Decision No. 47/2005/QD-BGTVT dated September 23, 2005 of the Ministry of Transport providing conditions for Vietnamese crewmen working onboard foreign seagoing ships and foreign crewmen working onboard Vietnamese seagoing ships

DECISION

PROVIDING CONDITIONS FOR VIETNAMESE CREWMEN WORKING ONBOARD FOREIGN SEAGOING SHIPS AND FOREIGN CREWMEN WORKING ONBOARD VIETNAMESE SEAGOING SHIPS

THE MINISTER OF TRANSPORT

Pursuant to the Vietnam Maritime Code of June 14, 2005;

Pursuant to the Government Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the director of Vietnam Maritime Administration and the director of the Department for Organization and Personnel,

DECIDES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides the conditions for Vietnamese crewmen working onboard foreign seagoing ships and foreign crewmen working onboard Vietnamese seagoing ships.

Article 2. Subjects of application

This Decision applies to Vietnamese crewmen working onboard foreign seagoing ships, foreign crewmen working onboard Vietnamese seagoing ships, as well as other relevant agencies, organizations and individuals.

Article 3. Application of law

Vietnamese crewmen working onboard foreign seagoing ships and foreign crewmen working onboard Vietnamese seagoing ships must abide by the provisions of this Decision, other relevant provisions of Vietnamese law, and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Foreign seagoing ships are ships having registered to fly foreign flags.

2. A contract on the hire of Vietnamese crewmen is a contract entered into in writing by an organization exporting Vietnamese crewmen (hereinafter referred to as hirer-out of Vietnamese crewmen) and foreign organization or individual (hereinafter referred to as hire of Vietnamese crewmen).

3. Vietnamese crewmen are Vietnamese citizens who fully meet the conditions for working onboard foreign seagoing ships according to the provisions of this Decision.

4. Foreign crewmen are foreign citizens who fully meet the conditions for working onboard Vietnamese seagoing ships according to the provisions of this Decision.

Article 5. Handling of violations, settlement of complaints and denunciations, initiation of lawsuits

1. All acts of violating the provisions of this Decision shall, depending on their seriousness, be handled according to the provisions of law.

2. Complaints, denunciations, lawsuits, and problems related to Vietnamese crewmen working onboard foreign seagoing ships or foreign crewmen working onboard Vietnamese seagoing ships shall be settled according to the provisions of law.

Chapter II

VIETNAMESE CREWMEN WORKING ONBOARD FOREIGN SEAGOING SHIPS

Article 6. Conditions for Vietnamese crewmen working onboard a foreign seagoing ships

1. Being physically fit, having professional competence and certificates, and being of working age under the provisions of Vietnamese law.

2. Having crewmans passports.

3. Having labor contracts as specified in Article 7 of this Decision.

4. Other conditions as provided for by law on Vietnamese laborers working in foreign countries.

Article 7. Contracts on the hire of Vietnamese crewmen.

1. Vietnamese crewmen may work onboard foreign seagoing ships under labor contracts signed with their hirers-out or under individual labor contracts signed with their hirers.

2. The registration of labor contracts on sending crewmen to work onboard foreign seagoing ships or individual labor contracts shall comply with the provisions of law on Vietnamese laborers working in foreign countries.

3. Contracts on the hire of Vietnamese crewmen and labor contracts shall each consists of the following principals contents:

a. Names and addresses of the hirer and hire-out;

b. Name and address of the crewmen;

c. Working conditions on the seagoing ship;

d. Duration of hiring the crewman;

dd. Wage, bonuses, mean allowances and other expenses for the crewman;

e. Insurance regime and level applicable to the crewman;

g. Obligations and powers of the hirer-out and hirer of the Vietnamese crewman and of the crewman;

h. Tasks according to the job title of the crewman onboard the ship.

Article 8. Responsibilities of hirers-out of Vietnamese crewmen

1. To explore, negotiate and agree with hirers of Vietnamese crewmen on the hire of Vietnamese crewmen to work onboard foreign seagoing ships in compliance with the provisions of Vietnamese law, treaties to which Vietnam is a contracting party, as well as international maritime rules and practice.

