Decision No. 43/2005/QD-BGTVT stipulates the method of dividing salvage remuneration for Vietnamese merchant ship crews, applicable to ship owners, crew members, and related agencies. This decision replaces the previous decision from 1995.
Đối tượng áp dụng
Ship owners, crew members, and organizations, entities, and individuals related to the division of salvage remuneration for Vietnamese merchant ship crews.
Các điểm cốt lõi
- Ship owners and crew members equally divide salvage remuneration after deducting expenses and losses. The remuneration is paid in a uniform currency.
- The master, representing the crew, determines the salvage expenses, assesses losses, and sets the amount of salvage remuneration for the crew.
- Salvage remuneration is evenly distributed among all crew members present during the salvage operation, proportionate to their regular wages. Brave crew members receive a bonus factor.
- Crew members who refuse the mission, take advantage of the situation for personal gain, or violate the law lose their right to receive salvage remuneration.
- Disputes regarding the division of salvage remuneration are resolved through negotiation or litigation before Arbitration or Court.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Clearly defines the method of dividing salvage remuneration, protecting the rights of crew members.
- Negative impact: May impose additional cost burdens on ship owners if they have to pay extra salvage remuneration.
❓ Câu hỏi thường gặp
To which types of ships does this decision apply?
Applies to Vietnamese merchant ship crews, not to dedicated salvage vessels.
How is salvage remuneration divided?
Equally between ship owners and crew members after deducting expenses and losses. Regular wages serve as the basis for distribution.
Are crew members who refuse the mission deprived of their right to receive salvage remuneration?
Yes, they will be deprived of this right, and the portion will be redistributed to the remaining crew members.
How are disputes over the division of salvage remuneration resolved?
Resolved through negotiation or litigation before Arbitration or Court.
When does this decision come into effect?
Effective from January 1, 2006.
Toàn văn
DECISION OF THE MINISTER OF TRANSPORT
Regarding the method for dividing salvage remuneration for Vietnamese merchant ship crew members
THE MINISTER OF TRANSPORTATION
BASED ON THE VIETNAM MARITIME CODE dated June 14, 2005;
Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;
At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration,
DECISION:
Article 1. Scope of Regulation and Applicability
1. This Decision stipulates the method for dividing salvage remuneration for Vietnamese merchant ship crew members (hereinafter referred to as the crew).
2. This Decision applies to ship owners, crew members, and agencies, organizations, and individuals related to the division of salvage remuneration for the crew.
3. This Decision does not apply to the division of salvage remuneration for crew members of dedicated rescue ships.
Article 2. Principles for Dividing Salvage Remuneration
1. Salvage remuneration shall be equally divided between the ship owner and the crew of the rescue ship after deducting the costs and losses of the ship and the costs and losses of the ship owner or the crew related to the salvage operation.
2. Salvage remuneration paid in any currency shall be divided in that same currency.
3. The captain of the rescue ship represents the crew to protect their legitimate rights and interests in determining salvage costs, assessing losses, and the amount of salvage remuneration reserved for the crew.
4. The division of salvage remuneration within the ship must be conducted openly under the supervision of the grassroots trade union organization or a council elected by all crew members of the ship.
Article 3. Method for Dividing Salvage Remuneration for Crew Members
The portion set aside for distribution to the crew shall be distributed according to the following methods:
1. Distributed to all crew members present on the ship during the salvage operation.
2. Distributed based on the principle of direct proportionality with the basic salary of each crew member at the time of the salvage operation.
The basic salary mentioned in this Decision 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 and decided by the captain.
4. Crew members who refuse to perform tasks assigned by the captain, take advantage of the salvage situation for personal gain, or engage in actions violating the law related to the salvage operation shall lose their right to receive their share of the salvage remuneration. This portion will be combined into the total salvage remuneration reserved for the crew and redistributed among the remaining crew members according to the distribution method specified in this Article.
Article 4. Complaints and Dispute Resolution
1. Complaints related to the division of salvage remuneration for the crew shall be resolved in accordance with the laws on complaints and denunciations.
2. Disputes related to the division of salvage remuneration for the crew shall be resolved through negotiation or litigation before the Arbitration or competent Court.
Article 5. Effective Date
This Decision takes effect from January 1, 2006, and replaces Decision No. 4276/QĐ-PC dated September 27, 1995, of the Minister of Transport regarding the method for dividing salvage remuneration for Vietnamese merchant ship crew members.
Article 6. Implementation Organization
The Director of the Office, Heads of Departments under the Ministry, Directors of the Vietnam Maritime Administration, and relevant agencies, organizations, and individuals are responsible for implementing this Decision./.
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