form, which is provided in the Appendix XIV hereof;

b) 02 (two) 2x3 cm color photos, which are taken on a white background within the last 06 months;

c) A health certificate issued by the competent health facility;

d) A copy submitted together with its original for the verification purpose (if submitted in person) or authenticated copy (if submitted by post or in any other proper form) of the master/chief engineer license or qualification or notarized Vietnamese translation (of the master/chief engineer license or qualification issued by foreign competent authorities), which serves as the evidence of eligibility to participate in appropriate tests or examinations to obtain the right certificate of competency or qualification as prescribed in Articles 5 and 6 hereof.

2. Procedure:

The training institution or the Department of Transport (for provinces where none of training institutions is located) shall receive and check the application and have it processed as follows:

a) If the application is submitted in person and satisfactory, they shall issue the appointment note to the applicant to allow him/her to attend the training course or take the test or examination to obtain the certificate of competency or qualification; if the application is not satisfactory, immediately return it and instruct the applicant to complete his/her application;

b) If the application is submitted by post or in any other proper form, and such application is not satisfactory, within 02 working days from the receipt of such application, the training institution or the Department of Transport (for provinces where none of training institution is located) shall request the applicant in writing to complete his/her application;

c) Within 03 working days from the receipt of the satisfactory application, the training institution or the Department of Transport (for provinces where none of training institution is located) shall issue the appointment note to the applicant to allow him/her to attend the training course, take the test or examination to obtain the certificate of competency or qualification;

d) The competent authority stipulated in Article 7 hereof shall arrange the test or examination and issue the certificate of competency or qualification to the candidate who conforms to test or examination conditions.

dd) The candidate who participates in the test or examination, receive the certificate of competency or qualification or person who is authorized to receive such certificate or qualification must present his/her identification card or passport.

Article 19. Application and procedure for issuance, reissuance and change of the certificate of competency and qualification

1. Any individual who wishes to apply for issuance, re-issuance or change of attend the certificate of competency or qualification shall submit 01 application, in person or by post or in any other proper form, to the Vietnam Inland Waterway Administration or the Department of Transport or training institution as prescribed in Article 7 hereof. The application includes:

a) An application form, which is provided in the Appendix XIV hereof;

b) 02 (two) 2x3 cm color photos, which are taken on a white background within the last 06 months;

c) A health certificate issued by the competent health facility;

d) A copy submitted together with its original for the verification purpose (if submitted in person) or authenticated copy (if submitted by post or in any other proper form) of the master/chief engineer license or qualification or notarized Vietnamese translation (of the master/chief engineer license or qualification issued by foreign competent authorities), which serves as the evidence of eligibility to be issued with the right certificate of competency or qualification as prescribed in Articles 15, 16 and 17 hereof.

2. Procedure:

The Vietnam Inland Waterway Administration or Department of Transport or training institution shall receive and check the application and have it processed as follows:

a) If the application is submitted in person and satisfactory, they must issue the appointment note to the applicant to receive the document processing result and proceed to complete his/her necessary steps in issuance, reissuance or change of such certificate or qualification; if the application is not satisfactory, instruct the applicant to complete his/her application;

b) If the application is submitted by post or in any other proper form, and such application is not satisfactory, within 02 working days from the receipt of such application, the Vietnam Inland Waterway Administration or the Department of Transport or training institution shall request the applicant in writing to complete his/her application;

c) Within 05 working days from the receipt of the satisfactory application, the Vietnam Inland Waterway Administration or the Department of Transport or training institution shall consider issuing, re-issuing or changing the certificate of competency or qualification as prescribed in this Circular.

Article 20. Retention of documentation submitted to apply for study, test, examination, issuance, reissuance and change of the certificate of competency or qualification

1. The competent authority stipulated in Article 7 hereof shall assume responsibility to retain the following documents:

a) List of students eligible to enroll in the training course (the Report No. 1); student's study result (the Report No. 2); list of test or examination results (the Report No. 3);

b) Decision to establish the test or examination board; Decision to establish the test or examination proctoring and scoring committee along with relevant documents about that board; Decision to validate test or examination results and issue the certificate of competency or qualification along with the list of candidates eligible to be issued with the certificate of competency or qualification;

c) Meeting minutes of the board's meetings;

d) Logbook recording the issuance, reissuance and change of the certificate of competency or qualification.

2. The training institution, in addition to documents stipulated in Clause 1 of this Article, must retain the following documents:

a)  Subject test results;

b) Candidate’s test results;

c) Records or documents about teaching and learning activities.

3. Candidates participating in tests must retain the following documents:

a) Application for participation in the training course, test or examination, issuance, re-issuance or change of the certificate of competency or qualification;

b) Old master or chief engineer license, certificate of competency or qualification of which a corner has been cut (if any).

