Regulations on holding of the post of crew members and operators on board inland waterway vessels in Vietnam

Regulations on holding of the post of crew members and operators on board inland waterway vessels in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on holding of the post of crew members and operators on board inland waterway vessels in Vietnam

Regulations on holding of the post of crew members and operators on board inland waterway vessels according to Article 14 of Circular 39/2019/TT-BGTVT are as follows:

- Crew members holding the Master’s Level-IV Certificate of Competency may take up the post of a master of the following vessels:

+ Small-sized vessels carrying passengers across rivers prescribed in the Regulation on Technical Supervision and building of small-sized inland waterway vessels;

+ Passenger carrying vessels having the maximum loading capacity of up to 20 (twenty) passengers;

+ Cargo vessels of up to 100GT;

+ Vessels that are not covered by regulations laid down in point a, b and c of this clause and fitted with inboard main engines of up to 100HP or outboard main engines of 400HP.

- Crew members holding the Master’s Level-III Certificate of Competency may take up the post of a master of the following vessels:

+ Passenger carrying vessels having the maximum loading capacity of up to 50 (fifty) passengers;

+ Ferries having the maximum loading capacity of 50 (fifty) passengers and 250 tons of freight;

+ Cargo vessels of up to 500GT;

+ Towing fleet of up to 800GT;

+ Vessels that are not covered by regulations laid down in point a, b, c and d of clause 2 of Article 14 of Circular 39/2019/TT-BGTVT and fitted with inboard main engines of up to 250HP or outboard main engines of 1000HP.

- Crew members holding the Master’s Level-II Certificate of Competency may take up the post of a master of the following vessels:

+ Passenger carrying vessels having the maximum loading capacity of up to 100 (fifty) passengers;

+ Ferries having the maximum loading capacity of 100 (one hundred) passengers and 350 tons of freight;

+ Cargo vessels of up to 1,000GT;

+ Towing fleet of up to 1,500GT;

+ Vessels that are not covered by regulations laid down in point a, b, c and dd of Clause 3 of Article 14 of Circular 39/2019/TT-BGTVT and fitted with inboard main engines of up to1,000HP or outboard main engines of 3,000HP.

- Any crew member holding the Master’s Level-I Certificate of Competency may take up the post of a master commanding vessels of all kinds:

- Any crew member holding the Master’s higher-level Certificate of Competency may take up the post of a master of the vessel which is put under the command as legally given to the post of a crew member holding the Master’s lower-level Certificate of Competency as stipulated in existing regulations.

- Any crew member holding the Master’s Certificate of Competency may take up the post of the master’s mate of the vessel which is put under the command as given to the post of crew member holding the Master’s immediately higher-class Certificate of Competency; any crew member holding the Master's Certificate of Competency may take up the seafarer’s post.

- Any crew member holding the Chief Engineer’s Level-I Certificate of Competency may take up the chief engineer post of vessels of all kinds.

- Any crew member holding the Chief Engineer’s level-II Certificate of Competency may take up the Chief Engineer post of the vessel fitted with the inboard main engine of up to 1,000HP or the outboard main engine of up to 3,000HP.

- Any crew member holding the Chief Engineer’s level-III Certificate of Competency may take up the Chief Engineer post of the vessel fitted with the inboard main engine of up to 250HP or the outboard main engine of up to 1,000HP.

- Any crew member holding the Chief Engineer’s higher-level Certificate of Competency may take up the Chief Engineer post of the vessel which is put under the command as legally given to the post of a crew member holding the Chief Engineer’s lower-level Certificate of Competency as stipulated in existing regulations.

- Any crew member holding the Chief Engineer’s Certificate of Competency may take up the post of the second engineer of the vessel which is put under the command as legally given to the post of crew member holding the Chief Engineer’s immediately higher-class Certificate of Competency; any crew member holding the Chief Engineer's Certificate of Competency may take up the machinist post.

- Any crew member holding the Seafarer’s Certificate of Competency may take up the seafarer post aboard vessels of all kinds.

- Any crew member holding the Machinist’s Certificate of Competency may take up the machinist post aboard vessels of all kinds.

- Any person holding the Operator’s Certificate of Competency may directly operate the non-motorized vessel of up to 15GT or the vessel propelled by an engine of up to 15HP or the vessel having the loading capacity of 12 (twelve) passengers, or rafts.

- In addition to holding certificates of competency or other professional credentials relevant to their posts as provided in regulations in force, operators of high-speed vessels, near-coastal vessels, workers on board near-coastal vessels, vessels carrying oil and petroleum, chemicals or liquefied gas must hold respective special professional certificates.

2. Responsibilities of a cadet in Vietnam

According to Article 13 of Circular 39/2019/TT-BGTVT, a cadet is under the supervision of the master. A cadet holding a post on board the vessel must performed duties within his/her scope of such post and have the following responsibilities:

- Strictly comply with general regulations applied to crew members.

- Work and live on board the vessel according to the task assignment and instructions of the master or the chief engineer or the person authorized by the master or the chief engineer.

- Use, operate the engine and equipment available on board the vessel only when his/her direct instructor is present.

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