Circular No. 43/2019/TT-BGTVT amending and supplementing certain provisions of Circular No. 17/2017/TT-BGTVT dated May 31, 2017 of the Minister of Transport on conditions for foreign seafarers working on Vietnamese ships.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 17/2017/TT-BGTVT
dated May 31 2017 2017 issued by the Minister of Transport on conditions for foreign seafarers working on Vietnamese ships
Pursuant to the Maritime Labor Convention 2006 of the International Labour Organization;
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Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;

Pursuant to Decree No. 11/2016/NĐ-CP dated February 3, 2016 of the Government detailing certain provisions of the Labor Code regarding foreign labor working in Vietnam;

The Minister of Transport hereby issues this Circular amending and supplementing certain Articles of Circular No. 17/2017/TT-BGTVT dated May 31, 2017 of the Minister of Transport on conditions for foreign seafarers working on Vietnamese ships.

Pursuant to Decree No.The Minister of Transport issues this Circular regulating the forms of certificates and logbooks for technical safety and environmental protection issued to ships, floating docks, floating storage units, mobile platforms, inland waterway vessels, and industrial products used for inland waterway vessels.

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

Article 1. Amending and supplementing certain Articles of Circular No. 17/2017/TT-BGTVT dated May 31, 2017 of the Minister of Transport on conditions for foreign seafarers working on Vietnamese ships    

"4. Certificate of recognition of the Seafarer's Certificate of Competency is a document issued by the Vietnam Maritime Administration or a branch maritime administration or a port maritime administration authorized by the Vietnam Maritime Administration to issue to foreign seafarers holding a certificate of competency issued by a competent authority of a country or territory with which Vietnam has concluded an agreement on the recognition of certificates of competency, to work on Vietnamese ships."

1. Amending and supplementing Clause 4 of Article 3 as follows:

"5. Sea service time is the period during which seafarers work, undergo training, hold positions, or intern on board ships.

2. Supplement Clause 5 of Article 3 as follows:

3. Amending and supplementing points a, b, c, and d of Clause 1, Article 4 as follows:

"a) Meeting the health standards for seafarers and ensuring the working age as prescribed by Vietnamese labor laws;

b) Holding a work permit or a document confirming exemption from obtaining a work permit issued by the Employment Agency under the Ministry of Labor, Invalids and Social Affairs or provincial Departments of Labor, Invalids and Social Affairs;

c) Having a seafarer employment contract in accordance with Vietnamese laws and complying with the Maritime Labor Convention 2006 of the International Labour Organization. The seafarer employment contract must be consistent with the work permit or the document confirming exemption from obtaining a work permit;

d) Holding a passport valid for at least six months issued by the competent authority of the country of which the seafarer is a national;"

4. Amending and supplementing Clause 2, Article 4 as follows:

"2. Professional qualifications:

a) Holding a professional qualification certificate issued by a competent authority of Vietnam or a competent authority of a country or territory with which Vietnam has concluded an agreement on the recognition of professional qualification certificates. In cases where the professional qualification certificate is issued by a competent authority of a country or territory with which Vietnam has concluded an agreement on the recognition of professional qualification certificates according to Rules II/1, II/2, II/3, II/4, II/5, III/1, III/2, III/3, III/4, III/5, III/6, III/7, IV/2, V/1-1, V/1-2 of the STCW Convention, a Certificate of Recognition of the Seafarer's Certificate of Competency must also be held;

b) Experience: having at least 36 months of sea service time."

5. Supplementing Clause 4, Article 5 as follows:

"4. Determining or delegating the ship captain to determine the common language used on board the ship in Vietnamese or English. If another language is used, the ship owner shall make specific determinations. The language used on board the ship must be clearly recorded in the ship's logbook."

6. Supplementing Clause 3, Article 6 as follows

"3. When working on Vietnamese ships, in addition to the documents, certificates, and professional qualification certificates required by Vietnamese laws and relevant international conventions, they must prepare a seafarer employment contract, work permit, or document confirming exemption from obtaining a work permit (certified copy or original) to serve the inspection work of competent authorities when necessary."

2. The Director of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.

Article 2. Effective Date

This Circular takes effect from August 1, 2020.

Article 3. Implementation Organization

1. The Vietnam Maritime Administration is responsible for organizing the implementation of this Circular in coordination with related agencies and organizations.

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