2. To provide Vietnamese crewmen with guidance on the provisions of Vietnamese law, international law and laws of the countries where such crewmen sign labor contracts, which are related to their interests and obligations, and to send Vietnamese crewmen to work onboard foreign seagoing ships only when such crewmen fully meet the conditions set in Article 6 of this Decision.

3. To guarantee the interests of Vietnamese crewmen when sending them to work onboard foreign seagoing ships according to the provisions of law.

4. To ensure the implementation of the provisions of the signed labor contracts and contracts on the hire of crewmen.

5. To keep regular contacts with crewmen, provide them with timely instructions on measures to settled arising problems after sending them to work onboard foreign seagoing ships until their labor contracts terminate.

6. To settle arising disputes with the hirers of Vietnamese crewmen in the course of performance of the labor contracts signed with Vietnamese crewmen or contracts on the hire of crewmen.

7. To keep relationships with international crewmen-related organizations or associations in order to protect interests of Vietnamese crewmen working onboard foreign seagoing ships.

8. On January 15 and July 15 every year , to report to Vietnam Maritime Administration on the hire of Vietnamese crewmen to work on board foreign seagoing ships.

Any arising problems related to the employment of Vietnamese crewmen working onboard foreign seagoing ships must be promptly reported to Vietnam Maritime Administration and competent Vietnamese agencies.

Article 9. Responsibilities of Vietnamese crewmen.

Vietnamese crewmen working onboard foreign seagoing ships shall have the responsibilities:

1. To fulfill their obligations stated in the signed labor contracts;

2. To perform with due diligence the assigned tasks according to their job titles onboard their ships;

3. To fully abide by the provisions of international law and laws of the countries where such crewmen serve and where their ships call at;

4. To keep contacts with their hirers-out and follow the latters instructions in settling problems arising in the period they work onboard foreign seagoing ships.

Chapter III

FOREIGN CREWMEN WORKING ONBOARD VIETNAMESE SEAGOING SHIPS

Article 10. Conditions for foreign crewmen working onboard Vietnamese seagoing ships

1. Being physical fit, having professional competence suitable to their job titles onboard seagoing ships, and being working age provided for by Vietnamese law.

2. Having adequate professional certificates granted by competent foreign agencies. Such certificates must clearly be written as having been granted under the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Fishing Crewmen, which was revised in 1995, and must also be certified in writing by Vietnam Maritime Administration.

Where professional certificates of foreign crewmen are granted by competent Vietnamese agencies under the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Fishing Crewmen, which was revised in 1995, such certification is not required.

3. Having crewmans passports or crewmans books, or passports granted by competent agencies of the countries where such crewmen are nationals.

4. Having crewmans books granted by competent Vietnamese agencies.

5. Having contracts on the hire of crewmen.

Article 11. Responsibilities of hirers of foreign crewmen

1. To guide foreign crewmen working onboard Vietnamese seagoing ships in strictly abiding by the relevant provisions of Vietnamese law.

2. To apply for certification of professional certificates and registration of foreign crewmen working onboard Vietnamese seagoing ships according the provisions of law.

3. On January 15 and July 15 every year, to report to Vietnam Maritime Administration on the employment of foreign crewmen working onboard Vietnamese seagoing ships.

Any arising problems related to the employment of foreign crewmen working onboard Vietnamese seagoing ships must be promptly reported to Vietnam Maritime Administration and competent Vietnamese agencies.

Article 12. Responsibilities of foreign crewmen

1. To fulfill the obligations as agreed upon in their hire contracts

2. To perform with due diligence the assigned task strictly according to their job titles onboard their ships.

3. To strictly abide by relevant provisions of Vietnamese law, treaties to which Vietnam is a contracting party, and laws of the countries where their ships call at.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Implementation effect

This Decision takes effect as from January 1,2006, and replaces the Transport Ministers Decision No. 4131/2001/QD-BGTVT of December 5, 2001, regarding Vietnamese crewmen working onboard foreign seagoing ships and foreign crewmen working onboard Vietnamese seagoing ships.

Article 14. Organization of implementation

The director of the Office, directors of departments, the director of Vietnam Maritime Administration, as well as concerned agencies, organizations and individuals shall have to implement this Decision.