Circular No. 65/2011/TT-BGTVT on seagoing ship registrars

OFFICIAL GAZETTE Issue nos09-lO/.Januau 2012 (Cong Bao JlOS l03-104J]aJUwl)" 1S 2(12) ~. Chapter J GENERAL PROVISIONS Article 1. Scope of regulation Thi s Circular provides criteria, responsibilities, powers and tasks of seagoing ship registrars and the recognition of seagoing ship registrars. Article 2. Subjects of application THE MINISTRIES rtjEMINISTRY OF TRANSPORT .' Circular No. 6512011/TTpBGTVT of December 27, 2011, on seagoing ship registfa,:s Pur$jjjyzt to the June 14. 2005 Vietnam Mariti~ode; Pursuant to the Government's Decree No. 5112008/ND-CPujApriI22, 2008, defining (he functions, tasks, powers and organizational structure of the Ministry of Transport; The Minister ofTransport provides seagoing ship registrars as follows: This Circular applies to agencies, organizations and individuals involved In seagoing ship registration; craft and equipment for marine exploration, exploitation and transportation of oil and gas (below referred to as marine works for short); industrial products used for seagoing ships and marine works (below referred to as industrial products for short). Article 3. Seagoing ship registrars Seagoing ship registrars are persons who register seagoing ships, marine works and industrial products. Article 4. Classes of seagoing ship registrars Seagoing ship registrars are divided into 2 classes as follows: 1. Seagoing ship registrars. 2. Senior seagoing ship registrars. Article 5. Responsibilities of seagoing ship registrars C VIETNAM LAW & LEGAL FORU" Issue nos 09-IO/.Ianuary 2012 OFFICIAl GA7FTTF (Gong Beo nos I03-104IJaIlIl0l:\ 18,2012) 7 Seagoing ship registrars shall register seagoing ships and marine works (below referred to as means for short) and industrial products in an objective and lawful manner in accordance with the contents of the certificates and the functions and tasks of register agencies or units; all acts of abusing powers or intentional wrongdoings shall be handled under law, Article 6. Powers of seagoing shi p regi strars 1. To request owners of means or establishments that design, manufacture, build, repair, maintain and test means and industrial products to provide technical records and create necessary conditions at sites for performing technical survey, evaluation and supervision and assuring safety in the course of performing their tasks. 2. To reserve and report their opinions which are different from decisions of the heads of their units concerning results of evaluation of the technical status of surveyed and supervised objects. 3. To sign and use professional seals and certificates when compiling registration dossiers for evaluated, surveyed and supervised objects according to regulations. 4. To refuse to conduct technical evaluation. survey and supervision of means and industrial products if they have not yet been trained in or are unable to perform assigned jobs or they recognize that labor safety conditions at working sires are not assured. Chapter II CRITERIA AND TASKS OF CLASSES OF SEAGUiNG SHiP KElilSTKAl<.S Article 7. Seagoing ship registrars 1. Requirements on knowledge about: a/ Vietnamese laws and internatiCJrr.tl treaties...... concerning the registration of meanss bl Legal documents, standard~chnical M ~ regulations, rules, processes and guidelines on registration work related to assigne4Jisks; cl The functions, tasks, p~s and organizational structure of Vietnam~gister; dl The functions and ac~ivitAZ1 of the International Maritime Orgamzatio~O),the International Association of Claiification Societies (lACS), the Asian Cla~cation f""' I Society (ACS), maritime autho'r}1ies and maritime industrial organizations. 2. Requirements on qualifications: :::i a! Having a urnverstty dlploma:= a major related to building, repair and oCJ:tation of seagoing ships and marine ~ks and manufacture of industrial products~ bl Having completed new, sup~mentary and refresher training courses in re~ration of means and industrial products for seagoing ship registrars organized by Vietnam Register or by foreign registries which have signed agreements with Vietnam Register; cI Having an English-language certificate of level H or higher and knowing specialized © VIETNAM LAW & LEGAL FORUM 8 OFFICIAL GAZ~TTE Issue nos09-10tJanuary 2012 (C6ny Baollm103-J04/JIII11Il/TY /8,2012) English in seagoing ship registration: dJ Possessing computer skills to use office and related professional software applications; eI Passing registrar assessment tests before being recognized as seagoing ship registrars and annual assessments; fl HiMug been trained in and practiced--registrarjsbs for at least 2 years. 