Decree No. 121/2014/ND-CP detailing certain provisions of the 2006 Maritime Labor Convention regarding the working conditions of seafarers on board ships.

DECREE

Article 24promulgatingi tipoliciesregulations on

labor conditions lfor seafarers working on ships

__________________________

Based on the Law on Government Organization dated June 25, 12001;

Camendpursuant to the lMaritime Law of Vietnam dated June 14, 2005;

Pursuant to the Law on Navigation of Vietnam dated June 14, 2005; lLabor Code on June 18, 2012;

Pursuant to the Law on Ratification, Accession and Implementation of International Treaties dated June 14, 2005;

Pursuant to thengMaritime Labor Convention 2006 of then lInternational Labour Organization;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The Minister of Transport hereby decrees

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on to regulate certain provisions of the Maritime Labor Convention 2006 regarding labor conditions for seafarers working on ships.

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, issues a Decree to provide detailed provisions oni tipoliciesThis Decree provides detailed regulations on certain provisions of the Maritime Labor Convention 2006 concerning labor conditions, rights, obligations, and responsibilities of seafarers, shipowners, organizations, and individuals related to the inspection and supervision activities of Vietnamese ships and foreign ships operating at Vietnamese ports. lOther labor conditions, rights, obligations, and responsibilities of seafarers, shipowners, and organizations and individuals not specified in this Decree shall be implemented in accordance with relevant laws.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree regulates detailed provisions of the Maritime Labor Convention 2006 concerning labor conditions, rights, obligations, and responsibilities of seafarers, shipowners, and organizations and individuals related to the inspection and supervision activities of Vietnamese ships and foreign ships operating at Vietnamese ports.

2. Other labor conditions, rights, obligations, and responsibilities of seafarers, shipowners, and organizations and individuals not regulated in this Decree shall be implemented in accordance with relevant laws.

Article 2. Applicability

1. This Decree applies to:

Vietnamese organizations and individuals; foreign organizations and individuals related to seafaring workplace accidents.

2. This Circular does not apply to ship owners and seafarers working on the following types of vessels:

a) Military vessels, public service vessels, fishing vessels;

2. This Decree does not apply to shipowners and seafarers working on the following types of ships:

1. Vietnamese seafarers are Vietnamese citizens recruited or hired to work on ships that meet the conditions, standards, and job titles stipulated by law.

2. The time spent on board is counted from the day the seafarer starts their duty until the day they return home.

Article 3. Explanation of Terms

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

1. Vietnamese ships are ships registered in the National Ship Register of Vietnam or temporarily flying the flag of Vietnam from when they are granted temporary permission by diplomatic or consular authorities of Vietnam abroad.

2. Foreign ships are ships flying the flag of a foreign country.

3. Shipowner means the owner of the ship or another organization or individual who agrees to assume responsibility for the operation of the ship instead of the owner and assumes the obligations and responsibilities of the shipowner, regardless of whether other organizations or individuals perform some of the obligations or responsibilities on behalf of the shipowner.

4. Seafarer means a person recruited or hired to work on a ship who meets the required conditions, standards, and holds a position as prescribed by law.

5. Time at sea is the period from the day the seafarer starts their duty until the day they return home.

6. Maritime occupational accident is an accident occurring during time at sea causing injury to any part or function of the body or death of a seafarer while performing work or duties or other tasks assigned by the shipowner or someone authorized by the shipowner.

7. International route is the voyage route of Vietnamese ships between Vietnamese ports and foreign ports or between foreign ports.

8. STCW Convention is the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

Chapter II

LABOR CONDITIONS FOR SEAFARERS WORKING ON VIETNAMESE SHIPS

Article 4. Seafarer Employment Contract

1. Before working on a ship, the shipowner and the seafarer must sign a seafarer employment contract. In cases where the shipowner does not directly sign the seafarer employment contract, they must authorize in writing a representative to execute it. The signing, authorization, and execution of the seafarer employment contract shall comply with the provisions of the Labor Code, this Decree, and related documents.

2. In addition to the basic contents stipulated in the Labor Code, the seafarer employment contract must also include the following contents:

a) Repatriation of the seafarer;

b) Accident insurance;

c) Annual leave payment;

d) Conditions for terminating the seafarer employment contract.

