Laws of Vietnam

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

DECIDES:

Article 1.- To issue together with this Decision the Regulation on maritime pilotage training, update fostering, examination and granting professional certificates thereof.

Article 2.- This Decision takes effect 15 days after its signing; All the earlier provisions related to the organization of maritime pilotage training, update fostering, examination and granting professional certificates thereof, which are contrary to the Regulation issued together with this Decision, are hereby annulled.

Article 3.- The Director of the Ministry’s Office, the director of the Department for Organization, Per-sonnel and Labor, the director of the Vietnam Maritime Bureau and the heads of the concerned agencies and units shall have to implement this Decision.

For the Minister of Communications and Transport
Vice Minister
LA NGOC KHUE

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation provides for the maritime pilotage training, update fostering, examination and granting professional certificates thereof to Vietnamese maritime pilots.

Article 2.- General principles

1. All the maritime pilotage training, update fostering, examinations and granting professional certificates thereof to Vietnamese maritime pilots (hereinafter referred to as maritime pilots) must comply with the provisions of this Regulation.

2. Only those maritime pilots who have gone through training and update fostering, taken examination and obtained professional maritime pilotage certificates as prescribed in this Regulation, may practice maritime pilotage in Vietnam.

3. Maritime pilots aged over 60 years are not allowed to practice pilotage.

In special cases, the director of the Vietnam Maritime Bureau may base himself/herself on the practical demand and the proposal of the director of the Maritime Pilots’ Organization to consider and permit on the case-by-case basis maritime pilots aged over 60 to pilot ships on conditions that they are in good health, professionally qualified and not older than 62 years and voluntarily make an application for continuing their maritime pilotage job.

4. The director of the Maritime Pilots’ Organization is required to have the Maritime College’s degree, have practiced maritime pilotage for at least five years, be possessed of the organizational and managerial capability, knowledgeable of maritime legislation and other relevant laws of Vietnam as well as relevant international maritime agreements which Vietnam has signed or recognized.

5. It is strictly forbidden to appoint persons who have no professional maritime pilotage certificates and fail to meet the age and health requirements to pilot ships operating in Vietnamese maritime zones where maritime pilotage is compulsory.

Chapter II

SYSTEM OF PROFESSIONAL MARITIME PILOTAGE CERTIFICATES AND MARITIME PILOTS’ TITLES

Article 3.- The system of professional maritime pilotage certificates includes:

a/ The "certificates of professional maritime pilotage qualification" (hereinafter abbreviated to CPMPQs), being certificates granted to maritime pilots who are professionally qualified for holding different maritime pilots’ titles, meeting the requirements prescribed in Chapter III and Chapter V of this Regulation.

b/ The "maritime pilotage zone certificates", being certificates granted to maritime pilots who have been granted CPMPQs and completed their probation duration as prescribed in Chapter VI of this Regulation.

2. Forms of these types of professional maritime pilotage certificates:

The forms of these types of professional maritime pilotage certificates shall be approved by the Minister of Communications and Transport at the proposal of the Vietnam Maritime Bureau. The Vietnam Maritime Bureau shall have to organize the printing, distribution, management of professional maritime pilotage certificates and guide the granting and change thereof nationwide.

Article 4.- Provisions on maritime pilots’ titles

1. Maritime pilots’ titles include:

a/ Third-class maritime pilots;

b/ Second-class maritime pilots;

c/ First-class maritime pilots;

d/ Premium-class maritime pilots.

2. Scope of practice by different maritime pilots’ titles:

Maritime pilots shall be only permitted to practice maritime pilotage on sea-going ships according to the limits of their respective CPMPQs as prescribed below:

a/ For third-class maritime pilots:

Third-class maritime pilots shall be only permitted to pilot sea-going ships with a total tonnage of under 4,000 GT or a maximum length of 115 meters.

b/ For second-class maritime pilots

Second-class maritime pilots shall be only permitted to pilot sea-going ships with a total tonnage of under 10,000 GT or a maximum length of 145 meters.

c/ For first-class maritime pilots:

First-class maritime pilots shall be only permitted to pilot sea-going ships with a total tonnage of under 20,000 GT or a maximum length of 175 meters.

d/ For premium-class maritime pilots:

Premium-class maritime pilots shall be permitted to pilot all kinds of sea-going ships irrespective of their total tonnage and length.

Chapter III

CONDITIONS FOR BEING GRANTED CPMPQs

Article 5.- Provisions on general conditions

To be granted CPMPQs, maritime pilots must fully meet the following conditions:

1. Having the certificate of health which satisfies the criteria currently prescribed for maritime pilots;

2. Having obtained a college or higher-level degree in sea-going ship navigation;

For maritime pilots who have obtained a degree in sea-going ship navigation from other colleges or universities (such as the Navy Colleges, the Aquatic Resources College...), they must also satisfy the condition that they have graduated from refresher training courses on subjects not yet studied or inadequately studied at such colleges or universities, as prescribed by the Ministry of Communications and Transport, and have been granted certificates of completion of such training courses.

