Circular No. 29/2016/TT-BGTVT stipulates the method for dividing salvage remuneration among crew members of Vietnamese merchant ships

CIRCULAR

Regulations on the method of dividing salvage remunerationfor crew members of Vietnamese ocean-going vessels

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Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to DecreeArticle 107/2012/NĐ-CP dated 20 the 12 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;12 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

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

The Minister of Transport issues this Circular stipulating on the method of dividing salvage remuneration for crew members of Vietnamese ocean-going vessels.

Article 1. Scope of Regulation and Applicability

1. These Circulars regulate the method of dividing salvage remuneration for crew members of Vietnamese ocean-going vessels (hereinafter referred to as crew members).

2. These Circulars apply to ship owners, crew members, and agencies, organizations, and individuals related to the division of salvage remuneration for crew members.

3. These Circulars do not apply to the division of salvage remuneration for crew members of dedicated rescue vessels.

Article 2. Principles of dividing salvage remuneration

1. Salvage remuneration paid in any currency shall be divided in that same currency.

2. The master of the rescue vessel represents the crew members to protect their legitimate rights and interests in determining salvage expenses, assessing losses, and the amount of salvage remuneration to be allocated to the crew members.

3. The division of salvage remuneration within the vessel must be conducted openly under the supervision of the grassroots trade union organization or a committee elected by all crew members of the vessel.

Article 3. Method of dividing salvage remuneration

The portion of funds set aside for distribution to the crew members shall be distributed as follows:

1. Distributed to all crew members present on the vessel during the salvage operation.

2. Distributed according to the principle of direct proportionality with the basic salary of each crew member at the time of the salvage operation.

Basic salary is the monthly salary that the ship owner must pay to each crew member based on their position, excluding allowances, overtime pay, monthly bonuses, quarterly bonuses, or other subsidies.

3. In cases where crew members demonstrate exceptional courage and effort during the salvage operation, they may receive a bonus factor. The bonus factor is proposed by the crew members and decided by the master.

4. Crew members who refuse to carry out tasks assigned by the master or take advantage of the salvage situation for personal gain or engage in actions violating laws related to the salvage operation shall lose their right to receive their share of the salvage remuneration. This portion of the money shall be combined with the total salvage remuneration reserved for the crew members and redistributed among the remaining crew members according to the distribution method stipulated herein.

Article 4. Complaints and Dispute Resolution

1. Complaints related to the division of salvage remuneration for crew members shall be resolved in accordance with the provisions of the law on complaints and denunciations.

2. Disputes related to the division of salvage remuneration for crew members shall be resolved through negotiation or litigation before the Arbitration or Court having jurisdiction.

Article 5. Effective Date

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

2. Repeal Decision No. 43/2005/QĐ-BGTVT dated September 19, 2005 of the Minister of Transport on the method of dividing salvage remuneration for crew members of Vietnamese ocean-going vessels.

Article 6. Implementation Organization

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