3. The seafarer employment contract, appendices, and related documents must be drafted in both Vietnamese and English, having equal legal force.

Article 5. Wages, Allowances, and Other Income

1. The shipowner shall be responsible for directly paying monthly wages and allowances to seafarers or to persons authorized by seafarers.

2. Seafarers' wages, allowances, and other income may be paid in cash or deposited into the personal account of the seafarer or the person authorized by the seafarer. In cases where payment is made through a bank account, the shipowner must agree with the seafarer on the types of costs related to opening, transferring money, and maintaining the account according to regulations.

3. The shipowner shall be responsible for preparing and providing seafarers with a monthly income statement including wages, allowances, and other income.

Article 6. Working Hours and Rest Time

1. Working hours are arranged in shifts and maintained continuously for 24 hours a day, including weekly rest days, holidays, and festivals.

2. Rest time is defined as follows:

a) The minimum rest time is 10 hours within any 24-hour period and 77 hours within any seven-day period;

b) The number of rest hours within a 24-hour period can be divided into a maximum of two stages, one of which must last at least six hours, and the interval between two consecutive rest periods must not exceed 14 hours;

c) A 24-hour period is calculated from the start or end point of a rest period.

3. In case of emergencies concerning the security and safety of the vessel and persons and cargo on board, assisting another vessel, or rescuing persons in distress at sea, the captain has the right to request seafarers to work at any time. After completing the emergency task, the captain shall arrange sufficient rest time for seafarers according to Point a Clause 2 of this Article.

4. Working hours and rest time shall be established in a Work Schedule on the vessel in both Vietnamese and English based on the model provided in Appendix I of this Decree and posted in a visible location on the vessel.

5. In cases of concentrated firefighting, life-saving training, or other training as prescribed, the captain may arrange different rest times from those specified in Point a Clause 2 of this Article but must minimize the impact on rest time, avoid causing fatigue to seafarers, and such arrangements must be stipulated in collective labor agreements or seafarer employment contracts according to the following principles:

a) The minimum rest time is 10 hours within a 24-hour period and 70 hours within a seven-day period. The application of exceptional circumstances cannot be implemented for more than two consecutive weeks. The interval between two periods of applying exceptions must not be less than twice the duration of the previous applied exception period;

b) The minimum rest time specified in Point a Clause 2 of this Article may be divided into a maximum of three stages, one of which must not be less than six hours, and the remaining two stages must not be less than one hour;

c) The interval between two consecutive rest periods must not exceed 14 hours;

d) The application of exceptional circumstances must not exceed two 24-hour periods within a seven-day period.

6. The captain or a person authorized by the captain shall be responsible for preparing a Record of Rest Time according to the model provided in Appendix II of this Decree and providing it to seafarers.

Article 7. Annual leave, holidays, and Tet

1. Seafarers working on ships shall be entitled to annual leave, holidays, Tet, and full pay during such periods.

2. The minimum number of annual leave days shall be calculated at 2.5 days for each month of work. Days off for holidays, Tet, personal leave, and unpaid leave as prescribed by law shall not be counted towards the annual leave days.

3. It is prohibited to enter into any agreement that would prevent seafarers from taking their annual leave.

Article 8. Repatriation

1. Ship owners shall be responsible for arranging repatriation and paying related expenses in the following cases:

a) Upon expiration of the seafarer's labor contract;

b) If the seafarer is ill or suffers a maritime occupational accident requiring repatriation;

c) In case of ship sinking or foundering;

d) When selling the ship or changing its registration;

đ) When the ship operates in a war zone and the seafarer does not agree to continue working on board;

e) Other cases agreed upon by both parties.

2. Ship owners shall not be required to pay related expenses for repatriation when the seafarer is dismissed due to disciplinary action or unilaterally terminates the labor contract contrary to the law.

3. Expenses related to seafarer repatriation paid by the ship owner include:

a) Transportation costs to the chosen location for repatriation;

b) Food and accommodation costs for the seafarer from the time of leaving the ship until reaching the repatriation location;

c) Wages and travel allowances for the seafarer from the time of leaving the ship until reaching the repatriation location;

d) Transportation costs for up to 30 kilograms of personal luggage of the seafarer to the repatriation location;

đ) Medical care costs necessary until the seafarer is fit to travel to the repatriation location.

