Regulations on the Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels in Vietnam

Regulations on the Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels in Vietnam (Internet image)

Currently, the regulations on the Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels in Vietnam are specified in Decree 78/2016/ND-CP (amended in Decree 54/2022/ND-CP), specifically as follows:

Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels in Vietnam

- Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels (hereinafter referred to as “Certificate”) shall be issued, reissued, or revoked in accordance with Article 11 through 14 of Decree 78/2016/ND-CP.

- The Certificate template is provided in the Appendix enclosed with Decree 78/2016/ND-CP (Template No. 04).

- Vietnam Inland Waterway Administration shall issue, reissue and revoke certificates of third-class training institutions and above.

- Departments of Transport shall issue, reissue and revoke certificates of fourth-class training institutions in their provinces.

Application for the Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels in Vietnam

An application consists of:

- 01 application form (Template No. 01 in the Appendix enclosed with Decree 78/2016/ND-CP).

- 01 certified true copy (or a copy enclosed with the original) of each teacher/instructor’s qualification and employment contract (or visiting lecturer contract or another type of contract)

- 01 certified true copy (or a copy enclosed with the original) of each document proving the right to ownership or enjoyment or contract for lease of the classrooms, workshops, vessels, wharves and waters for practice; document about registration and inspection of the vessels suitable for the classes of certificates issued and training duration.

Procedures for issuance of a new Certificate of eligibility for provision of training for crewmembers and operators of internal waterway vessels in Vietnam

- The training institution shall submits an application specified in Article 11 of Decree 78/2016/ND-CP to the competent authority specified in Clause 3 and Clause 4 Article 10 of Decree 78/2016/ND-CP, whether directly, by post or another method.

If the application is not satisfactory, within 02 working days from the day on which it is received, the competent authority shall send a notice and instruct the applicant to complete the application in accordance with Decree 78/2016/ND-CP.

- The competent authority shall carry out a site inspection at the training institution and made out an inspection record according to Template No. 02 in the Appendix enclosed with Decree 78/2016/ND-CP.

If the inspection shows that all conditions area satisfied, within 10 working days from the day on which the satisfactory application is received, the competent authority shall issue the Certificate to the training institution. If the application is rejected, a written notice and explanation shall be sent to the applicant.

Reissuance of Certificates

- A Certificate shall be reissued when it is lost, damaged or the address or class of the training institution is changed.

- Procedures for reissuance of a lost or damage Certificate:

The training institution that wishes to have the Certificate reissued shall submit an application according to Template No. 03 enclosed with Decree 78/2016/ND-CP and send it to the competent authority specified in Clause 3 and Clause 4 Article 10 of Decree 78/2016/ND-CP, whether directly, by post or another method.

Within 05 working days from the day on which the application is received, the competent authority shall reissue the Certificate.

- Procedures for reissuance of the Certificate in case the address or class of the training institution is changed:

+ The training institution shall submits an application to the competent authority specified in Clause 3 and Clause 4 Article 10 of Decree 78/2016/ND-CP, whether directly, by post or another method.

The application consists of the documents specified in Article 11 of Decree 78/2016/ND-CP which specify the changes. If the application is not satisfactory, within 02 working days from the day on which it is received, the competent authority shall send a notice and instruct the applicant to complete the application in accordance with Decree 78/2016/ND-CP.

+ The competent authority shall carry out a site inspection and made out an inspection record.

If the inspection shows that all conditions area satisfied, within 07 working days from the day on which the satisfactory application is received, the competent authority shall reissue the Certificate to the training institution. If the application is rejected, a written notice and explanation shall be sent to the applicant.

Revocation of Certificates

A training institution shall have its Certificate revoked in the following cases:

- The application for the Certificate is fraudulent;

- Training is not provided for 18 consecutive months or the training institution is not put into operation after 18 months from the issuance date of the Certificate;

- Violations that lead to suspension of the training institution are not rectified by the deadline;

- The training institution incurs 02 or more penalties for administrative violations against regulations on provision of training for crewmembers and operators of internal waterway vessels within 12 months and according to other relevant regulations of law.

The competent authority that issued that Certificate shall issue the decision to revoke the Certificate and notify relevant authorities.

Duong Chau Thanh

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