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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
43/2019/TT-BGTVT
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Hanoi, November
7, 2019
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CIRCULAR
AMENDMENTS
AND SUPPLEMENTS TO SEVERAL ARTICLES OF CIRCULAR NO. 17/2017/TT-BGTVT DATED MAY
31, 2017 OF MINISTER OF TRANSPORT REGULATING REQUIREMENTS FOR FOREIGN
SEAFARERS’ ELIGIBILITY FOR WORKING ON BOARD VIETNAMESE-FLAG SHIPS
Pursuant to the Maritime Code of Vietnam dated
November 25, 2015;
Pursuant to International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers (STCW),
1978 and other amendments thereto;
Pursuant to the Maritime Labour Convention, 2006
of the International Labour Organization;
Pursuant to the Government’s Decree
No.11/2016/ND-CP dated February 3, 2016 elaborating on implementation of
certain articles of the Labor Code regarding foreign workers in Vietnam;
Pursuant to the Government’s Decree No.
12/2017/ND-CP dated February 10, 2017 on functions, duties, powers and
organizational structure of the Ministry of Transport;
Upon the request of the Director of the
Department of Organization and Personnel, and the Director of Vietnam Maritime
Administration;
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Article 1. Amendments and
supplements to several Articles of Circular No. 17/2017/TT-BGTVT dated May 31,
2017 of Minister of Transport regulating requirements for foreign seafarers’
eligibility for working on board Vietnamese-flag ships
1. Amending and supplementing clause 4 of Article 3
as follows:
“Endorsement of Certificate of Professional
Competence refers to a written document that Vietnam Maritime
Administration, or a Maritime Department or a Maritime Administration
authorized by Vietnam Maritime Administration issues to a foreign seafarer
certificated by competent entities of countries or territories with which
Vietnam has signed agreements on endorsement of professional certificates to
qualify for serving on board Vietnamese-flag ships.
2. Adding clause 5 to Article 3 as follows:
“5. Sea time refers to time that a seafarer
spends on working, performing internship duties, holding posts or serving as
cadets on board a ship.
3. Amending and supplementing point a, b, c and d
of clause 1 of Article 4 as follows:
“a) meet all standards of seafarer’s health and
working age under Vietnam’s labor legislation;
b) possess a working permit, or a written document
confirming his/her exemption from a work permit, granted by the Employment
Department under the management of the Ministry of Labour, War Invalids and
Social Affairs, or provincial Departments of Labour, War Invalids and Social
Affairs;
c) have a seafarer’s employment contract signed in
accordance with regulations of the law of Vietnam and in conformity with the
2006 Maritime Labour Convention by the International Labour Organization. Such
employment contract must be consistent with the work permit or the written
document confirming exemption from a work permit;
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4. Amending and supplementing clause 2 of Article 4
as follows:
“2. Professional requirements:
a) A foreign seafarer working onboard a
Vietnamese-flagged ship must possess a Certificate issued by the competent
authority of Vietnam or of the State or the territory that has entered into an
agreement with Vietnam on endorsement of certificates. If a foreign seafarer
possesses a Certificate issued by the competent authority of the State or the
territory that has entered into an agreement with Vietnam on endorsement of
certificates issued in conformance to principles 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 and V/1-2 of the
STCW, he/she must obtain an endorsement of Certificate of professional
competence;
b) Experience: He/she must spend the sea time
extending the minimum period of 36 months.”
5. Supplementing clause 4 of Article 5 as follows:
“4. Decide or authorize the master to decide
whether Vietnamese or English will be the dominant language used on board a
ship. Usage of another language on board a ship shall be subject to the ship
owner's decision. The dominant language used on board the ship must be clearly
specified in the nautical logbook.”
6. Adding clause 3 to Article 6 as follows:
“3. When serving on board a Vietnamese-flagged
ship, in addition to documents, papers and certificates prescribed in
Vietnamese laws and relevant international conventions, a foreign seafarer
shall be obliged to carry seafarer's employment contract, work permit or
written document confirming exemption from work permit (certified true copies
or original copies) for administrative inspections carried out by competent
regulatory authorities where necessary."
Article 2. Entry into force
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Article 3. Implementation
responsibilities
1. Vietnam Maritime Administration shall be
responsible for presiding over or cooperating with relevant entities in
implementation of this Circular.
2. The Chief of the Ministry’s Office, the
Ministry’s Chief Inspector, department or administration Directors, Director of
the Vietnam Maritime Administration, Heads of entities, organizations and
individuals concerned, shall be responsible for implementing this Circular./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Van Cong