Circular No. 45/2013/TT-BGTVT on procedures for issuing, approving, and revoking the Declaration of Compliance with Maritime Labour Conditions and the Certificate of Maritime Labour Conditions

CIRCULAR

Regulations on procedures for issuing, approving, and revoking declarations of compliance with seafarers' labor conditions

and certificates of seafarers' labor h"Article 7. Specific Prices for Using Road Services

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Pursuant to the Maritime Code of Vietnam 2005;

Pursuant to Decreeand amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 2018249/2025/NĐ-CP dated December 20, 20251187/2013/NĐ-CP dated December 20of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs4. Circular No. 34/2013/TT-BGTVT dated October 15, 2013 of the Minister of the Ministry of Transport stipulating the tasks, powers, and organization of the Inspectorate of the Vietnam Maritime Administration.

/2013/QĐ-TTgNo. 547/2013/CT-TW dated December 3, 2025June 2024;3, 202513 of the President of the Socialist Republic of Vietnam regarding accession to the Maritime Labor Convention 2006.

the Director đat the proposal of the Department of International Cooperation, the Director of the Vietnam Maritime Administration, and the Director of the Vietnam Registration BureauinThis Circular stipulates the procedures for issuing, approving, and revoking declarations of compliance with seafarers' labor conditions and certificates of seafarers' labor according to the provisions of the Maritime Labor Convention 2006 (hereinafter referred to as the "MLC 2006") for Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes or operating from one port or between ports of another country.developmentThis Circular applies to organizations and individuals related to the issuance, approval, and revocation of declarations of compliance with seafarers' labor conditions and certificates of seafarers' labor.;

The Minister of Transport issues this Circular qu1. The shipowner is the person who owns the ship or another organization or individual such as the manager, agent, or bareboat charterer who is responsible for the operation of the ship on behalf of the shipowner and agrees to assume the obligations and responsibilities of the shipowner under the provisions of the MLC 2006, regardless of whether other organizations or individuals perform some of the shipowner's obligations and responsibilities on their behalf. approve, revoke the IssuedDeclaration of Seafarer Competency and the Seafarer Competency Certificate DECLARATION OF SEAFARER COMPETENCY AND SEAFARERứCOMPETENCY CERTIFICATE,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for issuing, approving, and revoking declarations of compliance with seafarers' labor conditions and certificates of seafarers' labor according to the provisions of the Maritime Labor Convention 2006 (hereinafter referred to as the "MLC 2006") for Vietnamese ships with a gross tonnage of 500 GT or more operating on international routes or operating from one port or between ports of another country.

a) National centralized procurement unit: A centralized procurement unit under the Ministry of Finance to perform the task of centralized procurement of assets within the national centralized procurement list (excluding medicines for human disease prevention and treatment, abbreviated as medicines);nationalThe amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

This Circular applies to organizations and individuals related to the issuance, approval, and revocation of declarations of compliance with seafarers' labor conditions and certificates of seafarers' labor.

Article 3. Explanation of Terms

1. The shipowner is the person who owns the ship or another organization or individual such as the manager, agent, or bareboat charterer who is responsible for the operation of the ship on behalf of the shipowner and agrees to assume the obligations and responsibilities of the shipowner under the provisions of the MLC 2006, regardless of whether other organizations or individuals perform some of the shipowner's obligations and responsibilities on their behalf.

2. Seafarers are those who meet the qualifications and standards required for their positions as prescribed and are assigned to work on ships, including the captain, officers, and other positions.

Chapter II

PROCEDURES FOR ISSUING, APPROVING, AND REVOKING DECLARATIONS OF COMPLIANCE WITH SEAFARERS' LABOR CONDITIONS AND CERTIFICATES OF SEAFARERS' LABOR

SEAFARER COMPETENCY AND SEAFARER COMPETENCY

CERTIFICATE

Article 4. Procedures for issuing Declaration of Compliance with Seafarers' Labor Conditions Part In lDeclaration of Seafarer Competency Part INo. Part II and the Seafarer

1. The Vietnam Maritime Administration issues the Declaration of Compliance with Seafarers' Labor Conditions Part I for Vietnamese ships.

2. The shipowner directly submits or sends through the postal system one set of documents to the Vietnam Maritime Administration requesting the issuance of the Declaration of Compliance with Seafarers' Labor Conditions Part I. The documents include:

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 Certificate of Ship Registration.

