Thông tư 37/2016/TT-BGTVT

CIRCULAR

ON REGULATION ON STANDARDS OF COMPETENCE AND CERTIFICATES OF SEAFARER’S COMPETENCY AND PROFICIENCY AND MINIMUM SAFE MANNING LEVELS FOR VIETNAMESE SHIPS

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20, 2012, defining the functions, rights, obligations and organizational structure of the Ministry of Transport;

Pursuant to the 1978 International Convention on standards of training, certification and watchkeeping for seafarers, amended in 2010 to which Vietnam is a signatory (hereinafter referred to as “STCW Convention");

Upon request of the Director of the Organization and Personnel Department and Department of Vietnam Maritime Administration;

The Minister of Transport hereby issues these Circular specifying regulations on standards of competence and certificates of seafarer’s competency and proficiency and minimum safe manning levels for Vietnamese ships.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular stipulates standards of competence and certificates of seafarer’s competency and proficiency and minimum safe manning levels for Vietnamese ships.

2. This Circular applies to official-duty vessels in specific circumstances as stipulated herein.

Article 2. Subjects of application

This Circular applies to entities to whom the standards of competence and certificates of seafarer’s competency and proficiency and minimum safe manning levels for Vietnamese ships apply.

Article 3. Interpretation

For the purpose of this Circular, terms herein shall be construed as follows;

1. STCW Convention is the 1978 International Convention on standards of training, certification and watchkeeping for seafarers, amended in 2010.

2. STCW Code is a code of law issued together with the 1978 International Convention on standards of training, certification and watchkeeping for seafarers and its amendments.

3. Master is the person having supreme command of a ship.

4. Officer is a member of the crew other than the master, definitely meeting eligibility requirements and standards for undertaking a capacity on board a ship.

5. Chief mate means the officer next in rank to the master and upon whom the command of the ship will fall in the event of the incapacity of the master.

6. Deck officer means an officer qualified in accordance with the provisions of chapter II of the STCW Convention

7. Ordinary Seaman (OS) is a person who is qualified in accordance with the provisions of regulation II/4 of the STCW Convention and completes the training course prescribed by the Minister of Transport.

8. Able Seaman (AB) is a person who is qualified in accordance with the provisions of regulation II/4 and II/5 of the STCW Convention and completes the training course prescribed by the Minister of Transport.

9. Chief engineer officer means the senior engineer officer responsible for the mechanical propulsion, operation and maintenance of the mechanical and electrical installations of the ship;

10. Second engineer officer means the engineer officer next in rank to the chief engineer officer and upon whom the responsibility for the mechanical propulsion, operation and maintenance of the mechanical and electrical installations of the ship will fall in the event of the incapacity of the chief engineer officer;

11. Engineer officer means an officer qualified in accordance with the provisions of regulation III/1, III/2 or III/3 of the STCW Convention;

12. Oiler is a person who is qualified in accordance with the provisions of regulation III/4 of the STCW Convention and completes the training course prescribed by the Minister of Transport.

13. AB Oiler is a person who is qualified in accordance with the provisions of regulation III/4 and III/5 of the STCW Convention and completes the training course prescribed by the Minister of Transport.

14. Electro-technical officer means an officer qualified in accordance with the provisions of regulation III/6 of the STCW Convention.

15. Electrician means a seafarer qualified in accordance with the provisions of regulation III/7 of the STCW Convention.

16. GMDSS radio operator is a person who is qualified in accordance with the provisions of chapter IV of the STCW Convention.

17. Ship security officer means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers.

18. Security duties include all security tasks and duties on board ships as defined by chapter XI-2 of the International Convention for the Safety of Life at Sea (SOLAS 1974, as amended) and the International Ship and Port Facility Security (ISPS) Code

19. Oil tanker is a ship constructed and used for the carriage of petroleum and petroleum products in bulk.

20. Chemical tanker is a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the International Bulk Chemical Code.

21. Liquefied gas tanker is a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the International Gas Carrier Code.

22. Passenger ship is a ship as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), as amended.

23. Ro-Ro passenger ship is a passenger ship with Ro-Ro spaces or special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), as amended.

24. Near-coastal voyage is a voyage of a ship of less than 500 GT in the inland waters bordered with straight lines connecting with points at the following coordinates:12°00’N, 100°00’E; 23°00’N, 100°00’E; 23°00’N, 114°20’E; 12°00’N, 114°00’E; 12°00’N, 116°00’E; 07°00’N, 116°00’E and 07°00’N, 102°30’E. In addition, any voyage of a ship within the sovereignty, sovereign rights and continental shelf of Vietnam is defined as near-coastal voyage.

25. Training record book is a record book given to a person obtaining a bachelor degree in the period of internship as a deck officer on board a ship of at least 500 GT or as an engineer officer on board a ship powered by main propulsion machinery of at least 750 kW, or given to a trainee engineer officer on a ship powered by main propulsion machinery of at least 750 kW under a maritime officer training course approved by the Minister of Transport; and given to a seafarer obtaining an associate bachelor degree or higher in the period of internship as an electro-technical officer as required in Table A-III/6 of the STCW Code.

26. Internship period is a length of time during which a seafarer work on a ship under a training course in accordance with the STCW Convention.

27. Probationary period is a period of time during which a person apprentices at a certain capacity on a ship having the similar gross tonnage to that in his/her certificate of competency under the supervision of an officer.

28. Tenure is a period of time a person holding a job at a capacity corresponding to the granted the certificate of competency.

29. Period of seagoing service is duration of time during which a seafarer or trainee works or apprentices on board a ship.

30. Month is a calendar month or 30 days made up of periods of less than one month.

31. Function is a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment.

32. Company is the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by these regulations

33. Certificate of competency is a certificate issued to a seafarer as stipulated in the STCW Convention.

34. Certificate of proficiency is a certificate issued to a seafarer as stipulated in the STCW Convention.

35. Certificate of endorsement attesting the recognition of a certificate of competency is a written document issued to a seafarer who is granted a certificate of competency by the Director of the Vietnam Maritime Administration under the STCW Convention to work on board a Vietnamese ship.

36. Endorsement attesting the issue of a certificate is a written document the Director of the Vietnam Maritime Administration issues to a seafarer who already obtained a certificate of completion of a training course by the training facility in accordance with the regulation IV/2, V/1-1 and V/1-2 of the STCW convention.

Chapter II

STANDARDS OF SEAFARER’S COMPETENCE

Article 4. Standards of competence of masters and chief mates on ships of 500GT or more

Every master and chief mate on board any ship of 500GT or more shall meet all standards of competence specified in Section A-II/1, A-II/2, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the management level.

