Decision No. 1221/QD-TTg of July 25, 2013, approving the Plan on implementation of the 2006 Maritime Labor Convention

THE PRIME MINISTER

Decision No. 1221/QD-TTg of July 25, 2013, approving the Plan on implementation of the 2006 Maritime Labor Convention

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Law on the Conclusion of, Accession to, and Implementation of Treaties;

Pursuant to the 2006 Maritime Labor Convention;

Pursuant to the President’s Decision No. 547/2013/QD-CTN of March 22, 2013, on the accession to the 2006 Maritime Labor Convention;

At the proposal of the Minister of Transport,

DECIDES:

Article 1. To approve the Plan on implementation of the 2006 Maritime Labor Convention (below referred to as 2006 MLC) of the International Labor Organization (ILO) together with this Decision.

Article 2.

This Decision takes effect on the date of its signing.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and heads of related agencies and units shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG

Plan on implementation of the 2006 Maritime Labor Convention

(Promulgated together with the Prime Minister’s Decision No. 1221/QD-TTg of July 25, 2013)

I. PURPOSES AND REQUIREMENTS

1. Purposes

a/ To fully and comprehensively implement the provisions of the 2006 Maritime Labor Convention (2006 MLC) to which Vietnam is a contracting party, aiming to ensure crewmembers’ rights and legitimate interests and raise their capacity in service of effective operation of Vietnamese seagoing fleets.

b/ To develop the maritime human resource in accordance with the 2006 MLC in order to raise safety and quality of international ocean shipping.

2. Requirements

a/ The Plan shall be implemented comprehensively and in line with the Strategy for development of Vietnamese human resources during 2011-2020 (promulgated together with the Prime Minister’s Decision No. 579/QD-TTg of April 19, 2011), and contents and orientations of development of Vietnamese seagoing fleets by 2020 under the approved master plan on development of Vietnam’s ocean shipping up to 2020 and orientations towards 2030;

b/ The implementation of the 2006 MLC must synchronize and conform with provisions of the revised 1974 International Convention for the Safety of Life at Sea (SOLAS), the revised 1978 International Convention on Standards of Training Certification and Watchkeeping for Seafarers (STCW) and the 1973 International Convention for the Prevention of Pollution from Ships and the 1978 Protocol (MARPOL) to which Vietnam is a contracting party;

c/ Ministries, agencies and localities assigned to assume the prime responsibility for, or coordinate in, performing the tasks stated in the Plan shall proactively and positively elaborate programs and plans, and implement them according to the prescribed schedule, and with quality and effectiveness;

d/ To assure close relationship and synchronous coordination among ministries, agencies and localities, and promptly handle or report to competent authorities for handling difficulties and problems arising in the course of  the Plan implementation;

dd/ The propagation, popularization, and guidance on the implementation of, the 2006 MLC and the maritime labor law must be conducted regularly, continuously and promptly.

II. CONTENTS OF PLAN

1. Tasks:

a/ To improve domestic legal documents on maritime labor so as to fully and comprehensively implement the 2006 MLC’s provisions and standards, focusing on formulation of a decree on maritime labor. Implementation duration: From 2013 to 2015;

b/ To examine, evaluate and grant certificates for ships under the 2006 MLC, including Maritime Labor Certificate (MLC) and Declaration of Maritime Labor Compliance (DMLC). Implementation duration: In 2013;

c/ To formulate examination and supervision systems aiming to conduct state inspection of seaports applicable to seagoing ships flying foreign state flags which leave or enter Vietnam seaports. To adopt measures to ensure implementation of the 2006 MLC’s provisions, including examination and control in order to implement national responsibility for ships flying Vietnamese state flag, and responsibility of a country possessing seaports. Implementation duration: From 2013 to 2014;

d/ To invest in development of an information technology system to comply with the 2006 MLC, and ensure uninterrupted information connection between state management agencies and related organizations and individuals. Implementation duration: From 2013 to 2015;

dd/ To build a database on maritime labor under the ILO’s guidance. Implementation duration: From 2013 to 2015;

e/ To formulate a tripartite consultation mechanism to handle problems arising in the course of the 2006 MLC implementation. The Tripartite Council must include representatives of the Ministry of Transport and the Ministry of Labor, War Invalids and Social Affairs (representatives of the Government), the Vietnam Chamber of Commerce and Industry (representative of employers) and the Vietnam General Confederation of Labor (representative of employees). The Tripartite Council shall operate on a part-time and ad hoc basis. Implementation duration: In 2013;

g/ To establish the Steering Board to implement the 2006 MLC, which is composed of representatives of related ministries and sectors and headed by a leader of the Ministry of Transport. Implementation duration: In 2013;

