Nghị định 78/2016/ND-CP

DECREE

CONDITIONS FOR PROVISION OF TRAINING FOR CREWMEMBERS AND OPERATORS OF INTERNAL WATERWAY VESSELS

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004 and the Law on amendments to the Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on Vocational education dated November 27, 2014;

At the request of the Minister of Transport;

The Government promulgates a Decree on conditions for provision of training for crewmembers and operators of internal waterway vessels.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for conditions for provision of training for crewmembers and operators of internal waterway vessels and issuance of certificates of eligibility for provision of training for crewmembers and operators of internal waterway vessels in Vietnam.

Article 2. Regulated entities

1. This Decree applies to institutions providing training for crewmembers and operators of internal waterway vessels, organizations and individuals involved in provision of training for crewmembers and operators of internal waterway vessels in Vietnam.

2. This Decree does not apply to provision of training for crewmembers and operators of internal waterway vessels by the army and police forces.

Article 3. Institutions providing training for crewmembers and operators of internal waterway vessels

Institutions providing training for crewmembers and operators of internal waterway vessels (hereinafter referred to as training institutions) shall be lawfully established and satisfy conditions specified in this Decree and relevant regulations of law.

Article 4. Classification of training institutions

Training institutions are classified into four classes as follows:

1. First-class training institutions are permitted to provide training and issue certificates of training of all classes in accordance with to the Law on Inland Waterway Navigation.

2. Second-class training institutions are permitted to provide training and issue second-class certificates of training and below.

3. Third-class training institutions are permitted to provide training and issue third-class certificates of training and below.

4. Fourth-class training institutions are permitted to provide training and issue fourth-class certificates of training.

Chapter II

CONDITIONS TO BE SATISFIED BY TRAINING INSTITUTIONS

Article 5. Classrooms and examination rooms

1. Class rooms and examination rooms must comply with technical regulations promulgated by the Minister of Transport: inland waterways traffic law classroom, vessel operation classroom, engine – electricity classroom, and basic sailing classroom.

2. Classrooms may be used as examination rooms.

Article 6. Workshops

Workshops must comply with technical regulations promulgated by the Minister of Transport: mechanical engineering workshop, engine – electricity workshop.

Article 7. Practice areas

1. The practice area must have sufficient waters to teach operation of internal waterway vessels and wharves to provide second-class captain’s training and above in accordance with technical regulations promulgated by the Minister of Transport.

2. Vessels for practice are adequate and suitable for the classes of certificates issued. Vessels for practice have documents about registration and inspection, maritime equipment, rescue and fire safety equipment, and a noticeable sign saying “Phương tiện huấn luyện” (“PRACTICE”).

Article 8. Training program

The training program shall comply with regulations of the Minister of Transport.

Article 9. Teaching staff

1. Common standards: a teacher/instructor shall have a clear background, good moral sense and qualities, adequate health, at least a college degree in pedagogy or technical pedagogy or a certificate of training in teaching techniques.

2. A theory teacher, apart from the standards specified in Clause 1 of this Article, shall have at least an associate degree or certificate of training in the subject(s) he/she teaches in accordance with vocational education laws.

3. A practice instructor, apart from common standards specified in Clause 1 of this Article, shall satisfy the following standards:

a) An instructor teaching a captain or chief mechanic class shall have a captain or chief mechanic qualification that is at least one class higher than that of his/her graduates;

b) An instructor giving first-class captain training or chief mechanic training shall have a first-class captain or chief mechanic qualification and has been holding a first-class position for at least 36 months.

4. A training institution shall have at least 50% full time teachers/instructors for each class of the programs.

Chapter III

ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR PROVISION OF TRAINING FOR CREWMEMBERS AND OPERATORS OF INTERNAL WATERWAY VESSELS

Article 10. Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels (hereinafter referred to as “Certificate”)

1. Certificates shall be issued, reissued, or revoked in accordance with Article 11 through 14 of this Decree.

2. The Certificate template is provided in the Appendix enclosed herewith (Template No. 04).

3. Vietnam Inland Waterway Administration shall issue, reissue and revoke certificates of third-class training institutions and above.

4. Departments of Transport shall issue, reissue and revoke certificates of fourth-class training institutions in their provinces.

Article 11. Application for the Certificate

An application consists of:

1. 01 application form (Template No. 01 in the Appendix enclosed herewith).

2. 01 certified true copy (or a copy enclosed with the original) of the decision on establishment or certificate of enterprise registration or investment registration certificate or an equivalent document of the training institution.

