What requirements must a company providing maritime pilotage meet to be allowed to operate maritime pilotage services?

Conditions on organization and capital of enterprises providing maritime pilotage services

According to Article 17 of Decree 70/2016/ND-CP stipulating conditions on organization and capital of enterprises as follows: after:

Enterprises providing maritime pilotage services are enterprises established according to the provisions of law, with the State holding at least 75% of charter capital.

Conditions on human resources and facilities of enterprises providing maritime pilotage services

According to Article 18 of Decree 70/2016/ND-CP (amended by Clause 12, Article 2 of Decree 147/2018/ND-CP), enterprises providing maritime pilotage services must meet the conditions on human resources and facilities as follows:

(1) The person assigned to be in charge of providing maritime pilotage services must be an exceptional pilot.

(2) There is a sufficient minimum number of pilots who have been granted a certificate of operation area suitable for the assigned route. Determining the minimum number of pilots of all classes and the minimum number of vehicles to transport and pick up pilots is carried out as follows:

– The minimum number of pilots of all classes is calculated based on the shipping route, number of ships and tonnage of ships operating on the route in the previous 3 years (for newly opened shipping routes, the minimum number of pilots of each class is calculated based on the number of ships and tonnage of ships forecast to operate on that route in the first 3 years); The maximum number of annual working days for employees according to the provisions of law, the minimum number of pilots on each route must ensure to fully meet the needs of providing ship piloting services and at least 10% reserve of the total number of pilots.

– The minimum number of vehicles to transport and pick up pilots is determined based on the number of ships guided annually by the pilot company and maritime conditions in the piloting area.

– Vietnam Maritime Administration announces the minimum number of pilots of all classes and the minimum number of vehicles to transport and pick up pilots for each shipping route; assign mandatory pilotage areas and ship navigation routes to enterprises providing pilotage services according to the principle that one navigation route is only undertaken by one enterprise providing maritime pilotage services.

What are the procedures for assigning ship navigation routes to maritime pilot companies?

In Article 19, Decree 70/2016/ND-CP stipulates the procedures for ship routing as follows:(1) Documents requesting ship routing include:

– Written request according to Form No. 01 specified in the Appendix issued with this Decree;

– List of pilots, accompanied by a copy of the Certificate of maritime piloting expertise and a copy of the Certificate of maritime piloting area of ​​each pilot;

– Declaration of means of transport and pick-up of pilots, accompanied by a copy of the registration certificate of that vehicle.

(2) Sequence of train crossings:

– The pilot company sends the documents specified in Clause 1 of this Article directly or through the postal system or by other appropriate forms according to regulations to the Vietnam Maritime Administration;

– In case the application is submitted directly, if the application is complete, a receipt will be issued and the results will be returned within the prescribed time limit; In case the dossier is not complete as prescribed, return it immediately and instruct the pilot company to complete the dossier again;

– In case of receipt through the postal system or by other appropriate forms, if the dossier is not complete as prescribed, within 02 working days from the date of receiving the dossier, the Vietnam Maritime Administration shall send a document to the pilot company clearly stating the reason and request to supplement and complete the dossier;

– Within 05 working days from the date of receiving complete documents as prescribed, Vietnam Maritime Administration will review and appraise the documents and seek approval from the Ministry of Transport. Within 03 working days from the date of receiving the written request for comments from the Vietnam Maritime Administration, the Ministry of Transport will issue a written response; In case of disapproval, the pilot company must respond in writing and clearly state the reason so that the Vietnam Maritime Administration can respond in writing to the pilot company;

– Within 03 working days from the date of receiving approval from the Ministry of Transport, the Vietnam Maritime Administration decides to assign the ship’s navigation route to the pilot company.