h/ To propagate and popularize contents of the 2006 MLC to ocean shipping enterprises, establishments training or supplying crewmembers, shipbuilding yards and Vietnamese crewmembers and maritime laborers. Implementation duration: From 2013 to 2014;

i/ To invest in construction of public welfare infrastructure under the roadmap meeting cultural, entertainment and information needs of crewmembers at seaports under the 2006 MLC. Implementation duration: From 2013 to 2020;

k/ To periodically report the results of 2006 MLC implementation to the ILO. To strengthen cooperation with the ILO, the International Maritime Organization (IMO), the World Health Organization (WHO) and other international organizations in information exchange, technical assistance, training of civil servants and public employees in charge of management, officers and crewmembers, and transfer of technologies related to implementation of the 2006 MLC; to promote bilateral cooperation with the member states of the 2006 MLC in order to study their experiences and take advantage of their aid and technical assistance. Implementation duration: annually.

2. Implementation responsibilities and assignment

a/ The Ministry of Transport:

- To assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, performing the tasks specified in Section 1, except  the tasks assigned to other ministries or sectors;

- To act as the focal point in assuming the prime responsibility for implementing the tripartite consultation mechanism under the 2006 MLC;

- To guide, examine and supervise the application of the 2006 MLC’s provisions in Vietnam, and report problems falling beyond its authority to the Prime Minister.

b/ The Ministry of Labor, War Invalids and Social Affairs:

- To coordinate with the Ministry of Transport and related agencies in amending and supplementing legal documents on maritime labor as well as performing the tasks specified in Section 1;

- To coordinate with the Ministry of Transport and related agencies in implementing the tripartite consultation mechanism under the 2006 MLC;

- To coordinate with the Ministry of Transport and related agencies in guiding, examining and supervising the application of the 2006 MLC’s provisions;

- To assume the prime responsibility for formulating and promulgating  national regulations and guidance on labor safety management, health care and occupational accident allowance for persons working on board;

- To assume the prime responsibility for studying, formulating and submitting to competent authorities for amendment and supplementation the voluntary social insurance policy applicable to laborers in the informal sector (included maritime laborers);

- To coordinate with the Ministry of Transport in periodically reporting results of the 2006 MLC implementation to the ILO.

c/ The Ministry of Health:

- To assume the prime responsibility for, and coordinate with the Ministry of Transport and related agencies in, amending and supplementing legal documents on health standards and health care for crewmembers;

- To publish lists of medical examination establishments and doctors licensed to conduct medical examination for crewmembers and establishments providing services of health care consultation for crewmembers working on board in Vietnam and other countries.

d/ The Ministry of Foreign Affairs:

- To notify the ILO of Vietnam’s commitment to ensure implementation of three social welfare elements for maritime laborers in conformity with the 2006 MLC, including: (i) health care; (ii) occupational accident allowance; and (iii) pension allowance.

dd/ The Ministry of Finance:

- To assume the prime responsibility for, and coordinate with the Ministry of Transport and other related agencies in, balancing and allocating budget for performing the tasks and programs under this Plan in accordance with law;

- To assume the prime responsibility for providing charges and fees for grant of conformity certificate under the 2006 MLC;

e/ The Vietnam Chamber of Commerce and Industry: To appoint its representative to join the Tripartite Council and coordinate with concerned agencies in organizing implementation of the 2006 MLC’s provisions and relevant legal documents on ocean shipping enterprises.

g/ The Vietnam General Confederation of Labor: To appoint its representative to join the Tripartite Council and coordinate with concerned agencies in organizing and supervising implementation of the 2006 MLC’s provisions and relevant legal documents on maritime laborers.

h/ Establishments training or supplying crewmembers shall proactively formulate contents and plans on implementation of the 2006 MLC’s provisions.

i/ Ocean shipping enterprises shall proactively formulate contents and plans on implementation of the 2006 MLC’s provisions.

III. FUNDS

The state budget shall ensure funds for implementation of this Plan in accordance with the Law on the State Budget. Annually, ministries and central agencies shall proactively make their budget estimates and submit them to competent authorities for approval. In 2013, ministries, central agencies and localities shall take the initiative in earmarking funds from their state budget estimates assigned in 2013 for performing their tasks.

IV. ORGANIZATION OF IMPLEMENTATION

1. Within the ambit of their functions and tasks, concerned ministries, sectors and agencies shall proactively add the 2006 MLC implementation tasks to their work programs and plans.

2. The Ministry of Transport is assigned to act as the standing body for implementing the 2006 MLC and shall advise the Government and the Prime Minister on organizing, directing, urging and examining the implementation of this Plan nationwide.

3. Annually, the Ministry of Transport shall assume the prime responsibility for, and cooperate with the Ministry of Labor, Invalids and Social Affairs in, reporting the result of the 2006 MLC implementation to the Government.-