2. Cargo handling and stowage, at the management level.

3. Controlling the operation of the ship and care for persons on board, at the management level.

4. Communications, at the operational level.

Article 5 .Standards of competence of masters and chief mate on ships of between 50GT inclusive and 500GT on near-coastal voyages and masters on ships of less than 50GT

Every master and chief mate on any ship of between 50 GT inclusive and 500 GT on a near-coastal voyage shall meet all standards of competence specified in Section AA-II/3, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the management level.

2. Cargo handling and stowage, at the management level.

3. Controlling the operation of the ship and care for persons on board, at the management level.

4. Communications, at the operational level.

Article 6. Standards of competence of deck officers on ships of 500GT or more

Every deck officer on any ship of 500GT or more shall meet all standards of competence specified in Section A-II/1, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the operational level.

2. Cargo handling and stowage, at the operational level.

3. Controlling the operation of the ship and care for persons on board, at the operational level.

4. Communications, at the operational level.

Article 7.Standards of competence of deck officers on ships of between 50GT inclusive and 500GT on near-coastal voyages

Every deck officer on any ship of between 50GT inclusive and 500 GT on a near-coastal voyage shall meet all standards of competence specified in Section A-II/3, A-IV/2 and A-VIII/2 of the STCW Code in respect of the following functions:

1. Navigation, at the operational level.

2. Cargo handling and stowage, at the operational level.

3. Controlling the operation of the ship and care for persons on board, at the operational level.

4. Communications, at the operational level.

Article 8. Standards of competence of seamen

1. Standards of competence of OS

Every OS shall meet the standards of competence specified in Section A-II/4 of the STCW Code on navigation functions at the support level.

2. Standards of competence of AB

Every AB shall meet competence standards specified in Section A-II/4 and A-II/5 of the STCW Code on the following functions:

a) Navigation, at the support level;

Cargo handling and stowage, at the support level.

c) Controlling the operation of the ship and care for persons on board, at the support level.

d) Maintenance and repair at the support level.

Article 9. Standards of competence of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 750 kW or more

Every chief engineer officer and second engineer officer on any ship powered by the main propulsion machinery of 750 kW or more shall meet all standards of competence specified in Section A-III/1, A-III/2 and A-VIII/2 of the STCW Code on the following functions:

1. Marine engineering, at the management level.

2. Electrical, electronic and control engineering, at the management level.

3. Maintenance and repair, at the management level.

4. Controlling the operation of the ship and care for persons on board, at the management level.

Article 10.Standards of competence of chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW and chief engineer officers on ships powered by main propulsion machinery of less than 75 kW

Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW and chief engineer officers on ships powered by main propulsion machinery of less than 75 kw shall meet competence standards under training courses prescribed by the minister of transport i the following functions:

1. Marine engineering, at the management level.

2. Electrical, electronic and control engineering, at the management level.

3. Maintenance and repair, at the management level.

4. Controlling the operation of the ship and care for persons on board, at the management level.

Article 11. Standards of competence of engineer officers on ships powered by main propulsion machinery of 750 kW or more

Every engineer officer on any ship powered by the main propulsion machinery of 750 kW or more shall meet all standards of competence specified in Section -III/1 and A-VIII/2 of the STCW Code on the following functions:

1. Marine engineering, at the operational level.

2. Electrical, electronic and control engineering, at the operational level.

3. Maintenance and repair, at the operational level.

4. Controlling the operation of the ship and care for persons on board, at the operational level.

Article 12. Standards of competence of engineer officers on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW

 Engineer officers on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW shall meet competence standards under training courses prescribed by the minister of transport on the following functions:

1. Marine engineering, at the operational level.

2. Electrical, electronic and control engineering, at the operational level.

3. Maintenance and repair, at the operational level.

4. Controlling the operation of the ship and care for persons on board, at the operational level.

Article 13. Standards of competence of Oilers

1. Standards of competence of oilers:

Every Oiler shall meet competence standards specified in Section A-III/4 of the STCW Code on marine engineering at the support level.

2. Standards of competence of AB oilers:

Every AB oiler shall meet competence standards specified in Section A-III/4 and III/5 of the STCW Code on the following functions:

a) Marine engineering, at the support level;

b) Electrical, electronic and control engineering, at the support level;

c) Maintenance and repair, at the support level;

d) Controlling the operation of the ship and care for persons on board, at the support level.

Article 14. Standards of competence of electro-technical officers

Every electro-technical officer shall meet the standards of competence specified in Section A-III/6 of the STCW Code on the following functions:

1. Electrical, electronic and control engineering, at the operational level.

2. Maintenance and repair, at the operational level.

3. Controlling the operation of the ship and care for persons on board, at the operational level.

Article 15. Standards of competence of electricians

Every electrician shall meet competence standards specified in Section A-III/7 of the STCW Code on the following functions:

1. Electrical, electronic and control engineering, at the support level.

2. Maintenance and repair, at the support level.

3. Controlling the operation of the ship and care for persons on board, at the support level.

Chapter III

CERTIFICATE OF COMPETENCY ISSUED TO SEAFARERS

SECTION 1. TYPES OF PROFESIONAL CERTIFICATES

Article 16. Classification of professional certificates

The professional certificate is classified into:

1. Certificate of competency; and

2. Certificate of proficiency:

a) Certificate of proficiency in basic training;

b) Certificate of proficiency in special training; and

c) Certificate of proficiency in professional training;

3. Specimens of such certificates are presented in the Annex I attached hereto.

Article 17.Certificate of competency

1. The certificate of competency shall be issued to a seafarer appropriate to his/her capacity by the Vietnam Maritime Administration under provisions hereof, other relevant regulations of Vietnam’s laws and in accordance with provisions of STCW Convention.

2. A certificate of competency shall remain valid for 05 years from the date of issue. Where a seafarer’s remaining working period until retirement is less than 05 years, the effective period of the certificate of competency shall equal to the remaining working period of that seafarer.

Article 18. Certificates of proficiency in basic training

1. The training facility shall issue the certificate of proficiency in basic training to any seafarer who completes the basic training courses in personal survival techniques, fire safety, medical first aid, personal safety, social responsibilities and ship security awareness in accordance with provisions of the STCW Convention.

2. A certificate of proficiency in basic training shall remain valid for 05 years from the date of issue. Where a seafarer’s remaining working period until retirement is less than 05 years, the effective period of the certificate of proficiency in basic training shall equal to the remaining working period of that seafarer as stipulated in the legislation on labor.

