Circular No. 43/2015/TT-BGTVT stipulates procedures for issuing and revoking the Declaration of Compliance with Maritime Labour Conditions and the Certificate of Maritime Labour Conditions.

CIRCULAR

Regulations on Procedures for Issuing and Revoking Declarations of Compliance with Maritime Labor and Certificates of Maritime Labor

and Maritime Labor Certificates

Pursuant to the Maritime Code of Vietnam 2005;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the 2014 amendments and supplements to the Maritime Labor Convention, 2006;

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 seafarers' working conditions on ships;

Circular No. 43/2015/TT-BGTVT dated August 20, 2015 of the Ministry of Transport regarding procedures for issuing, approving, and revoking the Declaration of Compliance with Seafarers' Work and the Seafarers' Work Certificate.

The Minister of Transport hereby issues this Circular stipulating procedures for issuing, approving, and revoking Declarations of Compliance with Maritime Labor and Maritime Labor Certificates in accordance with the 2006 Maritime Labor Convention for Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes.

Article 1. Scope of Regulation

This Circular stipulates on:

1. Inspection of maritime labor under the 2006 Maritime Labor Convention (hereinafter referred to as the MLC 2006) for Vietnamese ships operating on international routes.

2. Procedures for issuing, approving, and revoking Declarations of Compliance with Maritime Labor and Maritime Labor Certificates in accordance with the MLC 2006 for Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes.

Article 2. Applicability

This Circular applies to organizations and individuals involved in maritime labor inspections for Vietnamese ships operating on international routes and in issuing, approving, and revoking Declarations of Compliance with Maritime Labor and Maritime Labor Certificates in accordance with the MLC 2006.

Article 3. Procedures for Issuing Part I of the Declaration of Compliance with Maritime Labor

1. The Vietnam Maritime Administration shall issue Part I of the Declaration of Compliance with Maritime Labor for Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes.

2. The shipowner shall submit one set of application documents for issuing Part I of the Declaration of Compliance with Maritime Labor directly or through the postal service or other appropriate means to the Vietnam Maritime Administration. The application package includes:

a) A shipowner's application form for issuing Part I of the Declaration of Compliance with Maritime Labor according to the model specified in Appendix I of this Circular;

b) One copy of the Ship Registration Certificate;

c) One document from an organization or individual committing to assume responsibility for the operation of the vessel instead of the owner and agreeing to undertake the obligations and responsibilities of the shipowner as prescribed by the MLC 2006 (in cases where the shipowner is not simultaneously the owner of the vessel).

3. In cases where the shipowner authorizes a shipping company to perform the obligations and responsibilities on behalf of the shipowner to obtain Part I of the Declaration of Compliance with Maritime Labor, in addition to the application documents stipulated in Clause 2 of this Article, the shipping company must submit:

a) One copy of the ship charter agreement;

b) One power of attorney according to the model specified in Appendix II of this Circular.

4. The Vietnam Maritime Administration shall accept, review the application documents, and process them as follows:

a) In cases where the application documents are submitted directly, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled within the time limit specified in point c of this clause; if the documents are incomplete, the shipowner will be instructed to complete the documents on the same working day;

b) In cases where the application documents are received through the postal service or other appropriate means, if the documents are incomplete, within two working days from the date of receiving the documents, the Vietnam Maritime Administration shall issue a written request for supplementation and completion of the documents;

c) Within five working days from the date of receiving complete documents as required, the Vietnam Maritime Administration shall examine and issue Part I of the Declaration of Compliance with Maritime Labor according to the model specified in Appendix III of this Circular and send two copies to the shipowner. In cases where Part I of the Declaration of Compliance with Maritime Labor is not issued, the Vietnam Maritime Administration must provide a written response to the shipowner specifying the reasons.

Article 4. Procedure for Approving the Declaration of Compliance with Maritime Labour Part II and Issuing the Maritime Labour Certificate

1. The Vietnam Ship Registry shall approve the Declaration of Compliance with Maritime Labour Part II and issue the Maritime Labour Certificate to Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes.

2. The shipowner shall submit one set of application documents for approval of the Declaration of Compliance with Maritime Labour Part II and issuance of the Maritime Labour Certificate directly or through the postal service or other appropriate means to the Vietnam Ship Registry. The application package includes:

a) An application form as prescribed in Appendix IV of this Circular;

b) One copy of the Declaration of Compliance with Maritime Labour Part I that has been issued by the Vietnam Maritime Administration;

c) One Declaration of Compliance with Maritime Labour Part II established by the shipowner according to the model prescribed in Appendix V of this Circular;

d) One copy of the Seafarers' Employment Agreement and Collective Bargaining Agreement still in effect;

đ) One copy of the shipowner's maritime labour management procedures.