3. T~s of seagoing ship registrars perfonn5m examination work: W S~Ylng the quality, technical safety, environ Hal protection and classification of means iri-ftte course of hnilding, transformation, reslorat~ repair or operation according to legal ~uments, standards, technical.... regula~, rules, international treaties and relevant~fessional guidelines; bl S~ying the quality and compatibility of indus~l products fitted on means;........ cl SuQieying and assessing establishments manufaCtUring, repairing, maintaining and-testing means and industrial products; dI Irwi.gilating at examinations to grant welder oHi:8n-destructiveexaminer certificates; el P~ipating in investigating accidents occ~ seagoing ships and marine works; ff Compiling registration dossiers for surveyed objects; gJ Calculating examination charges and fees for surveyed objects; hi Participating in and giving comments on the drafting of legal documents, standards, technical regulations. rules and professional guidelines on registration; il Participating in professional training and instruction for seagoing ship registrars performing survey work. 4. Tasks of seagoing ship registrars performing design appraisal: at Appraising designs in the building, transformation and repair of means and manufacture of industrial products according to legal documents. standards, technical regulations, rules, international treaties and relevant professional guidelines; bl Compiling registration dossiers related to the appraisal of designs; ct Calculating design appraisal charges and fees; df Participating ill and commenting 011 the drafting of legal documents, standards, technical regulations, rules and professional guidelines on registration; et Participating in professional training and instruction for seagoing ship registrars performing design appraisal. Article 8. Senior seagoing ship registrars 1. Requirements on knowledge: In addition to the requirements on knowledge set for seagoing ship registrars, senior seagoing ship registrars must all so satisfy the following requirements: at Grasping development policies and orientations of their units and the registration @"'iIETNAM LAW & LEGAL FORUM Issye nOs09-10/January 2012 OFFICIAL GAZr TTE (Gong Baa /IOS 103-104IJUI/lIan' /8,2012) 9 Chapter III @ VIETNAM LAW & LEGAL FORUM sector and social demands; b/ Possessing deep knowledge and practical experience for teaching, training and instructing seagoing ship registrars about legal documents and professional operations; c/ Being capable of formulating legal documents, standards, technical regulations, rules and professional guidelines on registration. 2. Requirements on qualifications: aJ Having a university diploma in a major related to building, repair and operation of seagoing ships and marine works and manufacture of industrial products; b/ Having completed new, supplementary and refresher training courses in registration of me an s and industr lal products fur seui or seagoing ship registrars organized by Vietnam Register or foreign registers which have signed agreements with Vietnam Register; c/ Having an English-language certificate of level C or higher and being able to work independently with foreigners on registration work; dJ Passing registrar assessment tests before being recognized as senior seagoing ship registrars and annual assessments; fI Having been working as seagoing ship registrars for at least 6 years. 3. Tasks of senior seagoing ship registrars In addition to the tasks of seagoing ship registrars performing surveyor design appraisal work, sen ior seagoi ng ship regi strars shall perform the following tasks: aJ Participating in formulating long-term, five-year and annual strategies, master plans and plans on registration of means and industrial products; b/ Taki ng muin charge of scicn tiWiJ;csearch "...j projects and drafting legal d~ments, standards, technical regulations,"'Tbles and professional guidelines on registr~;.. . c/ Advising the heads of theirunits on professional and technical mattersu~ request; ...... - ...~ dJ Investigati ng serious acciden~ccurring to means·, ,~..--e/ Participating in evaluating se~oing ship registrars and senior seagoing shi~egistrars upon request. :::: ­.,.. RECOGNITION OF SEAGOING SHIP REGISTRARS ----..... Article 9. Competence to !£cognize-seagoing ship registrars -1. The director of Vietnam Register may recognize seagoing ship registrar~ndgrant-seagoing ship registrar cenificateseand cards under this Circular on the basis of results of consideration, test and evaluation of the regi strar recognition council. 