Circular No. 38/2017/TT-BTC guiding the payment of repatriation costs for seafarers

CIRCULAR

Guidelines on Reimbursing Repatriation Costs for Seafarers

  Pursuant to the Vietnam Maritime Code No. 95/2015/QH13 dated November 25, 2015 of the National Assembly;

Pursuant to Decree No. 121/2014/NĐ-CP dated December 24, 2014 of the Government detailing certain provisions of the 2006 Maritime Labor Convention regarding seafarer labor conditions on Vietnamese-flagged vessels;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Based on Decision No. 119/2007/QĐ-TTg dated July 25, 2007, of the Prime Minister establishing the Citizen Protection Fund and Vietnamese legal entities abroad;

At the proposal of the Director of the Administrative and Public Service Financial Department;

The Minister of Finance issues this Circular guiding the reimbursement of repatriation costs for seafarers.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of Regulation This Circular guides the reimbursement of repatriation costs for seafarers working on Vietnamese-flagged vessels (excluding military ships, public service ships, and fishing vessels) operating international routes as stipulated in the Vietnam Maritime Code 2015; it also specifies the responsibilities of ship owners in paying repatriation costs for seafarers and the responsibilities of competent Vietnamese authorities in arranging for seafarers' repatriation.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Seafarers working on Vietnamese-flagged vessels operating international routes;

b) Ship owners of Vietnamese-flagged vessels operating international routes;

c) State management agencies, organizations, and individuals related to the arrangement of seafarers working on Vietnamese-flagged vessels for repatriation.

Chapter II

REIMBURSEMENT OF SEAFARER REPATRIATION COSTS AND GUARANTEES FOR SHIP OWNERS' FINANCIAL SOURCES TO PAY REPATRIATION COSTS

Article 2. Repatriation Costs Paid by Ship Owners

1. Ship owners shall be responsible for arranging repatriation for seafarers in cases specified in Clause 2, Article 61 and Clause 1, Article 66 of the Vietnam Maritime Code and shall pay all costs as prescribed. In cases where seafarers arrange their own repatriation, ship owners must reimburse the seafarers for repatriation costs according to the items specified in Clause 2 of this Article.

2. Repatriation costs paid by ship owners include:

a) Costs to travel to the designated repatriation location as stipulated in the contract.

b) Costs for meals and accommodation of seafarers from the time they leave the vessel until they reach the repatriation location. These costs shall be reimbursed based on actual invoices but shall not exceed the limits set forth in Decision No. 43/2012/QĐ-TTg dated October 12, 2012.

c) Wages and travel allowances for seafarers from the time they leave the vessel until they reach the repatriation location. These amounts shall be calculated according to the terms of the contract.

d) Transportation costs for up to 30 kilograms (kg) of personal luggage of seafarers to the repatriation location based on actual invoices.

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

Article 3. Ensuring Financial Sources for Repatriation Costs

1. Ship owners shall ensure financial sources to cover repatriation costs for seafarers. Ship owners must provide bank guarantees for the payment of seafarer repatriation costs. If ship owners fail to ensure or fully ensure financial sources for repatriation costs, credit institutions or foreign bank branches shall provide guarantees for ship owners responsible for paying seafarer repatriation costs; ship owners shall recognize the debt and must repay the credit institutions or foreign bank branches the aforementioned amount according to the regulations on bank guarantees.

2. Guarantee fees shall be agreed upon between credit institutions or foreign bank branches and ship owners. Guarantee fees may be calculated per vessel or for the entire fleet owned by the ship owner.

Chapter III

SITUATIONS WHERE COMPETENT AUTHORITIES ARRANGE SEAFARER REPATRIATION, SETTLE INCIDENTS, AND RECOVER TEMPORARY LOANS FROM THE CITIZEN PROTECTION FUND

Article 4. Cases where the competent authority arranges for seafarers to return home

1. In cases where the shipowner does not directly arrange and pay for the seafarer's return expenses, the shipowner may request the competent authority of Vietnam in the host country to carry out the seafarer's return instead.