Article 19. Certificates of proficiency in special training

1. The training facility shall issue a certificate of proficiency in special training to a seafarer, in accordance with provisions of the STCW Convention, if (s) he completes one of the following special training courses:

a) Oil tanker, chemical tanker and liquefied petroleum gas tanker basic training;

b) Oil tanker, chemical tanker and liquefied petroleum gas tanker advanced training;

c) Crowd management for seafarers on passenger ships and Ro-Ro passenger ships;

d) Safety training for personnel providing direct service for passengers on passenger spaces of passenger ships and Ro-ro passenger ships;

dd) Passenger safety, cargo safety and hull integrity for passenger ships and Roro passenger ships;

e) Crisis management and human behaviors on passenger ships and Roro passenger ships.

2. A certificate of proficiency in special training shall remain valid for 05 years from the date of issue. Where a seafarer’s remaining working period until retirement is less than 05 years, the effective period of the certificate of proficiency in special training shall equal to the remaining working period of that seafarer as stipulated in the legislation on labor.

Article 20. Certificates of proficiency in professional training

1. The training facility shall issue a certificate of proficiency in professional training to a seafarer in accordance with provisions of the STCW Convention if (s) he completes one of the special training courses:

a) Radar observation and plotting;

b) Automatic radar plotting aids (ARPA);

c) Global maritime distress and safety system (GMDSS) including GOC (General Operator’s Certificate) and ROC (Restricted Operator’s Certificate) for GMDSS;

d) Advanced training in fire fighting;

dd) Medical first aid;

e) Medical care;

g) Survival crafts and rescue boats;

h) Fast rescue boats;

i) Designated ship security duties;

k) Ship security officer training;

l) Bridge team/resource management;

m) Engine room team/resource management;

n) Maritime English;

o) Electronic nautical chart display and information;

p) Ship safety management;

q) Chief cooks and cooks training;

2. A certificate of proficiency in professional training shall remain effective for 05 years from the date of issue. Where a seafarer’s remaining working period until retirement is less than 05 years, the effective period of the certificate of proficiency in professional training shall equal to the remaining working period of that seafarer as stipulated in the legislation on labor.

SECTION 2. MANDATORY REQUIREMENTS FOR ISSUE OF CERTIFICATES OF COMPETENCY

Article 21. General requirements

For certification of competency, a candidate shall:

1. Be in the range of the working age and meet health standards as prescribed in regulations of laws.

2. Hold a degree in control engineering, marine engineering or marine electric engineering from marine schools or a certificate as marine officer as stipulated in the Minister of Transport’s regulations.

3. In the following circumstances, a candidate shall complete the training programs or take additional subjects if(s) he:

a) graduates in majors specified in clause 2 of this Article from schools other than marine schools;

b) graduates in majors in the same category with those specified in clause 2 of this Article from marine schools;

c) Graduates in inland watercraft engineering or inland electrical engineering from schools specialized in inland waterways.

4. Meet standards of competence and undertake the position corresponding to the capacity prescribed in Article 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 hereof in a certain period of time.

Article 22. Mandatory requirements for issue of certificates of competency to masters and chief mates on ships of 3000GT or more

1. Requirements for competence:

Every candidate for certification shall:

a) Obtain a bachelor degree in control engineering. If a candidate only holds an associate degree in control engineering, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire level 3 in marine English proficiency;

c) Complete the advanced training as stipulated by the Minister of Transport;

d) Pass the examination for masters and chief mates on ships of 3000 GT or more.

2. Requirements for titleholing:

a) For chief mates: undertake responsibilities of a deck officer on ships of 500GT in at least 24 months

b) For masters: undertake responsibilities in the capacity as a chief mate on ships of 3000GT or more for at least 24 months; or as a master on ships of between 500GT inclusive and 3000GT for at least 12 months and as a chief mate on ships of 3000GT or more for at least 12 months.

Article 23. Mandatory requirements for issue of certificates of competency to masters and chief mates on ships of 500GT to less than 3000GT

1. Requirements for competence:

Every candidate for certification shall:

a) Hold an associate degree in control engineering or higher. If a candidate obtains only a professional/vocational secondary education diploma in control engineering, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire level 2 in marine English proficiency;

c) Complete the advanced training as stipulated y the Minister of Transport;

d) Pass examinations for masters and chief mates on ships of between 500GT inclusive and 3000 GT.

2. Requirements for titleholing:

a) For chief mates: undertake responsibilities in the capacity as a deck officer on ships of 500GT or more for at least 24 months;

b) For masters: undertake responsibilities in the capacity as a chief mate on ships of between 500GT inclusive and 3000GT for at least 24 months; or as a master on near-coastal ships of between 50GT inclusive and 500GT for at least 12 months and as a chief mate on ships of between 500GT inclusive and 3000GT for at least 12 months.

Article 24. Mandatory requirements for issue of certificates of competency to masters and chief mates on ships of between 50GT inclusive and 500GT not for purposes of near-coastal voyages

Each master and chief mates on ships of between 50GT inclusive and 500GT not for the purpose of near-coastal voyages shall hold a certificate of competency as that of a master and chief mate on ships of 500GT or more.

Article 25. Mandatory requirements for issue of certificates of competency to masters and chief mates on ships of between 50GT inclusive and 500GT for purposes of near-coastal voyages

1. Requirements for competence:

Every candidate for certification shall:

a) Hold a professional/vocational secondary education diploma in control engineering or higher;

b) Acquire level 1 in marine English proficiency;

c) Complete the shot-term advanced training program as stipulated by the Minister of Transport;

2. Requirements for titleholing:

a) For chief mates: undertake responsibilities in the capacity as a deck officer on ships of between 50GT inclusive and 500GT for at least 24 months;

b) For masters: undertake responsibilities in the capacity as a chief mate on ships of between 50GT inclusive and 500GT used for near-coastal voyages for at least 24 months.

Article 26. Mandatory requirements for issue of certificates of competency to masters on ships of less than 50GT

1. Requirements for competence:

Every candidate for certification shall:

a) Hold a lower secondary education completion certificate;

b) Complete a short-term training course in control engineering and pass the exam as stipulated by the Minister of Transport. Any candidate acquiring a certificate in elementary control engineering, (s) he may only be required to pass the exam.

2. The duration of approved seagoing service shall be at least 12 months.

Article 27. Mandatory requirements for issue of certificates of competency to deck officers on ships of 500GT or more

1. Requirements for competence:

Every candidate for certification shall:

a) Hold an associate degree in control engineering or certificate of completion of control engineering officer training course as prescribed by the Minister of Transport. . If a candidate obtains only a professional/vocational secondary education diploma in control engineering, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire level 2 in marine English proficiency;

c) Pass the licensure exam for deck officers on ships of 500GT or more.

