This Circular stipulates the working hours and rest periods for seafarers on marine transport vessels, applicable to production and business enterprises in the transportation sector. Notably, it specifies the maximum working hours and minimum rest periods.
Scope of application
The master, officers, crew members, and other personnel within the ship's complement on cargo ships, passenger ships operating on sea routes belonging to state-owned enterprises, foreign-invested enterprises, enterprises in export processing zones, high-tech industrial zones, and other economic sectors.
Key points
- Crew members work in shifts not exceeding 12 hours per day-night period (24 consecutive hours) and 270 hours in a month.
- The minimum rest period is 12 hours per day-night period (24 consecutive hours) and 420 hours in a month.
- Rest time on board is divided into a maximum of two sessions, each lasting at least six hours, with a gap between the two sessions not exceeding 12 hours.
- The master has the authority to immediately mobilize crew members to work to ensure safety and rescue persons in distress.
- The employer or authorized person shall arrange compensatory leave for crew members when they have not fully enjoyed their entitled rest days.
🌐 Social impact of this document
- Positive impact: This regulation helps ensure the safety and health of crew members while maintaining efficient marine transport operations.
- Negative impact: It may impose management burdens on enterprises in complying with regulations on working hours and rest periods.
❓ Frequently asked questions
What are the maximum working hours for crew members?
The maximum working hours for crew members are 12 hours per day-night period (24 consecutive hours) and 270 hours in a month.
What are the minimum rest hours for crew members?
The minimum rest hours for crew members are 12 hours per day-night period (24 consecutive hours) and 420 hours in a month.
When can the master mobilize crew members to work?
The master has the authority to immediately mobilize crew members to work to ensure safety, protect property on board, or to rescue the vessel or persons in distress.
If crew members have not fully enjoyed their entitled rest days, how will the enterprise arrange for them?
The employer or authorized person will arrange compensatory leave for crew members when they have not fully enjoyed their entitled rest days.
To which enterprises does this Circular apply?
This Circular applies to state-owned enterprises, foreign-invested enterprises, enterprises in export processing zones, high-tech industrial zones, and other economic sectors.
Full text
CIRCULAR
Guidelines for implementing working hours and rest periods for seafarers working on maritime transport vessels
Implementing Article 80 of the Labor Code and Clause 12 of Decree No. 195/CP dated December 31, 1994 of the Government "Providing detailed regulations and guidance on certain provisions of the Labor Code concerning working hours and rest periods"; Following the agreement expressed in Circular No. 3144/LDTBXH dated October 15, 2001 of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Transport hereby stipulates the working hours and rest periods for seafarers working on maritime transport vessels as follows:
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I. OBJECTS, SCOPE OF APPLICATION AND TERMINOLOGY:
1. This Circular applies to the Master, officers, crew members, and other personnel within the ship's complement (hereinafter collectively referred to as crew members) working on cargo ships and passenger ships operating on the sea belonging to the following production and business enterprises:
- Enterprises with foreign investment, enterprises in export processing zones, industrial parks, high-tech zones;
- State-owned enterprises;
- Other economic sector enterprises;
2. The terms used in this Circular shall be understood as follows:
a. "Working hours" refers to the period of time, excluding shift changeovers, during which crew members perform tasks on board the vessel as assigned by the Master.
b. "Rest periods" refer to the time outside of working hours on board the vessel.
1. Crew members will alternate shifts to work continuously, including weekly days off and holidays, to ensure the voyage of the vessel and to fulfill the requirements of maritime transport operations.
II. WORKING HOURS AND REST PERIODS
2. Working hours shall not exceed the maximum limit specified in Point 3, and rest periods shall not be less than the minimum limit specified in Point 4.
3. Maximum working hours:
a. 12 hours in a day-night cycle (24 consecutive hours);
b. 270 hours in a month.
4. Minimum rest periods:
b. 420 hours in a month.
b. 270 hours in a month.
5. Rest periods on board the vessel may be divided into a maximum of two times, each rest period lasting at least six hours, and the interval between two consecutive rest periods shall not be less than twelve hours.
6. The Master has the authority to immediately mobilize crew members to work to ensure safety, property on board the vessel, or to rescue the vessel or people in distress.
7. Based on specific circumstances, the employer or authorized person shall arrange compensatory leave equivalent to the number of rest days that the crew member has not enjoyed due to compliance with the provisions of Point 1 and Point 3 of Part II hereof.
Such compensatory leave includes: Weekly rest days, annual leave, public holiday leave, leave for personal matters with pay, and other leave benefits as prescribed by current labor laws.
1. In accordance with the provisions of this Circular, the employer or authorized person shall be responsible for coordinating with the crew members regarding the plan for working hours and rest periods and incorporating it into the labor contract or collective labor agreement.
III. IMPLEMENTATION
2. This Circular takes effect fifteen days from the date of signature. Circular No. 309/LDT dated November 30, 1962 of the Ministry of Transport is hereby repealed.
During implementation, if there are any difficulties, please report them to the Ministry of Transport for resolution.
In the course of implementation, if there are any difficulties, they are recommended to be reported to the Ministry of Transport for resolution.
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