Decision No. 47/2005/QĐ-BGTVT stipulates the conditions for Vietnamese seafarers working on foreign ships and foreign seafarers working on Vietnamese ships.

DECISION OF THE MINISTER OF TRANSPORT

Specifies the conditions for Vietnamese seafarers working on foreign-flagged vessels

and foreign seafarers working on Vietnamese-flagged vessels

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 Vietnam Maritime Administration and the Head of the Cadre and Civil Servant Organization Department,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decision stipulates the conditions for Vietnamese seafarers working on foreign-flagged vessels and foreign seafarers working on Vietnamese-flagged vessels.

Article 2. Applicability

This Decision applies to Vietnamese seafarers working on foreign-flagged vessels, foreign seafarers working on Vietnamese-flagged vessels, and other relevant agencies, organizations, and individuals.

Article 3. Application of laws

Vietnamese seafarers working on foreign-flagged vessels and foreign seafarers working on Vietnamese-flagged vessels must comply with the provisions of this Decision and other related laws of Vietnam, as well as international treaties to which the Socialist Republic of Vietnam is a party.

Article 4. Definitions

In this Decision, the following terms shall be understood as follows:

1. A foreign-flagged vessel is a vessel registered under the flag of a foreign country.

2. The contract for leasing Vietnamese seafarers is a written agreement between the organization exporting Vietnamese seafarers (hereinafter referred to as the lessor of Vietnamese seafarers) and a foreign organization or individual (hereinafter referred to as the lessee of Vietnamese seafarers).

3. Vietnamese seafarers are Vietnamese citizens who meet the conditions to work on foreign-flagged vessels as prescribed by this Decision.

4. Foreign seafarers are foreign citizens who meet the conditions to work on Vietnamese-flagged vessels as prescribed by this Decision.

Article 5. Handling violations and resolving complaints, denunciations, and lawsuits

1. Any violation of the provisions of this Decision shall be dealt with according to the severity of the violation in accordance with the law.

2. Complaints, denunciations, lawsuits, and other issues arising from Vietnamese seafarers working on foreign-flagged vessels and foreign seafarers working on Vietnamese-flagged vessels shall be resolved in accordance with the law.

Chapter II

VIETNAMESE SEAFARERS WORKING

ON FOREIGN FLAGGED VESSELS

Article 6. Conditions for Vietnamese seafarers working on foreign-flagged vessels

1. Possessing adequate health, professional skills, professional certificates, and being within the legal working age as prescribed by Vietnamese law.

2. Holding a seafarer's passport.

3. Having a labor contract as stipulated in Article 7 of this Decision.

4. Other conditions as prescribed by Vietnamese law regarding labor for Vietnamese workers abroad.

Article 7. Contract for leasing Vietnamese seafarers

1. Vietnamese seafarers may work on foreign-flagged vessels through a labor contract with the lessor of Vietnamese seafarers or by signing an individual labor contract with the lessee of Vietnamese seafarers.

2. Registration of labor contracts sending Vietnamese seafarers to work on foreign-flagged vessels and individual labor contracts shall be carried out in accordance with Vietnamese law regarding labor for Vietnamese workers abroad.

3. The contract for leasing Vietnamese seafarers and the labor contract shall include the following basic contents:

a) Name and address of the lessee of Vietnamese seafarers and the lessor of Vietnamese seafarers;

b) Name and address of the seafarer;

c) Working conditions on the vessel;

d) Duration of leasing the seafarer;

đ) Wages, bonuses, meals, and other expenses of the seafarer;

e) Benefits and insurance levels of the seafarer;

g) Obligations and rights of the lessor of Vietnamese seafarers, the lessee of Vietnamese seafarers, and the seafarer;

h) Duties of the seafarer according to their position on board.

Article 8. Responsibilities of the lessor of Vietnamese seafarers

1. Investigating, exploiting, transacting, and negotiating with the lessee of Vietnamese seafarers about leasing Vietnamese seafarers to work on foreign-flagged vessels in compliance with Vietnamese law, international treaties to which Vietnam is a party, and international maritime customs and practices.

