Circular No. 17/2017/TT-BGTVT stipulates the conditions for foreign seafarers working on Vietnamese ships.

CIRCULAR

Regulations on Conditions for Foreign Seafarers Working on Vietnamese Ships

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

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

Pursuant to Decree No. 11/2016/NĐ-CP dated February 3, 2016 of the Government detailing certain provisions of the Labor Code regarding foreign labor working in Vietnam;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

The Minister of Transport issues this Circular stipulating conditions for foreign seafarers working on Vietnamese ships.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates conditions for foreign seafarers working on Vietnamese ships.

Article 2. Applicability

This Circular applies to foreign seafarers working on Vietnamese ships and relevant agencies, organizations, and individuals.

In this Circular, the following terms shall be understood as follows:

1. Vietnamese ship means a ship registered in the National Ship Register of Vietnam or temporarily permitted to fly the flag of Vietnam by a Vietnamese representative office abroad.

2. Foreign seafarer means a seafarer holding nationality of a foreign country.

3. Professional certificate means a certificate issued to a seafarer according to the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (hereinafter referred to as the STCW Convention). Professional certificates include: Certificate of Competency and Training Completion Certificate.

4. Recognition of Certificate of Competency is a document issued by the Director of the Vietnam Maritime Administration to foreign seafarers who have obtained a Certificate of Competency issued in accordance with the STCW Convention to work on Vietnamese ships.

Chapter II

FOREIGN SEAFARERS WORKING ON VIETNAMESE SHIPS

Article 4. Conditions for foreign seafarers working on Vietnamese ships

1. General conditions:

đ) Holding a seafarer’s logbook;

e) Being assigned to hold a position on board the ship.

3. Foreign seafarers undergoing training on Vietnamese ships must meet the conditions specified in points a, b, c, d, đ of Clause 1 of this Article and possess a Training Completion Certificate issued by the competent Vietnamese authority or by the authority of a country or territory recognized by Vietnam for the recognition of professional certificates, appropriate to the type of training vessel.

1. Directing foreign seafarers working on Vietnamese ships to comply with relevant Vietnamese laws and international treaties to which Vietnam is a party.

2. Fulfilling all obligations agreed upon in the employment contract; as prescribed by Vietnamese laws and international treaties to which Vietnam is a party.

3. Reporting electronically to the Vietnam Maritime Administration's Crew Management Database the date of boarding, departure from the ship, and assignment of positions for foreign seafarers working on ships managed by them, and being responsible for their reports.

4. In case of any issues arising related to the use of foreign seafarers working on Vietnamese ships, they must immediately report to the Vietnam Maritime Administration and the relevant competent authorities in Vietnam.

1. Fulfill the obligations agreed upon in the labor contract.

2. Strictly comply with relevant provisions of Vietnamese law, international treaties to which Vietnam is a party, and the national laws of the countries where the ships are operating.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from July 15, 2017.

2. Repeal Decision No. 47/2005/QĐ-BGTVT dated September 23, 2005 of the Minister of Transport regarding the conditions for Vietnamese seafarers working on foreign ships and foreign seafarers working on Vietnamese ships.

Article 8. Implementation organization

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

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