CIRCULAR

ON THE TRAINING, CERTIFICATION AND NULLIFICATION OF PROFESSIONAL MARITIME PILOTAGE AND THE CERTIFICATION OF PILOTAGE AREA

Pursuant to Vietnam Maritime Law dated November 25, 2015;

Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 on the functions, missions, authority and organizational structure of the Ministry of Transport;

At the request of the Head of the Department of Personnel and Organization and the Head of Vietnam Maritime Administration;

Minister of Transport promulgates the Circular on the training, certification and nullification of professional maritime pilotage and the certification of pilotage area.

Chapter I

GENERAL

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1. This Circular governs the training of professional maritime pilotage, the issuance and revocation of certificates of professional maritime pilotage and of certificates of pilotage area.

2. This Circular applies to maritime pilots, shipmasters, pilotage organizations, ship owners, organizations and individuals in connection with the utilization, training, certification and nullification of professional maritime pilotage and the certificate of pilotage area certificates.

Article 2. Certification of professional maritime pilotage and pilotage area

1. Certification of professional maritime pilotage

a) The certificate of professional maritime pilotage shall be bestowed on a maritime pilot or shipmaster who abides by Chapter II of this Circular. A maritime pilot or shipmaster shall only navigate a maritime vessel within permissible boundaries specified in the professional maritime pilotage certificate.

b) The classification of professional maritime pilotage certificates includes Class 3, Class 2, Class 1, Premium Class and shipmaster’s pilotage.

c) A certificate of professional maritime pilotage shall be valid in 05 years upon issuance. If a maritime pilot soon passes his working age in less than 05 years, the validity of his professional maritime pilotage certificate shall accord with the remaining years of his working age as per the legislation on labor. A certificate of professional maritime pilotage for shipmaster’s pilotage shall be valid in 02 years.

d) The format of professional maritime pilotage certificate is specified in Appendix 1 to this Circular.

2. Certification of pilotage area

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b) A maritime pilot or shipmaster shall be granted a certificate of the pilotage area and route on which such maritime pilot has honed pilotage or such shipmaster has navigated a vessel.

c) The validity of the pilotage area certificate accords with that of the professional maritime pilotage certificate.

dd) The format of pilotage area certificate is specified in Appendix 2 to this Circular.

Article 3. Classification of maritime pilots

1. A maritime pilot granted a Class 3 certificate of professional maritime pilotage shall be in third class. A third-class maritime pilot can navigate maritime vessels with gross tonnage not exceeding 4000 and a maximum length of 115 m.

2. A maritime pilot granted a Class 2 certificate of professional maritime pilotage shall be in second class. A second-class maritime pilot can navigate maritime vessels with gross tonnage not exceeding 10,000 and a maximum length of 145 m.

3. A maritime pilot granted a Class 1 certificate of professional maritime pilotage shall be in first class. A first-class maritime pilot can navigate maritime vessels with gross tonnage not exceeding 20,000 and a maximum length of 175 m.

4. A maritime pilot granted a Premium Class certificate of professional maritime pilotage shall be in premium class. A premium-class maritime pilot can navigate every maritime vessel.

5. A maritime pilot shall navigate vessels on official assignment, fishing vessels, inland watercraft, submarines, submersibles, floating storages, movable platforms, seaplanes and foreign military ships entering Vietnam in adherence to maritime pilot classifications in Section 1, 2, 3, 4 of this Article.

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TRAINING, EXAMINATION, CERTIFICATION OF PROFESSIONAL MARINE PILOTAGE AND CERTIFICATION OF PILOTAGE AREA

Article 4. Pilotage training

1. A pilotage training program consists of:

a) The basic maritime pilotage training program intended for pilotage trainees;

b) The advanced maritime pilotage training program intended for promoting maritime pilots from Class 2 to Class 1;

c) The maritime pilotage training program intended for shipmasters’ piloting vessels.