2. Requirements for titleholing:

a) Work as apprentice for at least 12 months as recorded in the training book record under the training program meeting requirements in Section A-II/1 of STCW Code or have the approved length of seagoing service on board ships of 500GT or more of at least 36 months including at least 06 months as a seaman;

b) Any candidate who has been a deck officer on near-coastal ships of between 50GT inclusive and 500GT shall have at least 06 month serving in seagoing service on board ships of 500GT or more.

Article 28. Mandatory requirements for issue of certificates of competency to deck officers on ships of between 50GT inclusive and 500GT not serving near-coastal voyages

Every deck officer on ships of between 50GT inclusive and 500GT not serving near-coastal voyages must hold a certificate of competency granted to deck officer on ships of 500GT or more as stipulated in Article 27 hereof.

Article 29. Mandatory requirements for issue of certificates of competency to deck officers on ships of between 50GT inclusive and 500GT serving near-coastal voyages

1. Requirements for competence:

Every candidate for certification shall:

a) Obtain a professional/vocational secondary education diploma in control engineering or higher;

b) Acquire at least level 1 in marine English proficiency;

c) Pass the licensure exam for deck officers on ships of between 50GT inclusive and 500GT.

2. Requirements for titleholing: have at least 36 months serving in seagoing service on board ships of 50GT or more.

Article 30. Mandatory requirements for issue of certificates of competency to chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3000 kW or more

1. Requirements for competence:

Every candidate for certification shall:

a) Hold a bachelor degree in ship operations. If a candidate obtains only an associate degree in ship operations, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire level 3 in marine English proficiency;

c) Complete the advanced training as stipulated by the Minister of Transport;

d) Pass the exam for chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3000 kW or more.

2. Requirements for titleholing:

a) For second engineer officers: take on responsibilities in the capacity as an engineer officer on ships powered by main propulsion machinery of 750 kW or more for at least 24 months;

b) For chief engineer officers: take on responsibilities in the capacity as a second engineer officer on ships powered by main propulsion machinery of 3000 kW or more for at least 24 months or take on responsibilities in the capacity as a chief engineer officer on ships powered by main propulsion machinery of between 750 kW inclusive and 3000 kW for at least 12 months and as a second engineer officer on ships powered by main propulsion machinery of 3000 kW or more for at least 12 months,

Article 31. Mandatory requirements for issue of certificates of competency to chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW inclusive and 3000 kW

1. Requirements for competence:

Every candidate for certification shall:

a) Hold an associate degree in ship operations or higher. If a candidate only obtains a professional/vocational secondary education diploma in ship operations, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire at least level 2 in marine English proficiency;

c) Complete the advanced training as stipulated by the Minister of Transport;

d) Pass examinations for chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW inclusive and 3000 kW.

2. Requirements for titleholing:

a) For second engineer officers: take on responsibilities in the capacity as an engineer officer on ships powered by main propulsion machinery of 750 kW or more for at least 24 months;

b) For chief engineer officers: take on responsibilities in the capacity as second engineer on ships powered by main propulsion machinery of between 750 kW inclusive and 3000 kW for at least 24 months or take on responsibilities in the capacity as chief engineer officer on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW for at least 12 months and as a second engineer officer on ships powered by main propulsion machinery of between 750 kW inclusive and 3000 kW for at least 12 months.

Article 32. Mandatory requirements for issue of certificates of competency to chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW

1. Requirements for competency:

Every candidate for certification shall:

a) Hold a professional/vocational secondary education degree in ship operations or higher.

b) Acquire at least level 1 in marine English proficiency;

c) Complete the advanced training as stipulated by the Minister of Transport;

2. Requirements for titleholing:

a) For second engineer officers: take on responsibilities in the capacity as an engineer officer on ships powered by main propulsion machinery of between 75kW inclusive and 750 kW for at least 24 months;

b) For chief engineer officers: take on responsibilities in the capacity as second engineer on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW for at least 24 months; or take on responsibilities in the capacity as engineer officer on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW for at least 36 months. .

Article 33. Mandatory requirements for issue of certificates of competency to chief engineer officers on ships powered by main propulsion machinery of less than 75 kW

1. Requirements for competence:

Every candidate for certification shall:

a) Hold a lower secondary education completion certificate;

b) Complete short-term training courses in ship operations and pass examinations as stipulated by the Minister of Transport. Any candidate acquiring a certificate in elementary ship operations, (s) he may only be required to pass the exam.

2. The approved length of seagoing service shall be at least 12 months.

Article 34. Mandatory requirements for issue of certificates of competency to engineer officers on ships powered by main propulsion machinery of 750 kW or more

1. Requirements for competence:

Every candidate for certification shall:

a) Hold an associate degree in ship operations or higher; or a certificate of completion of ship operations officer training course as prescribed by the Minister of Transport. If a candidate only obtains a professional/vocational secondary education diploma in ship operations, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire at least level 2 in marine English proficiency;

c) Pass examinations for engineer officers on ships powered by main propulsion machinery of 750 kW or more.

2. Requirements for titleholing:

a) Work as an apprentice for at least 12 months as recorded in the training book record under the training program meeting requirements in Section A-III/1 of STCW Code or serve at least 36 months in seagoing service on board ships powered by main propulsion machinery of 75 kW or more including at least 06 months as a seaman;

b) Any candidate who held the title as an engineer officer on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW shall serve at least 06 months in the approved seagoing service on ships powered by main propulsion machinery of 750 kW or more.

Article 35. Mandatory requirements for issue of certificates of competency to engineer officers on ships powered by main propulsion machinery of between 75 kW inclusive and 750 kW

1. Requirements for competence:

Every candidate for certification shall:

a) Obtain a professional/vocational secondary education degree in ship operations or higher.

b) Acquire at least level 1 in marine English proficiency;

c) Pass examinations for engineer officers on ships powered by main propulsion machinery of between 75 kW inclusive and750 kW.

2. Requirements for titleholing: serve in seagoing services on board ships powered by main propulsion machinery of 75 kW or more for at least 36 months.

Article 36. Mandatory requirements for issue of certificates of competency to seamen

1. Every OS shall:

a) Hold a professional/vocational secondary education diploma in control engineering or certificate of completion of control engineering theory under maritime officer training program as prescribed by the Minister of Transport. If a candidate only obtains an elementary certificate in control engineering, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing services for 06 months or apprentice as a seaman in 02 months.