3. The Vietnam Maritime Administration receives, reviews the file, and processes as follows:

a) In case of direct submission, if the documents are complete, a receipt will be issued and the result will be returned within the specified time limit; if the documents are incomplete, a written notice will guide the shipowner to complete the documents.

b) In case of submission through the postal system, if the documents are incomplete, within two working days from the date of receiving the documents, the Vietnam Maritime Administration will issue a written request for supplementation and completion of the documents.

c) Within five working days from the date of receiving complete documents, the Vietnam Maritime Administration will review and issue the Declaration of Compliance with Seafarers' Labor Conditions Part I according to the model prescribed in Appendix II of this Circular and send two copies to the shipowner. If the Declaration of Compliance with Seafarers' Labor Conditions Part I is not issued, the Vietnam Maritime Administration must provide a written response to the shipowner stating the reasons.

Article 5. Approval procedures for Declaration of Compliance with Seafarers' Labor Conditions Part II and issuance of Seafarers' Labor CertificatesầCompetency Certificateof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs“5. Fund management companies must publish on their electronic information website on a weekly basis the tracking error (TE) between the net asset value of the index fund and the benchmark index, where the tracking error is determined according to the securities law regulations on index fund portfolio rebalancing. In cases where the tracking error exceeds the maximum limit set out in the fund’s charter, the fund management company has the responsibility to disclose the reasons, suspend fund share trading, or adjust the investment portfolio to address the situation in accordance with the fund’s charter.”of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairscertificate of seafarer's employment

1. The Vietnam Registration Bureau approves the Declaration of Compliance with Seafarers' Labor Conditions Part II and issues the Seafarers' Labor Certificate for Vietnamese ships.

2. The shipowner directly submits or sends through the postal system one set of documents to the Vietnam Registration Bureau requesting approval of the Declaration of Compliance with Seafarers' Labor Conditions Part II and issuance of the Seafarers' Labor Certificate. The documents include:

a) A request for approval of the Declaration of Compliance with Seafarers' Labor Conditions Part II and issuance of the Seafarers' Labor Certificate for ships according to the model prescribed in Appendix III of this Circular;

b) One Declaration of Compliance with Seafarers' Labor Conditions Part I already issued by the Vietnam Maritime Administration according to the model prescribed in Appendix II of this Circular;

c) One Declaration of Compliance with Seafarers' Labor Conditions Part II prepared by the shipowner according to the model prescribed in Appendix IV of this Circular;

d) One copy of the Seafarers' Employment Contract and Collective 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 case of direct submission, if the documents are complete, a receipt will be issued and the result will be returned within the time limit specified in point c of this clause; if the documents are incomplete, a written notice will guide the shipowner to complete the documents.

b) In case of submission through the postal system, if the documents are incomplete, within two working days from the date of receiving the documents, the Vietnam Registration Bureau will issue a written request for supplementation and completion of the documents.

c) Within five working days from the date of receiving complete documents as stipulated in Clause 2 of this Article, the Vietnam Registration Bureau must complete the review of the Declaration of Compliance with Seafarers' Labor Conditions Part II and accompanying explanatory documents; if the review results do not meet the requirements, it will require the shipowner to supplement and complete them.

d) If the review results of the Declaration of Compliance with Seafarers' Labor Conditions Part II meet the requirements, the Vietnam Registration Bureau will notify the shipowner to organize an assessment of the implementation of the Declaration of Compliance with Seafarers' Labor Conditions Part II and the provisions of the MLC 2006 on board the ship.

đ) If the assessment results on board the ship comply with the provisions of the MLC 2006, within one working day from the completion of the assessment, the Vietnam Registration Bureau will approve the Declaration of Compliance with Seafarers' Labor Conditions Part II and issue the Seafarers' Labor Certificate for the ship according to the model prescribed in Appendix V of this Circular and send it to the shipowner.

e) If the assessment results on board the ship do not comply with the provisions of the MLC 2006, within one working day from the completion of the assessment, the Vietnam Registration Bureau must provide a written response stating the reasons for not approving the Declaration of Compliance with Seafarers' Labor Conditions Part II and not issuing the Seafarers' Labor Certificate.

4. The validity period of the Seafarers' Labor Certificate is five (5) years on condition that the ship must undergo an intermediate inspection once within the period from the second annual expiration date to the third annual expiration date since the issuance of the Seafarers' Labor Certificate to ensure that the ship still meets the requirements of the Maritime Labor Convention 2006.

Article 6. Temporary Seafarers' Labor Certificatef) Handle issues related to the submission and receipt of statistical reports, ensuring the exploitation and use of related statistical data for units and individuals; record

1. A temporary Seafarers' Labor Certificate shall be issued in the following cases:

a) New ships handed over after construction;

b) Ships changing flag state;

c) Change of shipowner.

