Thông tư 03/2024/TT-BGTVT sửa đổi Thông tư 27/2011/TT-BGTVT quy định về áp dụng sửa đổi, bổ sung năm 2002 của Công ước quốc tế về an toàn sinh mạng con người trên biển năm 1974 kèm theo Bộ luật quốc tế về an ninh tàu biển và cảng biển do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 27/2011/TT-BGTVT DATED APRIL 14, 2011 OF MINISTER OF TRANSPORT OF VIETNAM PRESCRIBING APPLICATION OF 2002 AMENDMENTS TO THE INTERNATIONAL CONVENTION ON THE SAFETY OF LIFE AT SEA IN 1974 ENCLOSED WITH THE INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the 2002 Amendments to the International Convention on the Safety of Life at Sea in 1974 enclosed with the International Ship and Port Facility Security Code;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport of Vietnam;

Pursuant to the Decision No. 191/2003/QD-TTg dated September 16, 2003 of the Prime Minister of Vietnam on approval of 2002 Amendments to some chapters of the International Convention on the Safety of Life at Sea in 1974;

At the request of the Director of the Transport Department and the Director of Vietnam Register;

The Minister of Transport of Vietnam promulgates a Circular providing amendments to Circular No. 27/2011/TT-BGTVT dated April 14, 2011 of Minister of Transport of Vietnam prescribing application of 2002 Amendments to the International Convention on the Safety of Life at Sea in 1974 enclosed with the International Ship and Port Facility Security Code.

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1. Clause 2 Article 3 is amended as follows:

“2. Responsibilities of Vietnam Register

Vietnam Register shall perform functions of a "Recognized security organization” that has the following responsibilities and powers:

a) Instruct ship companies to develop and obtain approval for their own ship security plans;

b) Carry out shipboard security audits and issue international ship security certificates.”

2. Clause 4 Article 3 is amended as follows:

“4. Responsibilities of training institutions

a) Provide training for port facility security officers, ship security officers, and company security officers in conformity with the standard training programs of the International Maritime Organization (IMO); issue professional training certificates for port facility security officers using the form in Appendix V and certificates of proficiency in professional training for ship security officers, and professional training certificates for company security officers using the form in Appendix XIV enclosed herewith;

b) Provide advanced training for improving knowledge for port facility security officers and company security officers;

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3. Point g is added following Point e Clause 5 Article 3 as follows:

 “g) At least once every 05 years, appoint their port facility security officers to attend advanced training courses for improving knowledge for port facility security officers provided by training institutions.”

4. Point c and Point d Clause 6 Article 3 are amended as follows:

a) Point c Clause 6 is amended as follows:

 “c) Facilitate the participation of officers who will be appointed to hold the position of ship security officer or company security officer in training courses, provided by qualified training institutions, for certificates of proficiency in professional training for ship security officer or professional training certificates for company security officers.

At least once every 05 years, assign company security officers to attend advanced training courses for updating knowledge for company security officers provided by training institutions;"

b) Point d Clause 6 is amended as follows:

 “d) Ensure that ships will fully and promptly meet the following requirements, including: ship security audit; formulation of ship security plan for assessment, approval and issuance of international ship security certificate; ensure that these ships will be issued with “Continuous synopsis record” and "Declaration of security” for use where necessary;”

5. Point b clause 1 Article 4 is amended as follows:

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6. Point a Clause 2 Article 4 is amended as follows:

 “a) The ship company shall submit an application by post or by hand to Vietnam Register;”

7. Point b clause 1 Article 5 is amended as follows:

 “b) Vietnam Register shall receive and examine the application; if the application is inadequate, within 02 working days from its receipt of the application, instruct the ship company to modify the application;”

8. Point a Clause 3 Article 5 is amended as follows:

 a) The application includes:

01 application form for approval of the ship security plan which is made using the form in Appendix X and 01 original copy of the ship security plan;”

Article 2. Replacement and abrogation of certain provisions of Circular No. 27/2011/TT-BGTVT

1. Appendix V, Appendix VI, Appendix VII, Appendix X and Appendix XIV enclosed with the Circular No. 27/2011/TT-BGTVT are replaced with Appendixes I, II, III, IV and V enclosed herewith.

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Article 3. Effect and implementation

1. This Circular comes into force from April 15, 2024.

2. Transition: certificates of proficiency in professional training for ship security officers and professional training certificates for company security officers which have been issued before the effective date of this Circular shall remain valid until the expiry dates specified thereon.

3. Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry of Transport, Director General of Vietnam Maritime Administration, Director of Vietnam Register, heads of relevant agencies/units affiliated to the Ministry of Transport, and relevant organizations and individuals shall implement this Circular./.

PP. MINISTERDEPUTY MINISTER Nguyen Xuan Sang