2. The basic and advanced maritime pilotage training programs consist in:

a) Vietnam Maritime Law, Inland Water Transport Law, legal regulations on maritime pilotage, international treaties on maritime safety, maritime security and prevention of environmental pollution.

b) Maritime pilotage;

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d) Compulsory pilotage areas in Vietnam;

dd) English for maritime pilotage;

e) Bridge resource management;

g) Bridge operations;

h) International regulations for the prevention of collisions at sea;

i) Transportation of hazardous cargo, passengers and ro-ro freight.

3. The maritime pilotage training program for shipmaster’s pilotage is composed of those defined in Point a, b, c, d, dd, Section 2 of this Article.

4. Relevant training providers shall formulate and present maritime pilotage training programs to the Ministry of Transport for application.

Article 5. Training providers and maritime pilotage apprenticeship

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2. Missions of training providers:

a) Conduct training in line with the maritime pilotage training programs as regulated;

b) Research and improve teaching methods and educational quality; propose apt revisions to maritime pilotage training programs;

c) Collect and spend the tuition for maritime pilotage training as per regulations.

3. Maritime pilots and trainees shall be trained by maritime pilotage organizations.

Article 6. Maritime pilotage examination council

1. The establishment of maritime pilotage examination councils is at the discretion of the Head of Vietnam Maritime Administration.

2. A maritime pilotage examination council consists of 05 to 07 members, as follows: Chairperson of the Council is the representative of the leadership of Vietnam Maritime Administration while other members represent heads of relevant departments of Vietnam Maritime Administration, maritime pilotage organizations and training providers.

3. The maritime pilotage examination council shall be responsible for organizing graduation examinations for basic and advanced maritime pilotage training programs.

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a) Validating the list of examinees according to Chapter II of this Circular;

b) Advising the Head of Vietnam Maritime Administration in regard to the establishment of question banks for each class of maritime pilotage or pilotage area; propose more practical revisions to examination questions.

c) Organize, conduct and inspect examinations;

d) Handle issues that may ensue during examinations;

dd) Form the Examiners Board for graduation examinations of basic and advanced maritime pilotage programs (referred to as the Examiners Board);

e) Summarize and report examination results to the Head of Vietnam Maritime Administration for accreditation of graduates;

g) Aggregate and report to the Head of Vietnam Maritime Administration the opinions from training providers, learners and maritime pilotage organizations about organizational activities, training programs and procedures for maritime pilot classifications.

Article 7. Examiners Board

1. An examiners board consists of 05 to 07 members who are:

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b) Shipmaster(s) having held an equivalent title for at least 36 months on maritime vessel(s) with gross tonnage from 3000;

c) Specialists esteemed for maritime expertise;

d) Representatives of maritime administrations and/or inland waterway port authorities.

2. The examiners board shall be tasked with:

a) Conducting oral examinations, grading, summarizing and reporting results as per regulations;

b) Proposing to the Maritime Pilotage Examination Council the timely rectification of examination questions;

c) Handling and reporting violations of examination regulations intra vires to the Maritime Pilotage Examination Council.

Article 8. Entry requirements of maritime pilotage training programs

1. A learner shall satisfy the following entry requirements to enroll in a basic maritime pilotage training program:

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b) Have worked as a deck officer on a maritime vessel with gross tonnage from 500 for at least 12 months;

c) Adhere to the regulated health criteria;

d) Possess an English certificate at level 2 or higher as regulated by the Minister of Transport.

2. A learner shall satisfy the following entry requirements to enroll in an advanced maritime pilotage training program:

a) Possess a degree in marine ship maneuvering from a university or higher level;

b) Adhere to the regulated health criteria;

c) Possess an English certificate at level 3 or higher as regulated by the Minister of Transport;

d) Possess a Class 2 certificate of professional maritime pilotage;

dd) Have piloted vessel(s) independently and safely for at least 300 times as a second-class maritime pilot or have accomplished tasks as a second-class maritime pilot for at least 24 months, which has been confirmed by a maritime pilotage organization and local maritime administration.