4. Retention period:

a) Logbook recording the issuance, reissuance and change of the certificate of competency or qualification shall be retained for an unlimited period;

b) Tests and remaining documents shall be retained for at least 02 years;

c) Invalid documents shall be destroyed in accordance with applicable regulations.

Chapter VI

TRAINING IN TEST OR EXAMINATION PROCTORING AND SCORING SKILLS; TRAINING AND TESTING CONTENTS; ACTIONS AGAINST VIOLATIONS COMMITTED DURING TEST OR EXAMINATION PROCTORING AND SCORING

Article 21. Disciplines, categories and grades applied to test or examination proctoring or scoring

1. Disciplines:

a) Ship operation, denoted by T: it is eligible to carry out ship operation test or examination proctoring or scoring;

a) Ship engineering, denoted by M: it is eligible to carry out ship engineering test or examination proctoring or scoring;

2. Categories:

a) General theory, denoted by LTTH: it is eligible to carry out general theoretical test or examination proctoring or scoring;

b) Specialized theory, denoted by LTCM: it is eligible to carry out specialized theoretical and general theoretical subject test or examination proctoring or scoring;

c) Practice, denoted by TH: it is eligible to carry out practical test or examination proctoring or scoring;

d) Theory - practice, denoted by LT - TH: it is eligible to carry out both theoretical and practical test or examination proctoring or scoring.

3. Grades:

a) Grade 1, denoted by 1: it is eligible to carry out proctoring or scoring of the test or examination for the certificate of competency of master or chief engineer up to grade 1;

b) Grade 2, denoted by 2: it is eligible to carry out proctoring or scoring of the test or examination for the certificate of competency of master or chief engineer up to grade 3.

Article 22. Standards for participation in a training course to be eligible for test or examination proctoring or scoring

1. The person who carries out general theoretical test or examination proctoring or scoring must obtain at least a Level 4 of VQF Diploma.

2. The person who carries out specialized theoretical test or examination proctoring or scoring must obtain at least a Level 4 of VQF Diploma in navigation or marine engineering and have participated in teaching activities or worked in the inland waterway field for at least 12 months.

3. The person who carries out specialized practical test or examination proctoring or scoring must hold the high-school diploma or the equivalent or higher, the certificate of competency of which the grade is higher than the grade of the certificate of competency that the candidate is applying for participation in the training course to carry out test proctoring or scoring or taking a test to obtain; if he/she participates in a training course to be eligible to carry out proctoring or scoring of the practical test or examination for the certificate of competency of master grade 1, he/she must hold the certificate of competency of master grade 1 and have been holding the master grade 1 title for at least 24 months.

Article 23. Joining training course to be eligible for test or examination proctoring or scoring

1. The person who carries out test or examination proctoring or scoring must join a training course equivalent to each discipline, category and grade in accordance with regulations of this Circular.

2. Training contents: introduction to and provision of guidance on applicable legislative documents about training for seafarers and operators of inland waterway ships and other relevant applicable legislative documents, practical skills in navigation and engineering; application of information and technology to provision of training for seafarers and operators of inland waterway ships.

3. List of applicants for training courses shall be made using the form in the Appendix SV hereof.

Article 24. Publishing of list of persons passing the training course to be eligible for test or examination proctoring or scoring

1. Persons who pass the training course on test or examination proctoring or scoring skills shall be published on the web portal of the Vietnam Inland Waterway Administration.

2. Persons in charge of test or examination proctoring and scoring shall only carry out test or examination proctoring or scoring according to the discipline, category and grade specified in the training course they joined.

Article 25. Actions against violations committed by members of the test or examination proctoring or scoring committee

1. A member must not carry out test or examination proctoring or scoring within 03 months if one of the following violations is committed:

a) Showing improper attitude or behavior when engaging in the test or examination proctoring or scoring;

b) Failure to inspect the compliance with test or examination rules; list of candidates; testing or examination room safety conditions; conditions for safety of vehicles and equipment serving the test or examination;

c) Failure to notify the head of the test or examination proctoring or scoring committee when regulations on testing or examination room safety conditions; conditions for safety of vehicles and equipment serving the test or examination are not complied with;

d) Failure to perform the tasks assigned by the head of the test or examination proctoring or scoring committee;

dd) Dealing with personal matters, drinking wine or beer or using other banned stimulants during the test or examination proctoring or scoring;

e) Performing duties ultra vires;

g) Failure to carefully check the test or examination questions, thereby resulting in errors when handing over the test or examination questions to the secretary of the test or examination proctoring or scoring committee.