2. The seagoing ship registrar recognition council of Vietnam Register consists of: aIThe counci r chairman who represents the 10 OFFICIAL GAZETTE Issue nos09-10/.lanuary 2012 (Gong Bao nos /W·/04IJaw((Iry /8,20/2) leaders of Vietnam Register; bl The council secretary, who is the director of the Trai ning Center of Vietnam Register; cI Council members who are heads of the Divtstons of Regulations, Seagoing Ships, Marine Works and Industries of Vietnam Registec. 3. Vtf'tpam Register shall organize annual asscsst1T'nlts of recognized scagoing ship registra~ndcertify their certificates. Art~ 10. Dossiers of request for recogni~nof seagoing ship registrars • 1.F~eagoing ship registrars: a/ dritten request for recognition of seagoingiPregistrar, made by the registry unit (origina -.. blTEuniversity diploma (a certified copy UT a l:W' enclosed with the original fur COmp:v-w.n); cl ~nglish-ianguage certificate of level B or higher; • • d/ AC4{made according to a set fOnT1);..... eJ~s of registration training certificates . ...--2. For senior seagoing ship registrars; aJA written request for recognition of senior seagoing ship registrar, made by the registry unit (original); hi The university diploma ('1 certified copy or a copy enclosed with the original for comparison): cI An English -Ianguuge certificate of level C or higher; d/ A CY (made according to a set form); el Copies of registration training certificates, Article 11. Order and procedures for recognizing seagoing ship registrars 1.Organizations and individuals shall make complete dossiers under Clause 1 01 2 ofArticle to, and submit a dossier set directly or by post to Vietnam R~8istf'.r 2, Vietnam Register shall receive and check the dossiers, If a dossier is incomplete, it shall guide the submitter to complete it. If the dossier is complete, it shall forward it to members of the registrar recognition council. 3, The registrar recognition council shall meet to approve a dossier of request for recognition and test the recognition requester regarding: a! Professional qualifications (written and oral tests); bl English language (listening, speaking, reading and writing); cl Field practice. 4. Time limit for settlement: a/ Within 5 working days after receiving and checking a dossier, the registrar recognition council shall issue a written reply to the concerned organization or individual if the dossier is unsatisfactory; @ VIeTNAMLAW & LEGAL FORUM Issue nos09-10/January 2012 OFFICIAL GAZEnE (Cung Bau 110S 103-f04lJoIHwr." J8, 20J2) h/ Within 15 working days after receiving and checking a dossier which is satisfactory, the registrar recognition council shall organize tests of the recognition requester. cl Within 5 working days after completing the tests, the registrar recognition council shall issue a written reply to the concerned organization or person if the tested person tails the tests or propose the director of Vietnam Register to sign a seagoing ship registrar recognition decision and issue a registrar certificate, made according to a set form, enclosed with its annexes (made according to set forms) and a registrar card, made according to a set form, to the person who passes the tests. Article 12. Withdrawal of seagoing ship registrar certificates and cards Seagoing ship registrars may have their certificates and cards withdrawn when vialating any of the following provisions and being disciplined in the form of warning or stringer penalty: 1. Violating current regulations while performing their tasks. 2. Committing negative acts, harassing or deliberately causing troubles to customers while performing their tasks. Chapter IV EFFECT AND ORGANIZATION OF IMPLEMENTATION Article 13. Effet:t This Circular takes effect 4S days ::lftM"m , signing, To annul the Minister of TransPait.. <~, Decision No. 183112001lQD-BGTVT ofJ~ 12,2001, promulgating criteria ofseagoi -~~; registrars. Article 14. Organization of implemei8' .1 -'t"=:-.-¥).l<. 1. Vietnam Register shall prep~i~~" \,' plans, programs and contents annrgiwze training, assessment and rec~ti~of seagoing ship registrars under this~. 2. For seagoing ship registrar~hotrc J..... ,".' appointed before the effective ~ of"\bis Circular, within 6 months from tt«!'t~ date of this Circular, Vietnam Reitttsha'li organize assessment, consider~on and recognition of seagoing ship re~trars in accordance with this Circular. If a~~ registrar fails to meet prescribed~.rds, within 2 years from the effective aafuOlthis Circular, he/she shall complete an~dlUonal training program for re-evaluation.ar ~.te­ evaluation, if he/she still fails to meefmeSClltod standards, he/she shall be downgra~ at have his/her registrar certificate and car~oted. • 3. The Chief of the Office,1'J:e Chief Inspector, directors of departme~aDd the director of Vietnam Register and heads of related agencies and organizations and related persons shall implement this Circular Minister of Transport DINH LA THANG © VIETNAM LAW &LEGAL FORUM