2. The shipowner shall directly send or through the postal service one (1) set of documents to the Vietnam Ship Registry requesting the issuance of a temporary Seafarers' Labor Certificate. The dossier includes:

a) The shipowner's application for a Seafarers' Labor Certificate according to the form prescribed in Appendix III of this Circular;

b) A copy of the Application for Issuance of the Seafarers' Labor Declaration Part I which has been submitted to the Vietnam Maritime Administration in accordance with Clause 2, Article 4 of this Circular;

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

a) In case of direct submission, if the documents are complete, a receipt will be issued and the result will be returned within the specified time limit; if the documents are incomplete, a written notice will guide the shipowner to complete the documents.

b) In case of submission through the postal system, if the documents are incomplete, within two working days from the date of receiving the documents, the Vietnam Registration Bureau will issue a written request for supplementation and completion of the documents.

c) Within five (5) working days from the date of receipt of a complete dossier as stipulated in Clause 2 of this Article, the Vietnam Ship Registry shall notify the shipowner to organize an inspection on board the vessel regarding the contents prescribed in Clause 4 of this Article;

d) If the inspection results on board the vessel comply with the provisions of the Maritime Labor Convention 2006, then within one (1) working day from the completion of the inspection, the Vietnam Ship Registry shall issue a temporary Seafarers' Labor Certificate according to the form prescribed in Appendix VI of this Circular and send it to the shipowner;

e) If the inspection results on board the vessel do not meet the provisions of the Maritime Labor Convention 2006, then within one (1) working day from the completion of the inspection, the Vietnam Ship Registry must respond in writing to the shipowner stating the reasons for not issuing a temporary Seafarers' Labor Certificate;

4. Contents of the inspection on board the vessel

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 Seafarers' Labor Certificate issued for one (1) ship is six (6) months.

Article 7. Loss of Effectiveness, Revocation of the Seafarers' Labor Declaration Part Inationalp Lao đng Movement

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

a) Change of ship name;

b) The ship changes its flag state.

2. In case of changes in the content of relevant regulatory legal documents mentioned in the Seafarers' Labor Declaration Part I, the Vietnam Maritime Administration has the obligation to guide adjustments and amendments to the Seafarers' Labor Declaration Part I to be consistent.

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 8. Loss of Effectiveness, Revocation of the Seafarers' Labor Certificate

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

a) Failure to complete the intermediate inspection within the time limit prescribed in Clause 4, Article 5 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 9. Fees and Charges for Issuing and Approving the Seafarers' Labor Declaration and the Seafarers' Labor Certificate hải and the Seafarers' Labor Certificate

Fees and charges for issuing and approving the Seafarers' Labor Declaration and the Seafarers' Labor Certificate shall be implemented in accordance with the regulations of the Ministry of Finance.

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IMPLEMENTATION

Article 10. Responsibilities of Relevant Organizations and Individuals

1. Responsibilities of organizations and individuals owning ships approved for the Seafarers' Labor Declaration and the Seafarers' Labor Certificate:

a) Present the Seafarers' Labor Declaration and the Seafarers' Labor Certificate to the Port Maritime Office and related agencies at the port when handling entry and exit procedures for the ship;

b) Comply strictly with the contents of the Seafarers' Labor Declaration and the Seafarers' Labor Certificate.

2. Responsibilities of the agency receiving and processing the dossier:

a) Carry out the receipt and processing of the dossier in accordance with the procedures, formalities, and time limits prescribed in this Circular;

b) Bear responsibility for the outcome of the dossier review, approval, and issuance of the Seafarers' Labor Declaration and the Seafarers' Labor Certificate.

3. Inspection and Supervision Responsibilities:

The Legal Department shall be responsible for organizing inspections on the issuance of the Seafarers' Labor Certificate, the Seafarers' Labor Declaration Part I, and the approval of the Seafarers' Labor Declaration Part II, promptly reporting to the Minister of Transport about any arising issues and proposing appropriate solutions based on actual conditions.

Article 11. Effectiveness

1. This Circular takes effect from January 5, 2014.

2. This Circular is accompanied by six (6) Appendices, specifically as follows:

a) Appendix I: Sample of the Application for Issuance of the Seafarers' Labor Declaration Part I;

b) Appendix II: Sample of the Seafarers' Labor Declaration Part I;

c) Appendix III: Sample of the Application for Approval of the Seafarers' Labor Declaration Part II and Issuance of the Seafarers' Labor Certificate;

d) Appendix IV: Sample of the Seafarers' Labor Declaration Part II;

đ) Appendix V: Sample of the Seafarers' Labor Certificate;

e) Appendix VI: Sample of the Temporary Seafarers' Labor Certificate.

Article 12. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, 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.