Circular No. 29/2016/TT-BGTVT stipulates the method for dividing salvage remuneration for crew members of Vietnamese merchant ships, applicable to ship owners and seafarers. This document guides the division of remuneration based on principles of fairness and transparency.
적용 범위
Ship owners, crew members, and agencies, organizations, or individuals related to the division of salvage remuneration for crew members
핵심 사항
- The master of the salvage vessel represents the crew in determining salvage costs (Article 2.2)
- Salvage remuneration is divided among all seafarers present on board during the salvage operation (Article 3.1)
- Division of remuneration is based on the principle of proportionality with the basic salary of each seafarer (Article 3.2)
- Seafarers who show courage and special effort during the salvage operation receive bonus coefficients proposed by the crew and decided by the master (Article 3.3)
- Seafarers who refuse to perform their duties or take advantage of the salvage situation for personal gain lose their right to receive salvage remuneration (Article 3.4)
🌐 이 문서의 사회적 영향
- Ensuring fairness and transparency in the division of salvage remuneration for crew members
- Encouraging the courage and effort of seafarers during salvage operations
- It may cause difficulties for ship owners in managing and operating the crew
❓ 자주 묻는 질문
What role does the master play in the division of salvage remuneration?
The master represents the crew to protect their interests in determining salvage costs and assessing losses (Article 2.2)
How is the basic salary calculated when dividing salvage remuneration?
Basic salary is the monthly amount that the ship owner must pay to each seafarer based on their position, excluding other allowances (Article 3.2)
How are seafarers who violate the law during salvage operations handled?
Seafarers who refuse to perform their duties or take advantage of the salvage situation for personal gain lose their right to receive salvage remuneration (Article 3.4)
Are there provisions for bonus coefficients for seafarers with outstanding achievements during salvage operations?
Seafarers who show courage and special effort receive bonus coefficients proposed by the crew and decided by the master (Article 3.3)
How are disputes related to the division of salvage remuneration resolved?
Disputes are resolved through negotiation or litigation before the Arbitration or competent Court (Article 4.2)
전문
CIRCULAR
Regulations on the method of dividing salvage remunerationfor crew members of Vietnamese ocean-going vessels
______________
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./.
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