3. 01 certified true copy (or a copy enclosed with the original) of each teacher/instructor’s qualification and employment contract (or visiting lecturer contract or another type of contract)

4. 01 certified true copy (or a copy enclosed with the original) of each document proving the right to ownership or enjoyment or contract for lease of the classrooms, workshops, vessels, wharves and waters for practice; document about registration and inspection of the vessels suitable for the classes of certificates issued and training duration.

Article 12. Issuance of new Certificates

1. The training institution shall submits an application specified in Article 11 of this Decree to the competent authority specified in Clause 3 and Clause 4 Article 10 of this Decree, whether directly, by post or another method. If the application is not satisfactory, within 02 working days from the day on which it is received, the competent authority shall send a notice and instruct the applicant to complete the application in accordance with this Decree.

2. The competent authority shall carry out a site inspection at the training institution and made out an inspection record according to Template No. 02 in the Appendix enclosed herewith. If the inspection shows that all conditions area satisfied, within 10 working days from the day on which the satisfactory application is received, the competent authority shall issue the Certificate to the training institution. If the application is rejected, a written notice and explanation shall be sent to the applicant.

Article 13. Reissuance of Certificates

1. A Certificate shall be reissued when it is lost, damaged or the address or class of the training institution is changed.

2. Procedures for reissuance of a lost or damage Certificate:

The training institution that wishes to have the Certificate reissued shall submit an application according to Template No. 03 enclosed herewith and send it to the competent authority specified in Clause 3 and Clause 4 Article 10 of this Decree, whether directly, by post or another method. Within 05 working days from the day on which the application is received, the competent authority shall reissue the Certificate.

3. Procedures for reissuance of the Certificate in case the address or class of the training institution is changed:

a) The training institution shall submits an application to the competent authority specified in Clause 3 and Clause 4 Article 10 of this Decree, whether directly, by post or another method. The application consists of the documents specified in Article 11 of this Decree which specify the changes. If the application is not satisfactory, within 02 working days from the day on which it is received, the competent authority shall send a notice and instruct the applicant to complete the application in accordance with this Decree.

b) The competent authority shall carry out a site inspection and made out an inspection record. If the inspection shows that all conditions area satisfied, within 07 working days from the day on which the satisfactory application is received, the competent authority shall reissue the Certificate to the training institution. If the application is rejected, a written notice and explanation shall be sent to the applicant.

Article 14. Revocation of Certificates

1. A training institution shall have its Certificate revoked in the following cases:

a) The application for the Certificate is fraudulent;

c) Training is not provided for 18 consecutive months or the training institution is not put into operation after 18 months from the issuance date of the Certificate;

c) Violations that lead to suspension of the training institution are not rectified by the deadline;

d) The training institution incurs 02 or more penalties for administrative violations against regulations on provision of training for crewmembers and operators of internal waterway vessels within 12 months and according to other relevant regulations of law.

2. The competent authority that issued that Certificate shall issue the decision to revoke the Certificate and notify relevant authorities.

Chapter IV

IMPLEMENTATION

Article 15. Transition clause

1. Certificates issued before the effective date of this Decree are still valid until their expiration dates.

2. Where a Certificate specified in Clause 1 of this Article expires or a training institution wishes to obtain a Certificate, procedures for issuance of a new Certificate specified in this Decree shall be followed.

Article 16. Implementation

1. The Ministry of Transport shall:

a) Unify nationwide management of provision of training for crewmembers and operators of internal waterway vessels; provide guidelines for implementation of this Decree; promulgate technical regulations on provision of training for crewmembers and operators of internal waterway vessels;

b) Carry out inspections and take actions against regulations on provision of training for crewmembers and operators of internal waterway vessels specified in this Decree and other relevant regulations of law; carry out site inspection at each training institution every 05 years to assess their equipment, teaching staff, training program, and fulfillment of training requirements;

c) Update and publish the list of training institutions on the web portal of the Ministry of Transport.

2. The Ministry of Labor, War Invalids and Social Affairs shall cooperate with the Ministry of Transport in providing guidelines for development of training programs and provision of training in accordance with law.

3. The People’s Committees of provinces shall instruct Departments of Transport to manage provision of training for crewmembers and operators of internal waterway vessels in their provinces; periodically update and publish the list of training institutions in their provinces on the web portals of the Departments of Transport.

