Circular No. 05/2012/TT-BGTVT on working hours and rest periods for seafarers working on Vietnamese ships

CIRCULAR

REGULATING WORKING HOURS AND REST PERIODS FOR SEAFARERS ON VIETNAMESE SHIPS
for seafarers working on Vietnamese ships

______________________

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

Pursuant to the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated November 29, 2006; and the Law Amending Article 73 of the Labor Code dated April 2, 2007;

Pursuant to Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on working hours and rest periods;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 2010, to which Vietnam is a member;

THE MINISTER OF TRANSPORTATION ISSUES THIS CIRCULAR REGULATING WORKING HOURS AND REST PERIODS FOR SEAFARERS ON VIETNAMESE SHIPS,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Circular regulates working hours and rest periods, applicable to seafarers working on Vietnamese ships.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. "Working hours" means the period during which seafarers must perform their duties on board the ship.

2. "Rest period" means the time outside of working hours on board the ship; this term does not include break times.

Chapter II

WORKING HOURS AND REST PERIODS FOR SEAFARERS ON VIETNAMESE SHIPS

Article 3. Working Hours

1. Seafarers working on Vietnamese ships work in shifts and maintain continuous operation for 24 hours a day, including weekly holidays and public holidays.

2. Maximum working hours:

a) 14 hours of work within 24 consecutive hours;

b) 72 hours of work within 7 consecutive days.

3. In cases of emergency related to the security and safety of the ship, persons on board, cargo, assisting other ships, or rescuing people in distress at sea, the captain may require seafarers to work any necessary hours. Immediately after completing the emergency task and when the situation returns to normal, the captain must ensure that all seafarers who have completed such tasks are granted sufficient rest periods as stipulated in Clause 1, Article 4 of this Circular.

4. The working hours of seafarers on board the ship must be recorded in a logbook according to Appendix I of this Circular. The logbook recording the working hours of seafarers on board the ship must be prepared in two languages, Vietnamese and English, and posted in a visible location. Seafarers must be provided with a copy of the logbook recording their working hours, signed by the captain or authorized controller and by the seafarer.

Article 4. Rest Periods

1. Minimum rest periods:

a) 10 hours of rest within 24 consecutive hours;

b) 77 hours of rest within 7 consecutive days.

2. The rest period within 24 consecutive hours may be divided into a maximum of two segments, with at least one segment lasting at least six hours, and the interval between two consecutive rest periods shall not exceed 14 hours.

3. In cases of emergency or other important activities such as fire drills, life-saving exercises, or other prescribed exercises, the captain may arrange rest periods not in accordance with Clause 1 of this Article but such arrangements must minimize the impact on rest periods, avoid fatigue for seafarers, and arrange compensatory rest to ensure that the total rest period over seven days is not less than 70 hours:

a) The exception to the rest period stipulated in Point b, Clause 1 of this Article shall not be applied consecutively for two weeks. The interval between two application periods shall not be less than twice the duration of the previous application period;

b) The rest period stipulated in Point a, Clause 1 of this Article may be divided into a maximum of three segments, with at least one segment lasting at least six hours and another segment lasting at least one hour. The interval between two consecutive rest periods shall not exceed 14 hours. The application of exceptions shall not exceed two 24-hour periods within seven days.

4. The rest periods of seafarers on board the ship must be recorded in a logbook according to Appendix II of this Circular. The logbook recording the rest periods of seafarers on board the ship must be prepared in two languages, Vietnamese and English, and posted in a visible location. Seafarers must be provided with a copy of the logbook recording their rest periods, signed by the captain or authorized controller and by the seafarer.

Chapter III

IMPLEMENTATION

Article 5. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. Repeal Circular No. 20/2001/TT-GTVT dated November 12, 2001 of the Minister of Transportation guiding the implementation of working hours and rest periods for seafarers working on coastal transport ships and any previous regulations inconsistent with this Circular.

3. Attach to this Circular the following two appendices:

a) Appendix I: Logbook of Working Hours on Board Ship;

b) Appendix II: Logbook of Rest Periods on Board Ship.

Article 6. Implementation Organization

1. The Vietnam Maritime Administration is responsible for organizing the implementation of this Circular in coordination with relevant agencies.

2. The Director of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Vietnam Maritime Administration, heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.

ANNEX I

(Attached to Circular No. 05/2012/TT-BGTVT dated March 6, 2012 of the Minister of Transportation)

LOGBOOK OF WORKING HOURS ON BOARD SHIP
 Vietnam

Ship name: ...IMO Number:...Port of Registry: ...Date:...
Name of ship IMO Number Port of Registry Date

The minimum rest period for seafarers is applied in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and its amendments in 2010 (STCW Convention).
The minimum rest period is applicable in accordance with the International Convention and Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended 2010 (STCW Convention)

Minimum rest period: The minimum rest period shall not be less than 10 hours within a 24-hour period; and 77 hours within a 7-day period.
Thời gian Nghỉ Ngơi.Minimum thời gian Nghỉ Ngơi không được ít hơn: 10 giờ trong bất kỳ khoảng thời gian 24 giờ nào; và 77 giờ trong bất kỳ khoảng thời gian 7 ngày nào.

Note:
In Port

ANNEX II

(Attached to Circular No. 05/2012/TT-BGTVT dated March 6, 2012 of the Minister of Transportation)

BẢNG GHI THỜI GIỜ NGHỈ NGƠI TRÊN TÀU
(RECORDS OF HOURS OF REST)

Tên tàu: …Số IMO:…Cờ quốc tịch:…
Name of Ship IMO Number Flag of Ship

Thuyền viên (họ và tên):…
Seafarer (full name):

Tháng, năm: …
Month and year

Đánh dấu “X” vào khoảng thời gian nghỉ ngơi, hoặc dùng đường kẻ liên tục
Please mark periods of rest with an “X”, or using a continuous line

Tôi cam đoan rằng bảng ghi thời giờ nghỉ ngơi của thuyền viên trên là chính xác.
I agree that this record is an accurate reflection of the hours of rest of the seafarer concerned.

Tên/chữ ký của thuyền trưởng hoặc người được ủy quyền:…
Name/Signature of Master of Authorized Person

Bản sao của bảng ghi chép này phải được gửi tới thuyền viên (A copy of this record is to be given to the seafarer).