3. The Vietnam Ship Registry shall accept, examine, and process the application as follows:

a) In cases where the application documents are submitted directly, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled within the time limit specified in point c of this clause; if the documents are incomplete, the shipowner will be instructed to complete the documents on the same working day;

b) In cases where the application is submitted through the postal service or other appropriate means, if the application is incomplete as required, within two working days from the date of receipt of the application, the Vietnam Ship Registry shall issue a written request for supplementation and completion of the application;

c) Within five working days from the date of receipt of a complete application as stipulated in Clause 2 of this Article, the Vietnam Ship Registry must complete the review of the application; if the review result does not meet the requirements, it shall require the shipowner to supplement and complete the application;

d) If the review result of the application meets the requirements, the Vietnam Ship Registry shall notify the shipowner to organize the assessment of the implementation of the Declaration of Compliance with Maritime Labour Part II and the provisions of the MLC 2006 on board the ship;

đ) If the assessment result on board the ship complies with the provisions of the MLC 2006, within one working day from the completion of the assessment, the Vietnam Ship Registry shall approve the Declaration of Compliance with Maritime Labour Part II, issue the Maritime Labour Certificate for the ship according to the model prescribed in Appendix VI of this Circular, and send it to the shipowner;

e) If the assessment result on board the ship does not comply with the provisions of the MLC 2006, within one working day from the completion of the assessment, the Vietnam Ship Registry must respond in writing stating the reasons for not approving the Declaration of Compliance with Maritime Labour Part II and not issuing the Maritime Labour Certificate.

4. The validity period of the Maritime Labour Certificate is five years provided that the ship undergoes an intermediate inspection once during the period between the second and third annual due dates from the date of issuance of the Maritime Labour Certificate to ensure that the ship continues to meet the requirements of the MLC 2006.

Article 5. Procedure for Issuing a Temporary Maritime Labour Certificate

1. The Vietnam Ship Registry shall issue a Temporary Maritime Labour Certificate to Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes in the following cases:

a) New ships handed over after construction;

b) Ships changing flag state;

c) Change of shipowner.

2. The shipowner shall submit one set of application documents for issuance of a Temporary Maritime Labour Certificate directly or through the postal service or other appropriate means to the Vietnam Ship Registry. The application package includes:

a) An application form as prescribed in Appendix IV of this Circular;

b) A copy of the application for issuance of the Declaration of Compliance with Maritime Labour Part I that has been submitted to the Vietnam Maritime Administration as prescribed in Clause 2 of Article 3 of this Circular.

3. The Vietnam Ship Registry shall accept, examine, and process the application as follows:

a) In cases where the application is submitted directly, if the application is complete, a receipt for the application will be issued and a date for the result will be scheduled according to the time limit specified in Point c of this Clause; if the application is incomplete as required, a written guide for the shipowner to complete the application will be issued on the same working day;

b) In cases where the application is submitted through the postal service or other appropriate means, if the application is incomplete as required, within two working days from the date of receipt of the application, the Vietnam Ship Registry shall issue a written request for supplementation and completion of the application;

c) Within five working days from the date of receipt of a complete application as stipulated in Clause 2 of this Article, the Vietnam Ship Registry shall notify the shipowner to organize an inspection on board the ship regarding the contents prescribed in Clause 4 of this Article;

d) If the inspection result on board the ship complies with the provisions of the MLC 2006, within one working day from the completion of the inspection, the Vietnam Ship Registry shall issue a Temporary Maritime Labour Certificate according to the model prescribed in Appendix VII of this Circular and send it to the shipowner;

đ) If the inspection result on board the ship does not comply with the provisions of the MLC 2006, within one working day from the completion of the inspection, the Vietnam Ship Registry must respond to the shipowner in writing stating the reasons for not issuing a Temporary Maritime Labour Certificate.

4. Contents of the inspection on board the ship:

a) Contents prescribed in the MLC 2006;

b) Documentation and records proving that the ship has sufficient procedures meeting the relevant requirements of the MLC 2006;

c) The Master's knowledge of the provisions of the MLC 2006 and their responsibilities.