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a) Have graduated in marine ship maneuvering from a college or higher;

b) Adhere to the regulated health criteria;

c) Possess an English certificate at level 2 or higher as regulated by the Minister of Transport.

d) Have undertaken the title of shipmaster for at least 36 months.

Article 9. Application for enrollment in maritime pilotage training programs

1. The application for enrollment in a basic maritime pilotage training program includes:

a) The enrollment form (for independent applicants) or the written recommendation by the supervisory organization;

b) The notarized copy of the academic degree;

c) The notarized copies of the certificate of expertise and the seafarer discharge book;

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dd) The health certificate as regulated by the Ministry of Health;

e) The curriculum vitae attested by the supervisory organization or the local authority at the commune where permanent residence is registered.

2. The application for enrollment in an advanced maritime pilotage training program includes:

a) The written recommendation by the supervisory organization;

b) The notarized copy of the Class 2 certificate of professional maritime pilotage.

3. The application for enrollment in a maritime pilotage training program for shipmaster’s pilotage includes:

a) The enrollment form (for independent applicants) or the written recommendation by the supervisory organization;

b) The notarized copy of the academic degree;

c) The notarized copies of the certificate of shipmaster's expertise and the seafarer discharge book;

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dd) The health certificate as per regulations;

e) The curriculum vitae attested by the supervisory organization or the local authority at the commune where permanent residence is registered.

Article 10. Validation of examination result

1. Examinees attaining at least a grade 5 (on 10.0 scale) in all exam subjects shall be accredited for graduation.

2. Head of Vietnam Maritime Administration shall approve the graduation from maritime pilotage training programs at the request of the Chairperson of the Maritime Pilotage Examination Council.

Article 11. Requirements for certification of professional maritime pilotage

1. Requirements for certification of third-class professional maritime pilotage:

a) Have accomplished a basic maritime pilotage training program;

b) Have practiced third-class maritime pilotage safely for 400 times or for 200 times in at least 36 months, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration. A maritime pilotage trainee having held the title of shipmaster on a vessel with gross tonnage from 500 shall be required to have piloted vessel(s) safely for 200 times or for 100 times in at least 24 months, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration.

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a) Have piloted vessel(s) safely for 300 times as a third-class maritime pilot or have piloted vessel(s) for 200 times in at least 24 months as an accomplished third-class maritime pilot, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration;

b) Have practiced piloting vessel(s) with gross tonnage over 4000 or maximum length of over 115 meters safely for 50 times; or have piloted vessel(s) safely for 30 times in at least 12 months as a second-class maritime pilotage trainee, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration.

3. Requirements for certification of second-class professional maritime pilotage for applicants certified for expertise in mastering vessel(s) with gross tonnage from 3,000 and having held the equivalent title of shipmaster for at least 36 months:

a) Have accomplished a basic maritime pilotage training program;

b) Have practiced piloting vessel(s) with gross tonnage over 4,000 or maximum length of over 115 meters safely for 200 times; or have piloted vessel(s) safely for 100 times in at least 12 months as a second-class maritime pilotage trainee, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration.

4. Requirements for certification of first-class professional maritime pilotage:

a) Have accomplished an advanced maritime pilotage training program;

b) Have practiced piloting vessel(s) with gross tonnage over 10,000 or maximum length of over 145 meters safely for 50 times; or have piloted vessel(s) safely for 30 times in at least 06 months as a first-class maritime pilotage trainee under the guidance of a certified first-class or premium-class maritime pilot, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration.

5. Requirements for certification of premium-class professional maritime pilotage:

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b) Have piloted vessel(s) safely for at least 300 times as a first-class maritime pilot or have piloted vessel(s) safely for 200 times in least 36 months, which has been confirmed by the apprenticing maritime pilotage organization and local maritime administration.

b) Have practiced piloting vessel(s) with gross tonnage over 20,000 or maximum length of over 175 meters safely for 50 times; or have piloted vessel(s) safely for 30 times in at least 06 months as a premium-class maritime pilotage trainee under the guidance of a certified premium-class maritime pilot, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration.