4. Ship owners shall be responsible for arranging repatriation for seafarers using appropriate and convenient means of transportation. Seafarers shall be repatriated to the location specified in the seafarer's labor contract or where the seafarer resides.

5. The statute of limitations for complaints related to seafarer repatriation is one year, starting from the date of repatriation.

6. Ship owners shall be responsible for keeping copies of relevant legal documents concerning repatriation on board the ship and providing them to seafarers.

7. Ship owners shall ensure financial resources to cover repatriation expenses for seafarers as stipulated in this Decree.

8. In the event that ship owners fail to arrange or pay repatriation expenses for seafarers, competent Vietnamese authorities shall arrange for the seafarer's repatriation and require the ship owner to reimburse these expenses.

9. The Minister of Finance and the Minister of Transport shall provide guidance on the provisions of Clause 8 of this Article.

Article 9. Food and Drinking Water

1. Ship owners shall be responsible for providing free food and drinking water in sufficient quantity, with nutritional value, quality, variety, and ensuring food safety hygiene standards for seafarers on ships; it should also be suitable for the religious beliefs, customs, and culture of the seafarers.

2. The captain or the person designated by the captain shall regularly conduct inspections and maintain records on the following matters:

a) Provision of food and drinking water;

b) All storage areas, containers, and equipment used for storing and preserving food and drinking water;

c) Kitchen and other equipment used for preparing and serving meals.

3. Ship owners shall be responsible for appointing a chief cook and steward to serve seafarers on ships. Where there are fewer than ten seafarers on board, a chief cook is not mandatory but a steward must be appointed.

4. The Minister of Health and the Minister of Transport shall establish standards for food and drinking water hygiene and meal quantities for seafarers working on ships.

Article 10. Health care for seafarers on board ships and ashore

1. Seafarers shall be provided with regular, timely, and free health care during their working time on board ships and at foreign ports when the ship docks there.

2. The shipowner shall be responsible for implementing measures to provide health care for seafarers working on board ships as follows:

a) Protecting and providing health care for seafarers on board ships in terms of medicine, medical equipment, medical guidance materials, medical information, and medical professional consultation, similar to workers working ashore;

b) Ensuring that seafarers can undergo medical examination and treatment at medical examination and treatment facilities or dental clinics at the port where the ship docks;

c) Implementing preventive measures against maritime occupational accidents and diseases through health education and promotion for seafarers.

3. The shipowner shall be responsible for implementing regulations regarding the assignment of doctors on board ships as follows:

a) For ships with 100 people or more and undertaking international voyages lasting longer than three days, at least one doctor must be assigned;

b) For ships with fewer than 100 people and without a doctor on board, at least one seafarer must be assigned to be responsible for medical care and drug management or one seafarer capable of providing basic medical first aid. The seafarer responsible for medical care must ensure completion of medical care training according to the provisions of the STCW Convention. The seafarer responsible for basic medical first aid must ensure completion of basic medical first aid training according to the provisions of the STCW Convention.

4. The ship captain or the person responsible for medical care on board the ship shall be responsible for preparing medical report forms as prescribed. Medical report forms are used to exchange information with medical examination and treatment facilities ashore. Information in the medical report form must be kept confidential and used only for diagnosis, care, and treatment of seafarers.

5. The Minister of Health shall be responsible for:

a) Announcing health examination facilities for seafarers;

b) Prescribing regulations concerning shipboard medicine cabinets, medical equipment, medical guidance materials, and medical report forms.

Article 11. Responsibilities of the shipowner towards seafarers who suffer from maritime occupational accidents or occupational diseases

1. Paying the co-payment portion and other costs not covered by health insurance, including medical treatment, surgery, hospitalization, necessary medications and treatment equipment, and living expenses of seafarers from the time of initial treatment until recovery or until it is determined to be chronic.