5. The validity period of the Temporary Maritime Labour Certificate issued to one ship shall not exceed six months. A Temporary Maritime Labour Certificate shall not be issued again after the first Temporary Maritime Labour Certificate expires.

Article 6. Loss of Effectiveness and Revocation of the Declaration of Compliance with Maritime Labour Part I

1. The Declaration of Compliance with Maritime Labour Part I shall lose its effectiveness in the following cases:

a) Change of ship name;

b) Ships changing flag state;

c) Change of shipowner.

2. In case of changes to the content of relevant regulatory legal documents mentioned in the Declaration of Compliance with Maritime Labour Part I, the Vietnam Maritime Administration has the obligation to guide adjustments and amendments to the Declaration of Compliance with Maritime Labour Part I to ensure compliance.

3. The Vietnam Maritime Administration shall revoke the Declaration of Compliance with Maritime Labour Part I in cases where the ship owner forges, erases, or intentionally distorts related information.

Article 7. Loss of Effectiveness and Revocation of the Certificate of Compliance with Maritime Labour

1. The Certificate of Compliance with Maritime Labour shall lose its effectiveness in the following cases:

a) The intermediate inspection of Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes is not completed within the time limit specified in Clause 4, Article 4 of this Circular;

b) The competent authority confirms that the ship no longer complies with the provisions of the MLC 2006 Convention;

c) Change of flag state;

d) Change of ship owner;

đ) Change in structure, equipment, or method of compliance with the MLC 2006 Convention as prescribed.

2. The Vietnam Ship Registry shall revoke the Certificate of Compliance with Maritime Labour in the following cases:

a) The ship no longer has the ability to meet the conditions required by the law on maritime labour;

b) Forgery, erasure, or intentional distortion of information related to the Certificate of Compliance with Maritime Labour and the Declaration of Compliance with Maritime Labour Part II which have been approved.

Article 8. Inspection of Maritime Labour for Vietnamese Ships with a Gross Tonnage Less Than 500 GT Operating on International Routes

1. The Port Maritime Authority shall inspect the implementation of the law on maritime labour on Vietnamese ships with a gross tonnage less than 500 GT operating on international routes when they arrive at and depart from port waters under its jurisdiction.

2. In cases where the ship owner wishes to obtain the Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour, such procedures shall be carried out as for Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes as stipulated in Articles 3, 4, and 5 of this Circular.

3. The Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour issued to the ship owner as provided for in Clause 2 of this Article shall lose their effectiveness and be revoked according to the provisions of Articles 6 and 7 of this Circular.

Article 9. Fees and Charges for Issuing and Approving the Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour

Fees and charges for issuing and approving the Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour shall be implemented in accordance with the regulations of the Ministry of Finance.

Article 10. Responsibilities of Relevant Organizations and Individuals

1. Responsibilities of organizations and individuals whose ships have been approved the Declaration of Compliance with Maritime Labour and issued the Certificate of Compliance with Maritime Labour:

a) Present the Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour to the Port Maritime Authority and relevant agencies at the port when handling ship entry and exit procedures;

b) Comply strictly with the contents of the Declaration of Compliance with Maritime Labour, the Certificate of Compliance with Maritime Labour, and the provisions of the MLC 2006 Convention.

2. Responsibilities of the issuing, approving authorities of the Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour and the inspection of maritime labour:

a) Vietnam Maritime Administration, Vietnam Ship Registry: accept and process applications in accordance with the procedures, formalities, and time limits stipulated in this Circular; bear responsibility for the results of the examination of applications, approval, and issuance of the Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour.

b) Port Maritime Authority: inspect the implementation of the law on maritime labour for Vietnamese ships as prescribed.

3. Responsibilities of the Legal Affairs Department: take the lead and coordinate with relevant agencies to organize inspections and supervision of the issuance of the Certificate of Compliance with Maritime Labour, the Declaration of Compliance with Maritime Labour Part I, and the approval of the Declaration of Compliance with Maritime Labour Part II; promptly report to the Minister of Transport about any arising issues and propose appropriate solutions based on actual circumstances.

Article 11. Effective Date

This Circular takes effect from November 1, 2015, and replaces Circular No. 45/2013/TT-BGTVT dated November 19, 2013, issued by the Minister of Transport on the procedures for issuing, approving, and revoking the Declaration of Compliance with Maritime Labour and the Certificate of Compliance with Maritime Labour.

Article 12. Implementation Organization

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