6. Requirements for certification of professional maritime pilotage for shipmaster’s pilotage:

a) Have accomplished the maritime pilotage training program for shipmaster's pilotage;

b) Possess a valid certificate of professional shipmaster;

c) Have piloted vessel(s) safely for at least 12 times in 06 months, which has been confirmed by local maritime administration(s).

Article 12. Application for certification of professional maritime pilotage

1. An application for certification of professional maritime pilotage includes:

a) The written recommendation by a maritime pilotage organization or shipmaster management organization as per Appendix 3 to this Circular;

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c) The original copies of the maritime pilotage test sheet: 03 for third-class ones, 02 for second-class, first-class and premium-class ones, and 01 for shipmaster’s pilotage as per Appendix 5 to this Circular;

d) Two 3x4cm color photos taken in the last 06 months;

dd) The health certificate as regulated by the Ministry of Health;

2. The applicant shall submit 01 (one) application to Vietnam Maritime Administration in person, by post or by another proper method.

3. Vietnam Maritime Administration shall receive the application, check the documents and quantity as per regulations, input information and give the expected time of response as per regulations. If the application submitted in person does not suffice as per regulations, it shall be returned and the applicant shall be guided to complete it as per regulations. If the application delivered by post does not suffice as per regulations, Vietnam Maritime Administration shall send a written notification in at most 02 (two) working days upon the receipt of such application.

4. Vietnam Maritime Administration shall issue the certificate of professional maritime pilotage as per Appendix 1 to this Circular in no more than 05 (five) working days upon the receipt of the full application as per regulations. Vietnam Maritime Administration shall reject unqualified applicants in writing with clear justifications.

5. The certificate of professional maritime pilotage shall be issued in 01 original to the maritime pilot or shipmaster.

Article 13. Requirements for re-certification of professional maritime pilotage

The certificate of professional maritime pilotage shall be re-issued when damaged, lost, flawed or expired. The following requirements apply to the re-issuance of an expired certificate of professional maritime pilotage:

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2. The maritime pilot has held such title pursuant to his certificate of professional maritime pilotage for at least 24 months within 05 years. If not attaining the duration of 24 months, he must re-served apprenticeship in at least 03 months then obtain a confirmation therefor by the apprenticing maritime pilotage organization and/or local maritime administration. The piloting shipmaster has navigated vessel(s) safely for at least 12 times (with a confirmation by a local maritime administration) during his utilization of the certificate of professional maritime pilotage.

Article 14. Application for re-certification of professional maritime pilotage

1. An application for reissuance of a certificate of professional maritime pilotage includes:

a) The application form for reissuance of professional maritime pilotage certificate, specifying reason(s) confirmed by the head of the maritime pilotage organization or shipmaster management organization, as of Appendix 6 to this Circular;

b) The original certificate of professional maritime pilotage (if damaged or flawed);

c) Two 3x4cm color photos taken in the last 06 months;

d) The health certificate as regulated by the Ministry of Health;

2. The applicant shall submit 01 (one) application to Vietnam Maritime Administration in person, by post or by another proper method.

3. Vietnam Maritime Administration shall receive the application, check the documents and quantity as per regulations, input information and give the expected time of response as per regulations. If the application submitted in person does not suffice as per regulations, it shall be returned and the applicant shall be guided to complete it as per regulations. If the application delivered by post does not suffice as per regulations, Vietnam Maritime Administration shall send a written notification in at most 02 (two) working days upon the receipt of such application.

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5. One original certificate of professional maritime pilotage commensurate with that damaged or lost shall be re-issued to the maritime pilot or shipmaster.

Article 15. Requirements for certification of pilotage area

1. Possess a certificate of professional maritime pilotage.

2. In order to obtaining a certificate of pilotage area, a maritime pilot working at an offshore oil rig has to accomplish the pilotage of vessel(s) as an trainee for at least 18 times in the pilotage area, which has been confirmed by the apprenticing maritime pilotage organization and/or local maritime administration.