2. Every candidate for AB shall:

a) Obtain a professional/vocation secondary education diploma in control engineering. If a candidate obtains only an elementary certificate in control engineering, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing services for 18 months or apprentice as an AB in 12 months.

Article 37. Mandatory requirements for issue of certificates of competency to Oilers

1. Every candidate for oiler shall:

a) Hold a professional/vocational secondary education diploma in ship operations or higher; or certificate of completion of ship operations theory as part of maritime officer training program as prescribed by the Minister of Transport. If a candidate obtain an elementary certificate, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing services for 06 months or apprentice as an Oiler in 02 months.

2. Every candidate for AB shall:

a) Obtain a professional/vocational secondary education degree in ship operations or higher. If a candidate only obtains an elementary certificate, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire a certificate of proficiency in basic training;

c) Serve in approved seagoing services for 18 months or apprentice as an AB Oiler in 12 months.

Article 38. Mandatory requirements for issue of certificates of competency to electro-technical officers

1. Requirements for competence:

Every candidate for certification shall:

a) Obtain an associate degree in marine electrical engineering or higher. If a candidate only obtains a professional/vocational secondary education diploma in marine electrical engineering, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

b) Acquire at least level 2 in marine English proficiency;

c) Complete the advanced training as stipulated by the Minister of Transport and pass examinations for electro-technical officers;

2. Requirements for titleholing: undergo an apprenticeship of at least 12 months as part of the training program meeting requirements in table A-III/6 of the STCW Code as recorded in the training book record; or serve in approved seagoing services at least 36 months.

Article 39. Mandatory requirements for issue of certificates of competency to electricians

1. Obtain a professional/vocational secondary education diploma in marine electrical engineering or higher. If a candidate only obtains a professional/vocational secondary education diploma in marine electrical engineering, (s) he must complete the advanced training courses as prescribed by the Minister of Transport;

2. Acquire a certificate of proficiency in basic training;

3. Serve in approved seagoing services for 06 months or apprentice as an electrician in 03 months.

SECTION 3. ORGANIZATION OF EXAMINATIONS FOR MARITIME OFFICERS

Article 40. Boards of examiners

1. The Director of the Vietnam Maritime Administration shall establish a Board of Examiners constituted by 05 to 07 members including the Head of the Vietnam Maritime Administration as chair of the Board of Examiners, representatives of relevant functional departments of the Vietnam Maritime Administration as and heads of training facilities as examiners.

2. The Board of examiner shall:

a) Consult the head of the Vietnam Maritime Administration about the establishment of the Jury for supervising and marking exam papers, reviewing the list of examinees, selecting exam questions appropriate for each title and recognizing exam results;

b) Organize, inspect and supervise the examination;

c) Aggregate report son examination results;

d) Take actions to deal with violations against examination regulations.

Article 41. Juries

1. The Director of the Vietnam Maritime Administration shall decide to set up a Jury on the basis of the request of the Chair of the Board of Examiners.

2. The number of members of the Jury depends on the number of examinees but there shall be at least 03 members including at least a third of number of members not directly teaching. The Jury shall be constituted by masters, chief engineer officers and specialists in marine and management, and qualified and experienced teachers appropriate to the qualifications requirements of the examination.

3. The Jury shall:

a) Give exam questions and mark exam papers seriously, transparently and precisely to properly evaluate the candidate's competency;

b) Request the Board of examiners to promptly correct the incorrectness (if any) in question sheets;

c) Detect and request the Chair of the Board of Examiners to punctually dealt with violations against examination regulations.

SECTION 4. SEAFARER EDUCATION AND TRAINING

Article 42. Instructors

1. An instructor is an individual who completes the coach training under the training program stipulated by the Minister of Transport and obtains a certificate of instructor.

2. Instructors must hold appropriate certificates and must be appropriately qualified and experienced for particular training courses; where the training course using simulation models, the instructor must hold a certificate appropriate for the training course.

3. Instructors or individuals obtaining the certificates of instructor issued by foreign countries in accordance with the 1978 STCW Convention amended in 2010 may be appointed to undertake responsibility in the capacity as instructors of respective training courses or training of seafarers and updating of onboard training book records.

Article 43. Basic training

1. Training facilities shall issue the certificate of proficiency in basic training to trainees graduating in marine majors.

2. Any seafarer who has yet to undergo a basic training shall complete the basis training as prescribed by regulations of laws and shall be granted a certificate of proficiency in basic training.

Article 44. Special training

1. Special training shall be provided for seafarers on board oil tankers, chemical tankers, liquefied gas tankers, passenger tankers and Roro passenger tankers.

2. Seafarers on board oil tankers, chemical tankers and liquefied gas tankers shall receive basic and advanced training courses.

3 . Seafarers on passenger ships and Roro passenger ships shall attend training courses in safety training (for personnel providing direct service for passengers on passenger spaces); passenger safety, cargo safety and hull integrity; crowd management and crisis management.

4. Seafarers on oil tankers, chemical tankers and liquefied gas tankers completing the familiarization training shall be granted the certificate of proficiency in familiarization training.

5. As for oil tankers, chemical tankers and liquefied gas tankers, the certificate of proficiency in advanced training may be granted to masters, chief engineer officers, second engineer officers, chief mates and other seafarers in charge of cargo stowage completing the advanced training.

6. As for passenger ships and Roro passenger ships, the certificate of proficiency in special training shall be granted to:

a) Masters, chief mates, officers and other seafarers who are responsible for care for passengers in emergency cases and complete the crowd management training.

b) Masters, chief mates, chief engineer officers, second engineer officers and other seafarers in charge of welcoming and discharge of passengers, cargo loading and lashing, close and opening of doors at ship’s sides and ship’s head completing training courses in passenger safety, cargo safety and hull integrity;

c) Masters, chief mates, chief engineer officers, second officer engineers and other seafarers in charge of passenger safety in case of emergency completing training courses in emergency and crisis management;

d) Seafarers providing direct services for passengers in passenger spaces completing the safety training.

Article 45. Professional training

1. Radar observation and plotting; The certificate of proficiency in professional training in radar observation and plotting shall be granted to masters, chief mates and deck officers completing training course in radar observation and plotting .

2. ARPA: The certificate of professional training in ARPA shall be granted to masters, chief mates, deck officers completing the training course in ARPA.

3. GMDSS:

a) The GMDSS GOC shall be granted to masters, chief mates and deck officers on board ships which are installed with GMDSS and operate in A2, A3 and A4 zones completing the GMDSS GOC training courses ;

b) The GMDSS ROC shall be granted to masters, chief mates and deck officers on board ships which are installed with GMDSS and operate in A1 zone completing the GMDSS ROC training courses;

4. Electronic chart display and information system (ECDIS): The certificate of proficiency in ECDIS shall be granted to masters, chief mates and deck officers completing the ECDIS training course.