2. Guiding Vietnamese seafarers on Vietnamese law, international law, and the law of the country where the seafarer signs the labor contract, which relates to the rights and obligations of the seafarer, and only dispatching Vietnamese seafarers to work on foreign-flagged vessels when they meet the conditions stipulated in Article 6 of this Decision.

3. Ensuring the rights of Vietnamese seafarers when dispatching them to work on foreign-flagged vessels in accordance with the law.

4. Ensuring the implementation of clauses in the labor contract and the contract for leasing Vietnamese seafarers.

5. Maintaining regular contact with seafarers and promptly guiding seafarers on how to resolve issues arising from the time they start working on foreign-flagged vessels until the end of the labor contract.

6. Resolving disputes arising from the implementation of labor contracts with Vietnamese seafarers or contracts for leasing Vietnamese seafarers.

7. Relating to international organizations and associations related to seafarers to protect the rights of Vietnamese seafarers when working on foreign-flagged vessels.

8. Reporting annually to the Vietnam Maritime Administration on January 15 and July 15 about the situation of leasing Vietnamese seafarers to work on foreign-flagged vessels.

In case of issues arising from the use of Vietnamese seafarers working on foreign-flagged vessels, timely reports must be made to the Vietnam Maritime Administration and the competent authority of Vietnam.

Article 9. Responsibilities of Vietnamese seafarers

Vietnamese seafarers working on foreign-flagged vessels have the responsibility to:

1. Fully perform all obligations signed in the labor contract;

2. Diligently perform tasks assigned according to their position on board;

3. Fully comply with international law and the law of the country where the seafarer serves and the vessel visits;

4. Maintain communication with the lessor of Vietnamese seafarers and follow the guidance of the lessor of Vietnamese seafarers on resolving issues arising during work on foreign-flagged vessels.

Chapter III

FOREIGN SEAFARERS WORKING

ON VIETNAMESE FLAGGED VESSELS

Article 10. Conditions for foreign seafarers working on Vietnamese ships

1. Possessing adequate health, professional qualifications corresponding to the position assigned on the ship, and within the age range stipulated by Vietnamese law.

2. Holding valid professional certificates issued by competent authorities of their home country. These certificates must clearly state that they were issued in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995, and must be confirmed by the Vietnam Maritime Administration for such certificates.

In cases where the professional certificate of a foreign seafarer is issued by a competent Vietnamese authority in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995, confirmation is not required.

3. Holding a seafarer's passport or seaman’s book or passport issued by the competent authority of the country of which the seafarer is a national.

4. Holding a seaman’s book issued by a competent Vietnamese authority.

5. Having a seafarer employment contract.

Article 11. Responsibilities of the employer of foreign seafarers

1. Guiding foreign seafarers working on Vietnamese ships to comply with relevant provisions of Vietnamese law.

2. Applying for confirmation of professional certificates and registering foreign seafarers working on Vietnamese ships in accordance with the law.

3. Reporting annually to the Vietnam Maritime Administration on January 15 and July 15 regarding the situation of using foreign seafarers working on Vietnamese ships.

In case of any issues arising related to the use of foreign seafarers working on Vietnamese ships, timely reports must be made to the Vietnam Maritime Administration and relevant Vietnamese authorities.

Article 12. Responsibilities of foreign seafarers

1. Fulfilling obligations as agreed in the seafarer employment contract.

2. Diligently performing tasks assigned according to the position assigned on the ship.

3. Strictly adhering to relevant provisions of Vietnamese law, international treaties to which Vietnam is a party, and laws of the countries where the ship arrives.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effectiveness

This Decision takes effect from January 1, 2006 and replaces Decision No. 4131/2001/QĐ-BGTVT dated December 5, 2001 of the Minister of Transport concerning Vietnamese seafarers working on foreign ships and foreign seafarers working on Vietnamese ships.

Article 14. Implementation

The Director of the Office, Heads of Departments, Directors of the Vietnam Maritime Administration, and relevant agencies, organizations, and individuals are responsible for implementing this Decision./.