Article 16. Application for certification of pilotage area

1. An application for certification of pilotage area includes:

a) The written request by the maritime pilotage organization or shipmaster management organization as per Appendix 3 to this Circular;

b) The declaration form as per Appendix 4 to this Circular;

c) Two 3x4cm color photos taken in the last 06 months;

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3. Vietnam Maritime Administration shall receive the application, check the documents and quantity as per regulations, input information and give the expected time of response as per regulations. If the application submitted in person does not suffice as per regulations, it shall be returned and the applicant shall be guided to complete it as per regulations. If the application delivered by post does not suffice as per regulations, Vietnam Maritime Administration shall send a written notification in at most 02 (two) working days upon the receipt of such application.

4. Vietnam Maritime Administration shall issue the certificate of pilotage area as per Appendix 2 to this Circular in no more than 02 (two) working days upon the receipt of the full application as per regulations. Vietnam Maritime Administration shall reject unqualified applicants in writing with clear justifications.

5. The certificate of pilotage area shall be issued in 01 original to the maritime pilot or shipmaster.

Article 17. Requirements for certification of pilotage area for maritime pilots changing to another area

1. A maritime pilot, before changing to another pilotage area, has to practice the pilotage of vessel(s) safely in such area in at least 06 months for the following minimum amount of times (as assessed by the apprenticing maritime pilotage organization and confirmed by the local maritime administration):

a) 100 times in the pilotage areas below: Quang Ninh (except the navigational route into Van Gia transshipment area); Hai Phong - Thai Binh - Nam Dinh (except the navigational routes into seaports in Thai Binh and Nam Dinh); Ho Chi Minh city - Dong Nai - Binh Duong - Long An and Ba Ria - Vung Tau - Tien river (except the navigational route for vessels transiting Tien river);

b) 30 times in other pilotage areas.

2. A maritime pilot at an offshore oil rig, before changing to another area, has to practice piloting vessel(s) safely for 18 times in at least 03 months

3. A maritime pilot certified to 02 or more pilotage areas, if returning to a former area after 12 months, has to practice piloting vessel(s) safely for the following amount of times:

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b) 30 times in regard to other maritime pilotage classifications.

Article 18. Application for certification of pilotage area for maritime pilots changing the area

1. An application for certification of pilotage area for a maritime pilot changing to another area includes:

a) The written request by the maritime pilotage organization as per Appendix 3 to this Circular;

b) The declaration form as per Appendix 4 to this Circular;

c) The copy of the certificate of professional maritime pilotage;

d) Two 3x4cm color photos taken in the last 06 months;

2. The applicant shall submit 01 (one) application to Vietnam Maritime Administration in person, by post or by another proper method.

3. Vietnam Maritime Administration shall receive the application, check the documents and quantity as per regulations, input information and give the expected time of response as per regulations. If the application submitted in person does not suffice as per regulations, it shall be returned and the applicant shall be guided to complete it as per regulations. If the application delivered by post does not suffice as per regulations, Vietnam Maritime Administration shall send a written notification in at most 02 (two) working days upon the receipt of such application.

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5. The certificate of pilotage area shall be issued in 01 original to the maritime pilot changing to another area.

Article 19. Requirements for re-certification of pilotage area

The certificate of pilotage area shall be re-issued when damaged, lost, flawed or expired. The following requirements apply to the re-issuance of an expired certificate of pilotage area:

1. Be healthily fit as regulated;

2. The maritime pilot has held such title pursuant to his certificate of professional maritime pilotage for at least 24 months within 05 years. If failing to attain the duration of 24 months, he has to serve apprenticeship in at least 03 months.

3. The piloting shipmaster has navigated vessel(s) safely for at least 12 times (with a confirmation by a local maritime administration) during his utilization of the certificate of professional maritime pilotage.

Article 20. Application for re-certification of pilotage area

1. An application for re-issuance of a certificate of pilotage area includes:

a) The application form for re-issuance of the pilotage area certificate, specifying reason(s) confirmed by the head of the maritime pilotage organization or shipmaster management organization, as per Appendix 6 to this Circular;

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c) Two 3x4cm color photos taken in the last 06 months;

d) The health certificate as regulated by the Ministry of Health;

2. The applicant shall submit 01 (one) application to Vietnam Maritime Administration in person, by post or by another proper method.