5. Bridge resource management: The certificate of proficiency in bridge resource management shall be granted to asters, chief mates and deck officers completing the bridge resource management training course.

6. Engine room resource management: The certificate of proficiency in engine room resource management shall be granted to chief engineer officers, second engineer officers and engineer officers completing the training course in engine room resource management.

7. Ship security awareness: The certificate of proficiency in security awareness shall be granted to every seafarer completing the security awareness training course.

8. Designated security duties: The certificate of proficiency in designated security duties shall be granted to seafarers completing the training course in designated security duties.

9. Ship security officer training: The certificate of proficiency in professional training shall be granted to masters, chief mates and deck officers completing ship security officer training course.

10. Advanced training in fire fighting: The certificate of proficiency in advanced fire fighting shall be granted to deck officers and engineer officers completing the advanced training course in firefighting.

11. Medical first aid: The certificate of proficiency in medical first aid shall be granted to deck officers and engineer officers completing the training course in medical first aid.

12. Medical care: The certificate of proficiency in healthcare shall be granted to masters, chief mates and seafarers responsible for medical care on board completing the medical care training course.

13. Survival crafts and rescue boats: The certificate of proficiency in survival crafts and rescue boats shall be granted to deck officers, engineer officers, seafarers and oilers completing the training course in survival crafts and rescue boats.

14. Fast rescue boats: The certificate of proficiency in fast rescue boats shall be granted to deck officers, engineer officers, seafarers and oilers completing the training course in fast rescue boats

Every candidate for certification of proficiency in fast rescue boats must hold a certificate of proficiency in survival crafts and rescue boats.

15. Ship safety management: The certificate of proficiency in ship safety management shall be granted to seafarers completing the ship safety management training course.

16. Maritime English: The certificate of proficiency in maritime English shall be granted to seafarers completing the maritime English course.

17. Marine cooks The certificate of proficiency in marine cooks shall be granted to seafarers completing the marine cook training course.

Article 46. Seafarer training facilities

Seafarer training facilities shall meet standards in facility and lecturers as stipulated by the Government.

Article 47. Seafarer training and education

1. Seafarer training courses include:

a) Training programs for certification of proficiency; and

b) Training programs for certification of competency.

2. Based on standards of competence and certificates of competency issued to seafarers stipulated in Chapter II and Chapter III hereof and the IMO Model Course, training facilities shall compile and submit the training programs and courses to the Minister of Transport for approval.

3. According to the approved training programs and courses, the training facility shall develop and adopt the detailed curricula, syllabi and training documents.

SECTION 5. ISSUE, RE-ISSUE, RECOGNITION AND ENDORSEMENT OF CERTICATES OF COMPETENCY AND CERTIFICATES OF PROFICIENCY

Article 48. Issue of endorsements attesting the recognition of certificates of competency

1. Endorsements attesting the recognition of certificates of competency shall be granted to foreign seafarers on Vietnam’s ships.

2. Every candidate shall submit an application for recognition of the certificate of competency to the Vietnam Maritime Administration directly, by post or via other appropriate means. The application includes:

A written request made by the seafarer’s management body using form in the Annex II attached hereto;

b) A copy of the certificate of competency;

c) 02 color photos, size 3cm x4 cm like those used in ID card, taken within 06 last months.

3. The Vietnam Maritime Administration shall receive, examine and record the application package and quantity and give the candidate an appointment of release of results as stipulated below:

a) If the application directly submitted is incomplete, the receiving authority shall return it to the applicant and provide instructions on completion of the application in accordance with regulations of laws;

b) If the application submitted by post or other proper means is incomplete, the Vietnam Maritime Administration shall notify the applicant in writing within 02 working days from the date of receipt;

c) Within 02 working days from the date of receipt of a valid application, the Vietnam Maritime Administration shall issue the endorsement attesting the recognition of the certificate of competency made by using the specimen in Annex I attached hereto. In case of rejection, the Vietnam Maritime Administration shall notify the applicant in writing which specifies reasons for rejection.

4. Fees and charges for issue of the endorsements are prescribed by the Ministry of Finance.

Article 49. Issue of certificates of competency to seamen, oilers and electricians

1. The certificate of competency shall be issued to seamen, oilers and electricians under provisions hereof and STCW Convention.

2. Every candidate shall submit an application for the certificate of competency to the Vietnam Maritime Administration directly, by post or via other appropriate means. The application includes:

a)A seafarer’s written request made by using form in the Annex III attached hereto; or a written request prepared by seafarer's school or management body made by using the form in Annex IV attached hereto;

b)Certified true copies or copies enclosed with the original copies of degrees or certificates of graduation or decision on graduation; certificate of completion of advanced training courses (if any) and certificate of proficiency in basic training;

c) An original or certified true copy of health examination form as stipulated by the Ministry of Health;

d) 02 color photos, size 3cm x4 cm like those used in ID card, taken within 06 last months;

dd) A written confirmation of probation completion (for those attending advanced training courses or acquiring elementary level of proficiency) made by using the form in Annex XV attached hereto.

e) Any candidate applying for the certificate of competency as AB seaman and AB oiler after obtaining the certificate of competency as OS seaman and oiler shall submit an application which includes package specified in point a, c and d of this clause and a certified true copies or copies of discharge book enclosed with its original discharge book for collation.

3. The Vietnam Maritime Administration shall receive, examine and record the application package and quantity in writing and give the candidate an appointment of release of results as stipulated below:

a) If the application submitted directly is incomplete, the receiving authority shall return it to the candidate and provide instructions on completion of application in accordance with regulations of laws;

b) If the application submitted by post or via other proper means is incomplete, the Vietnam Maritime Administration shall notify the candidate in writing within 02 working days from the date of receipt;

c) Within 02 working days from the date of receipt of a valid application, the Vietnam Maritime Administration shall issue the certificate of competency as seaman, oiler and electrician made by using the specimen in Annex I attached hereto. In case of rejection, the Vietnam Maritime Administration shall notify the candidate in writing which specifies reasons for rejection.

4. Fees and charges for issue of certificates of competency are prescribed by the Ministry of Finance.

Article 50. Issue of endorsements attesting the issue of certificates

1. The Vietnam Maritime Administration shall grant endorsements attesting the issue of certificates to Vietnamese seafarers who are granted the certificate of proficiency in GMDSS GOC, certificate of GMDSS ROC and certificate of proficiency in oil tankers, chemical tankers or liquefied gas tankers.