2. Paying full wages stipulated in the seafarer's labor contract during the period of treatment.

3. Paying funeral expenses in cases where seafarers die on board the ship or ashore during the voyage.

4. The shipowner shall not be required to pay costs for seafarers in the following cases:

a) Injuries occurring outside the working hours on the ship;

b) Injuries or illnesses caused by the intentional actions of the seafarer.

5. Protecting and returning the property left by seafarers on board the ship to the seafarers themselves or their relatives in cases where seafarers leave the ship due to illness, injury, or death.

Article 12. Reporting, investigation, statistics, and reporting of maritime occupational accidents and occupational diseases

1. When a maritime occupational accident occurs, the shipowner or the ship captain shall be responsible for reporting the accident in accordance with labor laws and reporting to the nearest Port Maritime Authority if the ship is operating in a Vietnamese port, or the Vietnam Maritime Administration if the ship is operating at sea, or the diplomatic representative of Vietnam if the ship is operating abroad.

2. The investigation, statistics, and reporting of maritime occupational accidents and occupational diseases shall be carried out in accordance with labor laws and occupational safety laws.

3. The Ministers of Labor, Invalids and Social Affairs and the Ministry of Transport shall prescribe regulations on the reporting, investigation, statistics, and reporting of maritime occupational accidents.

Article 13. Prevention of Seafaring Occupational Accidents and Diseases

1. The shipowner shall be responsible for establishing and implementing appropriate measures in accordance with current regulations on labor safety, hygiene, prevention of seafaring occupational accidents and diseases for crew members, including:

a) Providing guidance and organizing labor safety and hygiene training for crew members before assigning tasks on board ships or when assigning other work or higher risk work;

b) Regularly training on labor safety and hygiene in accordance with the provisions of the law;

c) Inspecting and evaluating hazardous factors; proposing measures to eliminate or reduce hazards; improving working conditions and caring for the health of crew members;

d) Assigning specific responsibilities to crew members regarding labor safety and hygiene work on board ships;

đ) For ships with five or more crew members, a Labor Safety Committee must be established and the authority of the crew member designated or elected as the safety representative to participate in the ship's Labor Safety Committee meetings must be clearly defined;

e) Equipping and instructing on the use of personal protective equipment and other devices to prevent accidents for crew members. Personal protective equipment must meet quality requirements as prescribed;

g) Ensuring that all types of machinery, equipment, and materials on board ships with strict labor safety requirements are technically inspected for labor safety before being put into use and must be regularly and randomly inspected during use in accordance with the provisions of the law;

h) Ensuring that persons not assigned tasks do not access areas on the ship that affect health and safety;

i) Developing emergency response plans for seafaring occupational accidents involving crew members and conducting annual drills.

2. The shipowner shall be responsible for purchasing accident insurance, shipowner liability insurance, and participating in mandatory insurance as prescribed for crew members during their work on board ships.

3. The captain shall be responsible for supervising and regularly inspecting the implementation of labor safety and hygiene measures established by the shipowner for crew members; rectifying unsafe conditions on board and reporting to the shipowner.

4. Crew members shall be responsible for fully implementing labor safety and hygiene measures established by the shipowner.

5. The Minister of Labor, Invalids, and Social Affairs shall issue a list of machinery, equipment, and materials with strict labor safety requirements for operating the propulsion system of Vietnamese ships based on consensus with the Minister of Transport.

Chapter III

INSPECTION AND ISSUE OF SEAFARING LABOR CERTIFICATES

FOR VIETNAMESE SHIPS AND INSPECTION, INVESTIGATION,

SETTLEMENT OF CREW COMPLAINTS WORKING ON VIETNAMESE SHIPS

WORKING ON VIETNAMESE SEAGOING VESSELS

Article 14. Inspection and Issuance of Seafaring Labor Certificates

1. Ships must be inspected for labor conditions in accordance with Vietnamese laws and the 2006 Maritime Labor Convention.

2. International route ships with a total tonnage of 500 or more must have a Seafaring Labor Certificate.

3. The Minister of Transport shall stipulate the inspection of labor conditions on ships; issuance of Seafaring Labor Certificates for ships.