3. Vietnam Maritime Administration shall receive the application, check the documents and quantity as per regulations, input information and give the expected time of response as per regulations. If the application submitted in person does not suffice as per regulations, it shall be returned and the applicant shall be guided to complete it as per regulations. If the application delivered by post does not suffice as per regulations, Vietnam Maritime Administration shall send a written notification in at most 02 (two) working days upon the receipt of such application.

4. Vietnam Maritime Administration shall re-issue the certificate of pilotage area in no more than 05 (five) working days upon the receipt of the full application as per regulations. Vietnam Maritime Administration shall reject unqualified applicants in writing with clear justifications.

5. One original certificate of pilotage area commensurate with that damaged or lost shall be re-issued to the maritime pilot or shipmaster.

Article 21. Deferment of classification promotion and certificate revocation

1. If a maritime pilot commits error(s) that lead to minor, major or severe maritime accident(s) during the term of his title, the classification promotion shall be deferred for 03 months, 06 months or 12 months, respectively.

2. Certificates issued pursuant to this Circular shall be revoked in one of the following circumstances:

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b) The certificate is sold, leased or lent;

c) The application for certification, renewal or re-certification contains false information or bogus document(s);

d) The shipmaster's pilotage leads to maritime accident(s);

dd) Other events as per the laws.

Article 22. Certification fees

Certification fees shall be specified by the Ministry of Finance and paid to the issuer of certificates before the receipt of such certificates.

Article 23. Responsibilities of Vietnam Maritime Administration

Form the Maritime Pilotage Examination Council, accredit graduates; issue, re-issue and revoke certificates of professional maritime pilotage and pilotage area according to this Circular.

Article 24. Responsibilities of maritime pilotage organizations

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2. Deploy maritime pilots in line with certificates of professional maritime pilotage and pilotage area.

3. Suspend professional activities of maritime pilots causing maritime accidents during ship pilotage and impose disciplinary actions as per the laws.

4. Enhance and update maritime pilots’ expertise, English, knowledge in maritime safety, maritime security and environmental pollution prevention on regular basis.

5. Propose to competent authorities the timely accolades for teams and individuals with excellent achievements in ship pilotage.

6. Supervise and confirm the pilotage apprenticeship of maritime pilots or piloting shipmasters.

Article 25. Responsibilities of local maritime administrations

1. Supervise maritime pilots' navigation of inbound and outbound maritime vessels and other activities in sea ports in order to maintain maritime security and safety while protecting the environment.

2. Confirm the amount of times of safe pilotage for maritime pilots and piloting shipmasters.

3. Director of a local maritime administration shall not allow shipmasters to pilot vessels in bad weather or upon the probability of risks against maritime safety, maritime security and environmental pollution prevention.

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IMPLEMENTATION

Article 26. Effect

1. This Circular takes effect as of July 01, 2017.

2. The following circulars are abrogated:

a) Circular No. 36/2013/TT-BGTVT dated October 23, 2013 by the Minister of Transport on the training, certification and negation of professional marine pilotage and the certification of pilotage area.

b) Circular No. 16/2015/TT-BGTVT dated May 08, 2015 by the Minister of Transport on amendments to the Circular No. 36/2013/TT-BGTVT dated October 23, 2013 by the Minister of Transport.

3. The certificates of professional maritime pilotage and pilotage area issued according to the Circular No. 36/2013/TT-BGTVT dated October 23, 2013 by the Minister of Transport on the training, certification and negation of professional marine pilotage and the certification of pilotage area and the Circular No. 16/2015/TT-BGTVT dated May 08, 2015 on amendments thereof shall remain valid until expiration.  

Article 27. Implementation

1. Vietnam Maritime Administration shall be responsible for leading and cooperating with relevant authorities in implementing this Circular.

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MINISTER




Truong Quang Nghia