2. A member must not carry out test or examination proctoring or scoring within 06 months if one of the following violations is committed:

a) Failure to notify the head of the test or examination proctoring or scoring committee, which will request the testing or examination board to make a prompt correction of errors that may occur in test or examination questions;

b) Failure to arrange a minimum of 02 (two) members of the committee for each subject test;

c) Assisting candidates in any shape or form;

d) Letting arguments, fights or incidents occur during the test or examination proctoring or scoring for subjective reasons;

dd) Failure to collect test or examination results and hand over these results to the Secretary of the testing or examination board;

e) Facing penalties as prescribed in Clause 1 of this Article 02 (two) times within 12 months.

3. A member must not carry out test or examination proctoring or scoring within 12 months if one of the following violations is committed:

a) Failure to correctly comply with the test or examination contents, procedures and sequence in accordance with applicable regulations;

b) Inaccurately carrying out test or examination proctoring, thereby affecting candidates’ test results;

c) Screening violations and misconduct;

d) Falsifying the test or examination results;

dd) Facing penalties as prescribed in Clause 2 of this Article 02 (two) times within 12 months.

4. The performance of test or examination proctoring or scoring duties shall not be recognized if penalties are faced 02 (two) times as prescribed in Clause 3 of this Article.

Article 26. The power to take actions against violations committed by members of the test or examination proctoring or scoring committee

1. The Chair of the test or examination board shall suspend the test or examination proctoring and scoring by members of the test or examination proctoring or scoring committee if they commit the violations in Clauses 1, 2 and 3 article 25 hereof and request the Vietnam Inland Waterway Administration to take actions after the test or examination.

2. The Vietnam Inland Waterway Administration shall take actions against violations committed by members of the test or examination proctoring or scoring committee according to the request made by the Chair of the test or examination board as prescribed in Article 25 of this Circular.

Chapter VII

IMPLEMENTATION CLAUSE

Article 27. Reporting regulations

1. On the 20th of every month, training institutions shall submit a report to Departments of Transport on the results of training for seafarers and operators of inland waterway ships, and the issuance, re-issuance and change of the certificate of competency in accordance with regulations set forth in the Appendix XVI hereof and update information about seafarers and operators of inland waterway ships within their jurisdiction to the database.

2. On the 25th of every month, Departments of Transport and training institutions shall submit a report to the Vietnam Inland Waterway Administration on the results of training for seafarers and operators of inland waterway ships, and the issuance, re-issuance and change of the certificate of competency and qualifications in accordance with regulations set forth in the Appendix XVI hereof and update information about seafarers and operators of inland waterway ships within their jurisdiction to the database.

Article 28. Transitional clauses

1. The test or examination proctoring card issued before the effective date of this Circular shall remain effective until its expiry. If the test or examination proctoring card is unexpired and the cardholder wishes to keep carrying out test or examination proctoring or scoring , he/she must join a training course equivalent to each discipline, category and grade in accordance with regulations of this Circular.

2. The training courses organized before the effective date of this Circular shall continue to be run as prescribed in the Circular No. 56/2014/TT-BGTVT dated October 24, 2014 and Circular No. 02/2017/TT-BGTVT dated January 20, 2017 of the Ministry of Transport.

Article 29. Implementation

1. The Vietnam Inland Waterway Administration shall:

a) organize the implementation of this Circular;

b) inspect the provision of training for seafarers and operators of inland waterway ships nationwide;

c) print, publish and manage the consistent use of specimens of the certificate of competency and qualifications nationwide;

d) develop training contents and organize courses on training in test or examination proctoring and scoring skills;

dd) create test or examination question banks and answer keys according to the seafarer and inland waterway ship operator training contents and program; design specimen of test or exam paper;

e) post the list of persons who pass the training course on examination proctoring or scoring skills equivalent to each discipline, category and grade on the web portal of the Vietnam Domestic Waterway General Department;

g) take charge and cooperate with relevant authorities and units in establishing and using database serving management of training for seafarers and operators of inland waterway ships.

2. Departments of Transport shall:

a) organize the implementation of this Circular;

b) inspect the provision of training for seafarers and operators of inland waterway ships under their management;

c) facilitate inspections by and comply with professional guidance of the Vietnam Inland Waterway Administration;

3. Training institutions shall:

a) organize the implementation of this Circular;

b) facilitate inspections and supervisions by and comply with professional guidance of the Vietnam Inland Waterway Administration, Departments of Transport and other competent regulatory authorities.

Article 30. Effect

This Circular comes into force from January 01, 2020 and supersedes the Circular No. 56/2014/TT-BGTVT dated October 24, 2014 and Circular No. 02/2017/TT-BGTVT dated January 20, 2017 of the Ministry of Transport.

Article 31. Responsibility for implementation

The Chief of the Ministry’s Office, the Chief Inspector of the Ministry, Directors, Director General of the Vietnam Inland Waterway Administration and head of agencies and organizations or individuals concerned are responsible for the implementation of this Circular./.

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