What is a marine pilot? What are the provisions on use of marine pilotage in Vietnam?
What is a marine pilot in Vietnam?
Pursuant to Clause 1, Article 249 of the 2015 Vietnam Maritime Code stipulates the legal status of marine pilot, which explains maritime pilots as follows:
Legal status of marine pilot
1. Marine pilot is a consultant to the master in navigation of a ship to meet marine conditions that exist at the ship piloting zone where a marine pilot is operating. Use of marine pilotage shall not discharge the master’s liability to command the ship.
In addition, Article 248 of the 2015 Vietnam Maritime Code regulates maritime pilotage organizations as follows:
Marine pilotage organization
A marine pilotage organization refers to an enterprise that provides the service of navigating ships to enter or leave ports and operates within the regulatory marine pilotage zone of Vietnam.
According to the above regulations, marine pilot is a consultant to the master in navigation of a ship to meet marine conditions that exist at the ship piloting zone where a marine pilot is operating. Use of marine pilotage shall not discharge the master’s liability to command the ship.
What is a marine pilot? What are the provisions on use of marine pilotage in Vietnam? (Image from the Internet)
What are the provisions on use of marine pilotage in Vietnam?
Pursuant to Article 247 of the 2015 Vietnam Maritime Code, the provisions on use of marine pilotage are prescribed as follows:
- Use of marine pilotage in Vietnam is aimed at ensuring the maritime safety and security and environmental pollution prevention; playing a significant role in protecting sovereignty and exercising sovereignty right and jurisdiction of the Socialist Republic of Vietnam.
- Vietnamese and overseas ships must use Vietnamese maritime pilots for maneuvering these ships and pay charges for pilotage services when operating within a Vietnamese region where marine pilotage is required.
- Cases in which use of marine pilotage is not required include:
+ The region where marine pilotage is optional;
+ Vietnamese ships carrying below 1,000 GT of passengers, oil, liquefied gas, chemicals in bulk; other kinds of Vietnamese ship that has less than 2,000 GT in weight;
+ Overseas ship that has less than 10 GT in weight;
+ Any ship of which the master is a Vietnamese national who has achieved the certificate in pilotage service, certificate of marine pilotage operating zone conformable to specific types of ships and regulatory pilotage operating zone in which active ships are permitted to be navigated by itself.
- The master of any ship referred to in paragraph 3 of this Article may require pilots to navigate such ship whenever necessary.
What are the procedures for issuing Certificates of professional maritime pilotage in Vietnam?
Based on Article 12 of Circular 27/2016/TT-BGTVT, amended and supplemented by Article 8 of Circular 54/2023/TT-BGTVT, the procedures for issuing Certificates of professional maritime pilotage are as follows:
- The application for Certificates of professional maritime pilotage includes:
+ Letter from the maritime pilot organization or shipmaster managing authority, according to the prescribed form in Appendix 1 of Circular 54/2023/TT-BGTVT.
+ Declaration form according to the prescribed form in Appendix 2 of Circular 54/2023/TT-BGTVT.
+ Three assessment forms for the professional competence of Grade Three maritime pilots, two assessment forms for Grade Two, Grade One and Extraordinary maritime pilots, and one assessment form for shipmasters conducting self-piloting, according to the prescribed form in Appendix 5 of Circular 27/2016/TT-BGTVT.
+ Two color photos for applications submitted in person or by post, or one electronic file for applications submitted through the online public service system, sized 3cm x 4cm, with white background, taken within the past six months.
+ Original or certified copy, or electronically certified copy of the health certificate according to the regulations.
+ Organizations and individuals submit one set of application documents directly to the Vietnam Maritime Administration or send them through the postal system or online public service system.
- The Vietnam Maritime Administration receives the application documents, checks the components and quantity of documents according to the regulations, records them, and schedules the result delivery according to the regulations:
+ In the case of direct submission, if the application documents are not complete according to the regulations, they will be returned, and the organization or individual will be instructed to complete the documents according to the regulations.
+ In the case of receiving application documents through the postal system or online public service system, if the application documents are not complete according to the regulations, the Vietnam Maritime Administration will notify in writing within a maximum of two working days from the date of receiving the documents.
+ Within a maximum of 02working days from the date of receiving the complete application documents according to the regulations, the Vietnam Maritime Administration will send a written request to the regional Port Authority for confirmation of the number of pilotages conducted.
Within a maximum of 03 working days from the date of receiving the written request from the Vietnam Maritime Administration, the regional Port Authority will send a confirmation document to the Vietnam Maritime Administration.
+ Within a maximum of 02 working days from the date of receiving the confirmation from the regional Port Authority, the Vietnam Maritime Administration will issue the Certificates of professional maritime pilotage according to the prescribed form in Appendix 1 of this Circular.
If the conditions for issuing Certificates of professional maritime pilotage are not met according to the regulations, the Vietnam Maritime Administration must provide a written response and state the reasons.
- One original copy of the Certificates of professional maritime pilotage will be issued to each maritime pilot or shipmaster.
Therefore, to carry out the procedures for issuing Certificates of professional maritime pilotage, it is necessary to prepare complete application documents to be submitted to the Vietnam Maritime Administration and receive the results according to the regulations.
LawNet