2. Every candidate shall submit an application for endorsement attesting the issue of the certificate of competency to the Vietnam Maritime Administration directly, by post or via other appropriate means. The application includes:

a)A seafarer’s written request made by using the form in Annex V attached hereto; or a written request prepared by seafarer's management body made by using the form in Annex VI attached hereto;

b)Certified true copies or copies enclosed with the original copies of GMDSS certificates (GOC or ROC), certificate of proficiency in oil tankers, chemical tankers or liquefied gas tankers; ;

c) 02 color photos, size 3cm x4 cm like those used in ID card, taken within 06 last months.

3. The Vietnam Maritime Administration shall receive, examine and record the application package and quantity in writing and give the candidate an appointment of release of results:

a) If the application submitted directly is incomplete, the receiving authority shall return it to the candidate and provide instructions on completion of application in accordance with regulations of laws;

b) If the application submitted by post or other proper means is incomplete, the Vietnam Maritime Administration shall notify the candidate in writing within 02 working days from the date of receipt;

c) Within 02 working days from the date of receipt of a valid application, the Vietnam Maritime Administration shall issue the endorsement made by using the specimen in Annex I attached hereto. In case of rejection, the Vietnam Maritime Administration shall notify the candidate in writing which specifies reasons for rejection.

4. Fees and charges for issue of endorsements attesting the issue of GMDSS certificates (GOC or ROC), certificates of proficiency in oil tankers, chemical tankers or liquefied gas tankers are prescribed by the Ministry of Finance.

Article 51.Issue of certificates of instructors

1. Trainers and seafarers who meet mandatory requirements stipulated herein and STCW Convention may be granted the certificates of instructor.

2. Every candidate shall submit an application for the certificate of instructor to the Vietnam Maritime Administration directly, by post or via other appropriate means. The application includes:

a) An application form made by using the form in Annex VII attached hereto (if it is submitted by the trainer) or a written request made by using the form in Annex VIII (if it is submitted by the training facility or school);

b) An original or certified true copy or copy enclosed with the original certificate of completion of proficiency or decision on graduation in instructor training course;

c) 02 color photos, size 3cm x4 cm like those used in ID card, taken within 06 last months.

3. The Vietnam Maritime Administration shall receive, examine and record the application package and quantity in writing and give the candidate an appointment of release of results:

a) If the application submitted directly is incomplete, the receiving authority shall return it to the candidate and provide instructions on completion of the application in accordance with regulations of laws;

b) If the application submitted by post or other proper means is incomplete, the Vietnam Maritime Administration shall notify the candidate in writing within 02 working days from the date of receipt;

c) Within 02 working days from the date of receipt of a valid application, the Vietnam Maritime Administration shall issue the certificate of instructor as per the specimen in Annex I attached hereto. In case of rejection, the Vietnam Maritime Administration shall notify the candidate in writing which specifies reasons for rejection.

4. Fees and charges for issue of certificates of instructor are prescribed by the Ministry of Finance.

Article 52. Re-issue of certificates of competency, endorsements attesting the issue of certificates, endorsement attesting the recognition of certificates of competency and certificates of instructor

1. This Article applies to seafarers whose certificates of competency, endorsements attesting the issue of certificates, endorsement attesting the recognition of certificates of competency and certificates of instructor are lost, incorrect, damaged or expired. In order to be re-issued the certificate of competency which expired, the candidate must undertake the position in the proper capacity as stipulated the certificate of competency for at least 12 months altogether within 05 years from the date of application for re-issue; or undergo 03-month probationary period 06 months prior to application for re-issue of the certificate.

2. Every candidate shall submit an application for re-issue of the certificate to the Vietnam Maritime Administration directly, by post or via other appropriate means. The application includes:

a) An original copy of the certificate or endorsement is it is incorrect, damaged or expired (in case of failure to submit the original copy of expired certificate of competency as the candidate is on the international voyage, such original copy shall be submitted within 07 days from the date of return to Vietnam);

b) Legal written proofs of revisions to incorrectness;

c) 02 color photos, size 3cm x4 cm like those used in ID card, taken within 06 last months.

d) An original or certified true copy of health examination form as stipulated by the Ministry of Health (in case of application for re-issue of certificates of competency);

dd) A certified true copy or original copy of the discharge book (in case of application for re-issue of certificates of competency);

3. The Vietnam Maritime Administration shall receive, examine and record the application package and quantity in writing and give the candidate an appointment of release of results:

a) If the application submitted directly is incomplete, the receiving authority shall return it to the candidate and provide instructions on completion of the application in accordance with regulations of laws;

b) If the application submitted by post or other proper means is incomplete, the Vietnam Maritime Administration shall notify the candidate in writing within 02 working days from the date of receipt;

c) Within 02 working days from the date of receipt of a valid application, the Vietnam Maritime Administration shall issue the new certificate made by using the specimen in Annex I attached hereto. In case of rejection, the Vietnam Maritime Administration shall notify the candidate in writing which specifies reasons for rejection.

4. Fees and charges for re- issue of certificates are prescribed by the Ministry of Finance.

Article 53. Procedure for provision of advanced training courses and issue of certificates of competency to officers, masters and chief engineer officers

1. Every candidate shall submit the training facility an application to attend the advanced training course; or application to take the examination for officers, masters and chief engineer officers directly, by post or via proper means. The application includes:

a) An application made by using the form in Annex XI attached hereto;

b) Certified true copies of the degree or certificate of completion of training courses in maritime officer and certificate of completion of advanced training courses (if any) or copies enclosed with the original for collation;

c) A copy of the certificate of competency and certificate of maritime English;

d) An original or certified true copy of health examination form as stipulated by the Ministry of Health;

dd) A seagoing service testimonial (the confirmation of seafarer’s management authority is not necessary) made by using the Annex XII attached hereto;

e) A certified true copy of the discharge book;

g) 02 color photos, size 3cm x4 cm like those used in ID card, taken within 06 last months.

2. The training facility shall receive and examine applications. If any application is unacceptable, the training facility shall instruct the applicant to complete the application.

3. Within 02 working days from the date of receipt, the training facility shall submit an application to the Vietnam Maritime Administration directly, by post or via other proper means. The application includes:

a) The training facility’s written request for approval for the list of trainees attending the advanced training courses or taking the examination for officers, chief engineer officers and master as per the form in Annex XIII attached hereto;

b) An application of each trainee (attached)

4. The Vietnam Maritime Administration shall receive, examine and approve the application, and issue a decision on approval for the list of individuals eligible to attend the training courses and examination within 05 working days from the date of receipt of the complete application. In case of rejection, the Vietnam Maritime Administration shall notify the training facility in writing in which reasons for rejection shall be specified.

