Circular No. 38/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance guiding the payment of costs of repatriation of seafarers
Owners of Vietnamese-flagged ships must pay the costs of repatriation of seafarers
On April 28, 2017, the Ministry of Finance issued the Circular No. 38/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance guiding the payment of costs of repatriation of seafarers.
In particular, the costs to be borne by the ship-owner for repatriation include: the cost of passage to the repatriation destination as specified in the contract; the cost of accommodation and food from the moment the seafarer leaves the ship until he reaches the repatriation destination. The payment of accommodation and food cost shall be made according to actual invoices provided that the sum shall not exceed the levels prescribed in Decision No. 43/2012/QD-TTg dated October 12, 2012; the pay and travel allowance from the moment the seafarer leaves the ship until he reaches the repatriation destination. The above pay and travel allowance shall be paid under provisions in the signed contract; the cost of transportation of up to 30 kg of the seafarer’s personal luggage to the repatriation destination; the cost of medical treatment when necessary until the seafarer is medically fit to travel to the repatriation destination.
For financial security to assure payment of repatriation cost to seafarers, ship-owners are required to obtain the bank guarantee for the payment of repatriation cost to seafarers. In case a ship-owner is financially incapable or is unable to make full payment of the cost of repatriation to seafarers, the credit institution or the branch of foreign bank that gives guarantee to the ship-owner shall make payment of the cost of repatriation to seafarers. In such case, the ship-owner is considered as debtor and assumes responsibility to pay debt to such credit institution or the branch of foreign bank under regulations of the law on bank guarantee.
For further details of the Circular 38/2017/TT-BTC, Click here
translation of the Official Gazette of the Vietnam News Agency
THE MINISTRY OF FINANCE