3. Having graduated from the training course on professional maritime pilotage;

4. Having been provided with update professional knowledge and specialized English language proficiency required for different classes of maritime pilots (except for third-class maritime pilots);

5. Having completed the probation time or completed an adequate number of times of safely piloting ships, as prescribed for each class in Article 6 of this Regulation;

6. Having prepared a full dossier as prescribed by the Vietnam Maritime Bureau.

Article 6.- Specific criteria

Apart from the general conditions specified in Article 5 of this Regulation, to be granted CPMPQs for each class of maritime pilots, maritime pilots must fully meet the following specific conditions:

1. For third-class maritime pilots:

Having worked on probation as third-class maritime pilots under the guidance of pilots, who have got CPMPQs, for a period of at least 36 months or for a time during which they have safely piloted ships for at least 300 times, which is certified by the piloting unit that guides the probation.

2. For second-class maritime pilots:

a/ Having obtained third-class CPMPQs, having safely piloted ships by themselves for at least 200 times in the capacity as third-class maritime pilots or having well performed a third-class maritime pilot’s tasks for at least 24 months.

b/ Particularly for those persons who have got professional maritime qualification certificates for working as captains of sea-going ships with a total tonnage of 500 GT or more and have assume the corresponding title of ship’s captain for at least 36 months, they may take an exam for being granted second-class CPMPQs given that they fully meet the following conditions:

i/ Having a college or higher-level degree in sea-going ship navigation;

ii/ Having graduated from a training course on maritime pilotage profession;

iii/ Having safely piloted ships for at least 150 times, with a total tonnage of 4,000 GT or more, in the capacity as second-class maritime pilot on probation or having worked on probation as second-class maritime pilots for at least 12 months, which is certified by the piloting unit that guides the probation.

3. For first-class maritime pilots:

Having obtained a university degree in sea-going ship navigation; having obtained a second-class CPMPQ, having safely piloted ships on their own for at least 200 times in the capacity as a second-class maritime pilot or having well performed a second-class maritime pilot’s tasks for at least 24 months; In addition, they must have worked on probation as first-class maritime pilots for at least six months or have safely practiced the piloting of ships with a total tonnage of 10,000 GT or more for at least 30 times, under the guidance of maritime pilots who have got first-class or higher-level CPMPQ, which is certified by the piloting unit that guides the probation.

4. For premium-class maritime pilots:

Having obtained a university degree in sea-going ship navigation; having obtained a first-class CPMPQ, having safely piloted ships on their own for at least 300 times in the capacity as first-class maritime pilots or having well performed a first-class maritime pilot’s tasks for at least 36 months; In addition, they must have worked on probation as premium-class maritime pilots for at least six months or have practiced the piloting of ships with a total tonnage of 20,000 GT or more for at least 30 times, under the guidance of maritime pilots who have got premium-class CPMPQs, which is certified by the piloting unit that guides the probation.

Chapter IV

PROFESSIONAL TRAINING AND UPDATE FOSTERING PROGRAMS AND ESTABLISHMENTS FOR MARITIME PILOTS

Article 7.- Training and update fostering programs

1. In order to satisfy the system of professional maritime pilotage certificates prescribed in Article 3 of this Regulation, the program of professional training and update fostering courses for maritime pilots must embrace all the contents specified in Resolution A.485(XII) of the International Maritime Organization and conform to the practical conditions of maritime pilotage in Vietnam.

2. The Vietnam Maritime Bureau shall have to assume the prime responsibility and coordinate with the relevant units in compiling the professional training and update fostering program for maritime pilots and submit it to the Ministry of Communications and Transport for approval.

Article 8.- Training and update fostering establishments for maritime pilots (called training establishments for short)

1. Training and update fostering courses for maritime pilots held at training establishments shall serve as basis for granting, changing and extension of CPMPQs for each class of maritime pilots.

2. The training establishments must ensure the organization of training and update fostering for maritime pilots in strict conformity with the program already approved by the Ministry of Communications and Transport.

3. The training establishments mentioned in this Regulation must meet all the conditions and criteria on material base, equipment and facilities, teaching materials and staff and be licensed by the Ministry of Communications and Transport.

4. Annually, the Ministry of Communications and Transport shall inspect the training establishments already licensed by itself. Where an establishment fails to observe the Ministry’s regulations, it shall have its license for training of maritime pilots revoked by the Ministry.

5. Establishments that are licensed to train maritime pilots are obliged to:

a/ Organize training and update fostering according to the program approved by the Ministry;

b/ Monitor the training and update fostering courses and evaluate the training results;

c/ Manage the training and update fostering through the computerized system connected with the Certificates Management Center of the Vietnam Maritime Bureau;

d/ After each training or update fostering course, report on its proceedings to the Vietnam Maritime Bureau.

Chapter V

PROVISIONS ON THE EXAMINATION AND GRANTING OF CERTIFICATES OF PROFESSIONAL MARITIME PILOTAGE QUALIFICATION

Article 9.- Basing itself on the practical demand, the Vietnam Maritime Bureau shall direct the organization of training and update fostering courses as well as the exams for granting CPMPQs to Vietnamese maritime pilots.

1. The director of the Vietnam Maritime Bureau shall issue decision on the setting up of a Maritime Pilotage Examination Council for each exam, depending on the contents and size of each fostering course.