2. In cases where the shipowner fails to implement or pay the return expenses for seafarers beyond the return period stipulated in the labor contract, the seafarer may request the competent authority of Vietnam in the host country to arrange and pay for the return expenses.

Article 5. Competent authority arranging for seafarers to return home

1. The competent authority arranging for seafarers to return home is the Vietnamese representative agency abroad as prescribed in the Law on Vietnamese Representative Agencies Abroad dated June 18, 2009 (hereinafter referred to as the Representative Agency).

2. The funds for arranging seafarers' return are temporarily borrowed from the Overseas Vietnamese Citizens and Legal Entities Protection Fund (referred to as the Protection Fund) after receiving a deposit guarantee or a written commitment to repay from the shipowner, or the shipowner presents a letter of guarantee from a credit organization or foreign bank branch regarding the payment of these expenses. The temporary borrowing of Protection Fund funds for seafarers' return shall be carried out in accordance with Circular No. 92/2013/TT-BTC dated July 8, 2013 of the Ministry of Finance on financial management regulations for the Overseas Vietnamese Citizens and Legal Entities Protection Fund.

3. The shipowner is responsible for repaying the entire return expenses to the Protection Fund. If the shipowner fails to repay, the credit organization or foreign bank branch that guarantees for the shipowner shall be responsible for repaying these expenses to the Protection Fund.

4. The application for return submitted to the representative agency shall comply with the regulations of the Minister of Foreign Affairs.

Article 6. Settlement of Operating Expenses

Based on actual tasks performed, the representative agency compiles settlement files to submit to the Protection Fund, including: Seafarer's return application; settlement request letter attached with detailed expense items and relevant receipts as prescribed in this Circular.

Article 7. Recovery of temporarily borrowed Protection Fund expenses

1. Within ten working days from receipt of the notice from the Protection Fund to recover seafarer return expenses, the shipowner is responsible for fully repaying the seafarer return expenses according to the Protection Fund's final settlement notification by transferring to the Protection Fund account at the following address:

- Account name: Overseas Vietnamese Citizens and Legal Entities Protection Fund. - Address: 40 Tran Phu Street, Ba Dinh District, Hanoi.

- Phone number: 04.38489064.

- Vietnamese currency (VND) account number: 122 0202 005 149, opened at Agribank - Long Bien Branch, located at 562 Nguyen Van Cu Street, Long Bien District, Hanoi.

2. In cases where the shipowner delays or fails to pay the return expenses as notified by the Protection Fund, the Protection Fund will issue a letter requesting the credit organization or foreign bank branch that guaranteed the payment to settle the seafarer return expenses. Within ten working days from receipt of the notice from the Protection Fund to recover temporarily borrowed return expenses, the guarantor credit organization or foreign bank branch shall be responsible for fully repaying the seafarer return expenses according to the Protection Fund's final settlement notification.

3. Handling late payment or non-payment violations: Implemented in accordance with Clause 4, Article 5 of Circular No. 92/2013/TT-BTC dated July 8, 2013 of the Ministry of Finance on financial management regulations for the Overseas Vietnamese Citizens and Legal Entities Protection Fund.

Chapter IV

IMPLEMENTATION

Article 8. Coordination among relevant agencies

1. The Ministry of Transport

a) Inform ship owners of their obligations and responsibilities regarding the repatriation of Vietnamese seafarers as stipulated in this Circular and other related laws.

b) Direct the Vietnam Maritime Administration to promptly verify information related to ship owners and seafarers for the purpose of seafarer repatriation when requested by the representative agency.

2. The Ministry of Foreign Affairs

a) Issue regulations on the documentation and procedures for seafarer repatriation.

b) Direct representative agencies to promptly arrange for seafarer repatriation upon receipt of seafarer repatriation documentation.

3. The Ministry of Finance ensures funding for the Citizen Protection Fund's operations in accordance with regulations.

Article 9. Effective Date

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

2. In cases where legal normative documents serving as the basis and referenced in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacement legal normative documents.

3. During implementation, if there are any difficulties, relevant agencies and units shall report them to the Ministry of Finance for review and resolution.