Article 17. Effect

This Decree comes into force from July 01, 2016. Previous regulations on conditions for provision of training for crewmembers and operators of internal waterway vessels that contravene this Decree are null and void.

Article 18. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, relevant organizations and individuals are responsible for the implementation of this Decree./.

APPENDIX

FORMS OF DOCUMENTS RELATED TO PROVISION OF TRAINING FOR CREWMEMBERS AND OPERATORS OF INTERNAL WATERWAY VESSELS
(Enclosed with Decree No. 78/2016/NĐ-CP dated July 01, 2016)

Template No. 01

APPLICATION FOR ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR PROVISION OF TRAINING FOR CREWMEMBERS AND OPERATORS OF INTERNAL WATERWAY VESSELS

I. GENERAL INFORMATION

1. Name of training institution:

Legal representative:

Mailing address: .................................................................................................................

Tel: ……………………… Fax:…………………… Email: .......................................

2. Supervisory body: ..............................................................................

3. Decision on establishment or Certificate of Enterprise Registration or Investment Registration Certificate (or an equivalent document) No. … dated … issued by …

...........................................................................................................................................

4. Brief introduction of the training institution.

II. TRAINING REPORT

1. Certificate of eligibility No. … issued by … (if any).

2. Classrooms

Total number of classrooms, number and area of each type of classrooms.

List of teaching equipment.

3. Workshops and practice areas

Conditions of the workshops and practice areas.

List of available equipment.

4. Training program.

5. Teaching staff

- Number of theory teachers:

- Number of practice instructors:

6. Teaching staff list

7. General evaluation or proposals:

Template No. 02

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

INSPECTION RECORD

Pursuant to the Government's Decree No. … dated …  on conditions for provision of training for crewmembers and operators of internal waterway vessels.

At the request of …. in document No. … dated … on …

On … at …

Representative of issuer:

..........................................................................................................................................

..........................................................................................................................................

Representative of training institution:

..........................................................................................................................................

..........................................................................................................................................

An inspection has been carried out at … [name of training institution] Inspection result:

I. ORGANIZATION

Name of training institution: ...............................................................................................

Decision on establishment: ...............................................................................................

Governing body: ..............................................................................

Address: ............................................................................................................................

Tel: ……………………… Fax:…………………… Email: .......................................

II. CONDITIONS

1. Classrooms

- Classrooms for learning inland waterways laws (passed/failed)

- Classrooms for learning operation of internal waterway vessels (passed/failed)

- Classrooms for learning machine operation - electricity (passed/failed)

- Classrooms for learning basic sailing (passed/failed)

2. Examination rooms (passed/failed)

3. Workshops

- Mechanic workshop (passed/failed)

- Machine operation – electricity (passed/failed)

4. Practice area (passed/failed)

- Practice waters

- Wharves, boundary signs, bollards and shock absorbers

- Practice vessels, documents about registration and inspection thereof, maritime equipment, rescue and fire safety equipment, etc.

5. Training program (passed/failed)

6. Teaching staff (passed/failed)

- Theory teachers

- Practice instructors.

Accordingly, the inspectorate hereby requests that: [Name of the issuer] issue the Certificate of [class] to this training institution.

 [Explanation and requests if the application is rejected].

Template No. 03

APPLICATION FORM FOR REISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR PROVISION OF TRAINING FOR CREWMEMBERS AND OPERATORS OF INTERNAL WATERWAY VESSELS

To: Vietnam Inland Waterway Administration or Department of Transport of …

Name of training institution (UPPERCASE): .......................................................................

Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels No. … dated …. Issued by …

We hereby apply for reissuance of the Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels.

Reason for reissuance: (explain the reason it was lost or damaged)...............................

..........................................................................................................................................

..........................................................................................................................................

………………………………………. [Name of training institution] is totally responsible for the accuracy and truthfulness of this application./.

Template No. 04

CERTIFICATE OF ELIGIBILITY FOR PROVISION OF TRAINING FOR CREWMEMBERS AND OPERATORS OF INTERNAL WATERWAY VESSELS

1. Name of training institution: .....................................................................................

2. International name (if any): ......................................................................................

3. Address: ..................................................................................................................

4. Tel: ……………………… Fax:…………………… Email: .......................................

5. Class of training institution: ..........................................

This training institution is permitted to:

Provide training for:

This Certificate is issued for the … time and replaces Certificate No. ... dated ... issued by ... [in case of reissuance].

HEAD OF CERTIFICATE ISSUER