Circular 43/2019/TT-BGTVT amending Circular on conditions for foreign seafarers

CIRCULAR

On amending and supplementing a number of Articles of the Minister of Transport’s Circular No. 17/2017/TT-BGTVT dated May 31, 2017 on prescribing conditions for foreign seafarers to work on board Vietnamese seagoing ships

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

Pursuant to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and its amendments;

Pursuant to the 2006 Maritime Labor Convention of the International Labor Organization;

Pursuant to the Government’s Decree No. 11/2016/ND-CP dated February 03, 2016 on detailing a number of articles of the Labor Code regarding foreign workers in Vietnam;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 20, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Organization and Personnel and the Director of Vietnam Maritime Administration;

The Minister of Transport hereby promulgates the Circular on amending and supplementing a number of Articles of the Minister of Transport’s Circular No. 17/2017/TT-BGTVT dated May 31, 2017 on prescribing conditions for foreign seafarers to work on board Vietnamese seagoing ships.

Article 1. To amend and supplement a number of Articles of the Minister of Transport’s Circular No. 17/2017/TT-BGTVT dated May 31, 2017 on prescribing conditions for foreign seafarers to work on board Vietnamese seagoing ships

1. To amend and supplement Clause 4, Article 3 as follow:

“4. Written recognition of an expertise certificatemeans a document issued by the Vietnam Maritime Administration or maritime sub-department or port authority (authorized by the Vietnam Maritime Administration) to a foreign seafarer who has been granted an expertise certificate by the competent agencies of a country or territory with which Vietnam has agreed on the recognition of granted expertise certificates, to work on board Vietnamese seagoing ships.”

2. To add Clause 5, Article 3 as follows:

“5.Time spent on seafaringis the time a seafarer works, apprentices and holds a position or an apprentice on board seagoing ships.”

3. To amend and supplement Points a, b, c and d of Clause 1, Article 4 as follows:

“a) Being physically fit and of the eligible working age in accordance with Vietnamese labor law;

b) Having a work permit or a written certification of not to be subject to a work permit issued by the Department of Employment of the Ministry of Labor, War Invalid and Social Affairs, and Departments of Labor, War Invalid and Social Affairs;

c) Having a seafarer labor contract as prescribed by Vietnamese law and in accordance with the 2006 Maritime Labor Convention of the International Labor Organization. The seafarer labor contract must comply with a work permit or a written certification of not to be subject to a work permit;

d) Having a valid passport of at least 06 months issued by a competent agency of the country of which the foreign seafarer holds the citizenship;”.

4. To amend and supplement Clause 2, Article 4 as follows:

“2. Conditions on expertise:

a) Having adequate professional certificates granted by competent Vietnamese agencies or competent agencies of countries or territories with which Vietnam has agreed on the recognition of granted expertise certificates. In case the expertise certificate is granted by competent Vietnamese agencies or competent agencies of countries or territories with which Vietnam has agreed on the recognition of granted expertise certificates in accordance with the Rules II/1, II/2, II/3, II/4, II/5, III/1, III/2, III/3, III/4, III/5, III/6, III/7, IV/2, V/1-1 and V/1-2 of the STCW Convention, a written recognition of an expertise certificate shall be required;

b) Experience: Had a minimum of 36 months sailing time.”

5. To add Clause 4, Article 5 as follows:

“4. To decide or assign the captain to decide on the common working language aboard the ship in Vietnamese or English, in case of using other languages, the ship owner shall decide specifically. The working language aboard the ship must be clearly stated in the maritime diary.”

6. To add Clause 3, Article 6 as follows:

“3. When working on board Vietnamese seagoing ships, in addition to papers, documents and expertise certificates as prescribed by Vietnamese law and relevant international conventions, it is required to prepare the seafarer labor contracts, work permits or written certification of not to be subject to a work permit (certified copies or originals) to serve the inspection of functional agencies when needed.”

Article 2. Effect

This Circular takes effect on August 01, 2020.

Article 3. Implementation organization

1. The Vietnam Maritime Administration shall assume the prime responsibility for, and coordinate with related agencies and organizations in organizing the implementation of this Circular.

2. The Chief of the Office and the Chief Inspector of the Ministry, Directors of Departments, the Director of Vietnam Maritime Administration, heads of agencies, and related organizations and individuals shall be responsible for the implementation of this Circular./.