Article 15. Inspection and Supervision of Seagoing Ships

1. The Maritime Inspectorate under the Vietnam Maritime Administration and the Port Maritime Office shall conduct inspections and supervision of seafarers' working and living conditions on seagoing ships in accordance with this Decree and relevant Vietnamese laws.

2. Inspections and supervision as stipulated in Clause 1 of this Article must ensure that they do not affect the operation of seagoing ships.

3. The ship owner and the ship captain are responsible for creating conditions for the Maritime Inspectorate under the Vietnam Maritime Administration and the Port Maritime Office to inspect and supervise seagoing ships, and are responsible for rectifying violations and deficiencies related to seafarers' working and living conditions.

Article 16. Handling Complaints of Seafarers Working on Seagoing Ships

1. The ship owner is responsible for establishing and promulgating procedures for handling complaints of seafarers.

2. The complaint handling procedures for seafarers must be provided to all seafarers and kept on board the ship.

Chapter IV

INSPECTION, SUPERVISION AND HANDLING OF COMPLAINTS BY SEAFARERS WORKING ON FOREIGN SEAGOING SHIPS OPERATING IN VIETNAMESE PORTS

ACTIVITIES AT VIETNAMESE MARITIME PORTS

Article 17. Inspection and Supervision of Foreign Seagoing Ships Operating in Vietnamese Ports

1. Foreign seagoing ships operating in Vietnamese ports are subject to inspection and supervision by the Port Maritime Office regarding compliance with Vietnamese laws and the 2006 Maritime Labor Convention concerning seafarers' working and living conditions on board.

2. The inspection and supervision as stipulated in Clause 1 of this Article shall be carried out in accordance with guidelines from the International Labour Organization and the Asia-Pacific Memorandum of Understanding on Port State Control.

3. The ship owner and the ship captain of foreign seagoing ships are responsible for creating conditions for the Port Maritime Office to conduct inspections and supervision of seagoing ships and to rectify violations and deficiencies related to seafarers' working and living conditions as required by the Port Maritime Office.

Article 18. Handling Complaints of Seafarers Working on Foreign Seagoing Ships Operating in Vietnamese Ports

1. Seafarers working on foreign seagoing ships operating in Vietnamese ports have the right to lodge complaints with the Port Maritime Office in the area where the ship is operating.

2. Upon receiving a complaint, the Port Maritime Office in the area must conduct an initial investigation and handle the complaint in accordance with guidelines from the International Labour Organization and the Asia-Pacific Memorandum of Understanding on Port State Control.

Article 19. Creating Favorable Conditions for Seafarers Working on Foreign Seagoing Ships Operating in Vietnamese Ports

When information is received about foreign seafarers being abandoned in Vietnam, the Port Maritime Office in the area must report to the Vietnam Maritime Administration to notify the diplomatic mission or representative of the country whose flag the ship flies or the country of which the seafarer holds citizenship or residence.

This Decree takes effect from March 1, 2015.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective Date

 issued pursuant to Decree No.

Article 21. Organization of Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.

ANNEX I

(Annexed4/NĐ-CP dated December 24, 2014 of 121/201THE SHIPBOARD WORKING ARRANGEMENTS TABLE At the proposal of)

(TABLE OF SHIPBOARD WORKING ARRANGEMENTS)

 Vietnam

The minimum hours of rest are applic

able in accordance with theiLO Maritime Labour Convention, 2006 and the International Convention and Standards oflTraining, CertificatlAverage loan repayment period is 10 years; iion and Watchkeepiting for Seafarers, I1978, as amended 20i10 (STCW Convention). Minimum Hours of Rest: Minimum Hours of Rest shall not be less than: 10 hours in any 24-hour period; and 77 hours in any seven-day period.Minimum Hours of Rest: Minimum Hours of Rest shall not be less than: 10 hours in any 24-hour period; and 77 hours in any seven-day period.Position/Rankienergy Scheduled Daily Work Hours at Sea 1Schedu1led Daily Work Hours at SeaiScheduled Daily Work Hours in Port

Scheduled Daily Work Hours in Port

RemarkslTotal Daily Rest Hours lTotal Daily Rest HoursiWatchkeeping (from - to)

Remarks: …………………………………………………………………………………………………………………………..

In Port