The Maritime Pilotage Examination Council shall be composed of: a chairman who is authorized by the director of the Vietnam Maritime Bureau, and members who include a representative of a functional department of the Bureau, the head of the training establishment, a representative of the ministerial-level training management agency and the head of the exam’s jury.

2. The jury of each maritime pilotage exam shall be selected by the Maritime Pilotage Examination Council and proposed to the director of the Vietnam Maritime Bureau for decision. Such a jury shall be composed of:

a/ Maritime pilots who have CPMPQs of one class higher than the class for which the exam is held or of the same class for exams of premium-class maritime pilots but have assumed the corresponding maritime pilot’s title for at least three years;

b/ First-class shipmasters who have assumed the corresponding title for at least three years and professionally prestigious maritime pilotage specialists.

Apart from the above-mentioned professional criteria, the jury’s members must be also persons who have good ethic qualities, a healthy life style, are honest, uncorrupt, non-authoritarian and knowledgeable of pedagogy.

Article 11.- The Examination Council set up for the granting of CPMPQs shall perform the task of advising the director of the Vietnam Maritime Bureau on the direction and supervision of maritime pilotage exams. Concretely:

1. Considering and approving the lists of candidates on the basis of the conditions prescribed in Chapter III of this Regulation;

2. Preparing examination questions;

3. Administering and supervising the exams;

4. Handling incidents (if any) occurring during the exams;

5. Organizing the marking of exam papers;

6. Summing up the exam results, reporting them to the director of the Vietnam Maritime Bureau for approval.

1. Basing himself/herself on the minutes of the Exam Jury, the director of the Vietnam Maritime Bureau shall issue decisions to recognize each maritime pilot’s passing of the exam so as to grant or change the CPMPQ for him/her.

2. A candidate who meets the set requirements of all exam subjects (getting mark 5 on the 10-point marking scale) shall be recognized as having passed the exam.

3. Where a candidate meets the requirements of only half of the exam subjects, the results of these subjects shall be reserved for one year.

1. The CPMPQs granted to maritime pilots of all classes shall be valid for use for five years from the date of their granting.

2. Upon the expiry of his/her certificate, if a maritime pilot wishes to extend, change or apply for a new one, he/she must meet the two following conditions:

a/ Meeting the age and health requirements prescribed in Clause 3, Article 2 and Clause 1, Article 5 of this Regulation;

b/ Having assumed the title suited to his/her CPMPQ for a total of 24 months or more in the five-year period.

3. Those with expired CPMPQs, who meet the criterion specified at Point a but not the criterion specified at Point b, Clause 2 of this Article, and wish to extend, change their certificates or apply for new ones, shall have to work on probation for at least three months.

Article 14.- Where a maritime pilot commits a law-breaking act, entailing consequences, depending on the seriousness of his/her violation, the director of the Vietnam Maritime Bureau shall be entitled to temporarily suspend his/her job or revoke his/her CPMPQ. The revocation of a CPMPQ shall be proposed by the Maritime Pilotage Examination Council to the director of the Vietnam Maritime Bureau for consideration and decision.

Chapter VI

PROVISIONS ON THE GRANTING OF MARITIME PILOTAGE ZONE CERTIFICATES

Article 15.- Basing himself/herself on the granted CPMPQs and the probation time, the director of the Vietnam Maritime Bureau shall issue decisions to grant maritime pilotage zone certificates on the following principles:

1. Those who have got CPMPQs and practiced piloting ships safely as prescribed in Article 6 of this Regulation in any zone shall be granted maritime pilotage zone certificates for such zone.

2. The granting of maritime pilotage zone certificates to maritime pilots shall be proposed by the director of the Maritime Pilots’ Organization, enclosed with the certification of such maritime pilots’ actual ship pilotage capability, by the director of the port authority of the ship-piloting zone.

Article 16.- The maritime pilotage zone certificates have the use term equal to that of the granted CPMPQs, and, within the duration when the CPMPQs remain valid:

1. Maritime pilots may pilot ships only in the zones determined in their maritime pilotage zone certificates.

2. A maritime pilot who moves to work in another zone must work on probation for at least six months in the new zone and may pilot ships there only after he/she is granted a maritime pilotage zone certificate.

Chapter VII

IMPLEMENTATION PROVISIONS

1. The provisions on the criteria for taking examination and being granted certificates of professional maritime pilotage qualification issued together with the Ministry of Communications and Transport’s Decision No. 2384/QD-PC of November 17, 1994 shall remain effective pending the Vietnam Maritime Bureau’s organization of the first training and update fostering course, organization of exams and granting of professional maritime pilotage certificates under the provisions of this Regulation.

1. The Vietnam Maritime Bureau shall guide the mode and procedures for changing old types of professional maritime pilotage certificates to corresponding new professional maritime pilotage certificates.

Article 19.- The director of the Vietnam Maritime Bureau shall coordinate with the director of the Department for Organization, Personnel and Labor in organizing the guidance and inspecting the implementation of this Regulation.

For the Minister of Communications and Transport
Vice Minister
LA NGOC KHUE