In Vietnam, is it neccesary for captains holding certificates of marine pilotage to hire marine pilots?

In Vietnam, is it neccesary for captains holding certificates of marine pilotage to hire marine pilots?

Pursuant to Article 247 of the Vietnam Maritime Code in 2015 stipulating provisions on use of marine pilotage in Vietnam as follows:

1. 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.

2. 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.

3. Cases in which use of marine pilotage is not required include:

a) The region where marine pilotage is optional;

b) 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;

c) Overseas ship that has less than 10 GT in weight;

d) Any ship of which the captain 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.

4. The master of any ship referred to in paragraph 3 of this Article may require pilots to navigate such ship whenever necessary.

As regulations above, if you have the certificate in pilotage service, certificate of marine pilotage operating zone conformable to specific types of ships and regulatory pilotage operating zone, you are permitted to be navigated by itself. Otherwise, you must hire marine pilots in regulatory pilotage operating zone.

What are the fines imposed to marine pilots making mistakes when guiding vessels causing an inland waterway traffic accident in Vietnam?

Pursuant to Clause 2.d, Article 40 of the Decree 139/2021/NĐ-CP stipulating violations against regulations on the pilotage and guidance of stream on inland waterways in Vietnam as follow:

2. A fine of from VND 7.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

d) Pilots make mistakes when guiding vessels causing inland waterway traffic accidents

Pursuant to Clause 5, Article 4 of the Decree 139/2021/NĐ-CP stipulating penalties and remedial measures as follow:

5. The fine for each administrative violation specified in Chapter II of this Decree are incurred by individuals. In case of the fine for the same administrative violation committed by an organization shall be 2 times as much as that on individuals

As regulations above, pilots making mistakes when guiding vessels causing inland waterway traffic accidents shall be fined from VND 7.000.000 to VND 10.000.000

Best regards!