5. According to the report on result of examination for officers, masters and chief engineer officers submitted by the Board of examiners, the Vietnam Maritime Administration shall issue the decision on recognition of the examination results and certificate of competency within 05 working days.

Article 54. Revocation of seafarers’ certificates of competency

A certificate of competency which is forged, erased, traded, leased or borrowed shall be relocated by the competent authority that has the power to issue and re-issue such certificate.

Chapter IV

MINIMUM SAFE MANNING

Article 55. Minimum safe manning levels

1. The minimum safe manning levels of Vietnam’s ships are specified follows:

a) The minimum safe manning levels for deck departments of ships by gross tonnage (GT):

(*) If deck officers having certificates of competency appropriate for the responsibilities as GMDSS radio operator, the grade of GMDSS radio operator is not necessary.

b) The minimum safe manning levels of engine departments by main propulsion machinery capacity (kW):

2. As for a ship having sophisticated electric installations, electro-technical officers and electricians may be necessary.

3. In some particular cases (such as, ships engaged on short voyages or highly-automated ships, etc.), the Shipping Registration Authority shall, according to the ship’s specifications, its degree of automations and trading areas, determine the minimum safe manning levels to facilitate the utilization of that ship.

4. As for passenger ships and Roro passenger ships, the shipping registration authority shall, according to ship specifications, quantity of passengers and trading areas, determine the minimum safe manning levels. However; at least 01 seafarer in charge of passengers shall be designated as stipulated in clause 1 of this Article.

5. As for official duty ships, the Shipping Registration Authority shall determine the minimum safe manning levels according to the ship's size, specifications and trading areas.

6. The minimum safe manning certificate shall be made as per the specimen in Annex XIV attached hereto.

Article 56.Vietnamese ship’s complement

1. Shipowers shall assign seafarers who meet eligibility requirements specified in Article 59 of the Vietnam Maritime Code to work on board Vietnamese ships.

2. Every seafarer who is designated to undertake positions on aboard Vietnamese ships shall meet the following eligibility requirements:

a) The designated seafarer shall hold appropriate certificates of competency and certificates of proficiency;

b) Every seafarer who is designated to work on board oil tankers, chemical tankers, liquefied gas tankers, passenger ships and Roro passenger ships shall hold a certificate of proficiency appropriate for his/her capacity on the working ship besides the certificates of competency and proficiency required for working on board normal ships.

3. Principles of assignment of seafarers’ grades/capacity in particular cases:

a) Regarding the capacity as master, chief mate, chief engineer officer, second engineer officer, deck officer and engineer officer of any tugboat, special purpose ships, search and rescue vessels and other official duty ships, the Vietnam Maritime Administration shall give instructions on assignment of seafarers’ grade on board to the Shipping Registration Authority according to the ship’s specifications, size and trading areas;

b) In the event of incapacity of the master and chief engineer officer on a ship that is on her voyage, the shipowner and ship operator shall assign the chief mate and second engineer officer to take on responsibilities of the master and chief engineer officer in order to maneuver and handle the ship until she reaches the first port of destination.

c) Every master on any passenger ship shall have at least 24 months working as a master on board the ship having the same gross tonnage other than passenger ships or as a chief mate on board passenger ships.

Chapter V

ONBOARD INTERN

Article 57. Responsibilities of training facilities and instructors

1. Training facilities and instructors shall develop onboard internship plans upon requirements of the training programs.

2. In the absence of ships for training, training facilities and instructors shall cooperate with other facilities and instructors or owners in preparation of ships for the purpose of training.

3. Training facilities and instructors shall give recommendation to ship owners to ensure that their trainees are accepted to intern onboard.

Article 58. Responsibilities of shipowners for recruiting interns

1. Provide information on annual training and recruitment of seafarers to maritime management authorities.

2. Contact with training facilities and instructors in advance to provide training and to give notices of recruitment.

3. Develop training programs, curricula and provide training; provide instructions and assess interns’ performance; welcome trainees, lecturers, instructors to sightseeing and practice to improve the knowledge under contracts signed with training facilities and instructors.

4. Welcome, accommodate and facilitate trainees, lecturers and instructors onboard internship. Pay salaries and wages to trainees, lecturers and instructors directly working or participating in working onboard during the period of training and internship as agreed in the contract.

Article 59. Responsibilities of masters, chief engineer officers and maritime officers for onboard interns

1. Every shipowner shall assign masters, chief engineer officers and maritime officers to instruct trainees, lectures and instructors who are in their onboard internships.

2. Masters, chief engineer officers and maritime officers shall provide instructions, education and training, attest and assess interns’ duties and performance according to the internship program.

3. Masters and chief engineer officers shall record the time of leaving of interns in the discharge book as confirmation and shall take full responsibilities for the confirmation.

Article 60. Responsibilities of on board interns

1. Every on board intern shall have a discharge book and appropriate certificate of proficiency appropriate to the certain types of ships on which (s) he works as an intern.

2. Interns shall comply with shipowner’s regulations and rules, undertake designated tasks and follow the instructions of masters, chief engineer officers, maritime officers, lecturers and instructors.

3. On board interns’ interests and benefits shall be conformable to regulations of Vietnam's laws and relevant international agreement to which Vietnam is a signatory.

Chapter VI

IMPLEMENTATION

Article 61. Entry into force

1. This Circular enters into force from July 01, 2017.

2. The following Circular shall be abrogated:

a)The Circular No. 11/2012/TT-BGTVT dated April 12, 2012 by the Minister of Transport specifying regulations on standards and certificates of competency of seafarers and minimum safe manning levels of Vietnamese ships;

b) The Circular No. M 51/2013/TT-BGTVT dated December 11, 2013 on amendment and supplement to a number of articles of the Circular No. 11/2012/TT-BGTVT dated April 12, 2012 by the Minister of Transport specifying regulations on standards and certificates of competency of seafarers and minimum safe manning levels of Vietnamese ships;

c)The Circular No. 52/2014/TT-BGTVT dated October 10, 2014 on amendment and supplement to a number of articles of the Circular No. 11/2012/TT-BGTVT dated April 12, 2012 by the Minister of Transport specifying regulations on standards and certificates of competency of seafarers and minimum safe manning levels of Vietnamese ships;

Article 62. Implementation organizations

1. The Vietnam Maritime Administration shall take charge of and cooperate with relevant entities in implementation of this Circular.

2. The Chief of the Ministry Office, Chief Inspectors of Ministries, Directors of the Vietnam Maritime Administration. /.