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THE MINISTER OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No. 47/2005/QD-BGTVT
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Hanoi,
September 23, 2005
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DECISION
PROVIDING CONDITIONS FOR
VIETNAMESE CREWMEN WORKING ONBOARD FOREIGN SEAGOING SHIPS AND FOREIGN CREWMEN
WORKING ONBOARD VIETNAMESE SEAGOING SHIPS
THE
MINISTER OF TRANSPORT
Pursuant to the Vietnam Maritime Code of June
14, 2005;
Pursuant to the Government Decree No. 34/2003/ND-CP of April 4, 2003, defining
the functions, tasks, powers and organizational structure of the Ministry of
Transport;
At the proposal of the director of Vietnam Maritime Administration and the
director of the Department for Organization and Personnel,
DECIDES:
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope of regulation
This Decision provides the conditions for
Vietnamese crewmen working onboard foreign seagoing ships and foreign crewmen
working onboard Vietnamese seagoing ships.
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This Decision applies to Vietnamese crewmen
working onboard foreign seagoing ships, foreign crewmen working onboard
Vietnamese seagoing ships, as well as other relevant agencies, organizations
and individuals.
Article
3. Application of law
Vietnamese crewmen working onboard foreign
seagoing ships and foreign crewmen working onboard Vietnamese seagoing ships
must abide by the provisions of this Decision, other relevant provisions of
Vietnamese law, and treaties to which the Socialist Republic of Vietnam is a
contracting party.
Article
4. Interpretation of terms
In this Decision, the terms below are construed
as follows:
1. Foreign seagoing ships are ships having
registered to fly foreign flags.
2. A contract on the hire of Vietnamese crewmen
is a contract entered into in writing by an organization exporting Vietnamese
crewmen (hereinafter referred to as hirer-out of Vietnamese crewmen) and
foreign organization or individual (hereinafter referred to as hire of
Vietnamese crewmen).
3. Vietnamese crewmen are Vietnamese citizens
who fully meet the conditions for working onboard foreign seagoing ships
according to the provisions of this Decision.
4. Foreign crewmen are foreign citizens who
fully meet the conditions for working onboard Vietnamese seagoing ships
according to the provisions of this Decision.
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1. All acts of violating the provisions of this
Decision shall, depending on their seriousness, be handled according to the
provisions of law.
2. Complaints, denunciations, lawsuits, and
problems related to Vietnamese crewmen working onboard foreign seagoing ships
or foreign crewmen working onboard Vietnamese seagoing ships shall be settled
according to the provisions of law.
Chapter
II
VIETNAMESE
CREWMEN WORKING ONBOARD FOREIGN SEAGOING SHIPS
Article
6. Conditions for Vietnamese crewmen working onboard a foreign
seagoing ships
1. Being physically fit, having professional
competence and certificates, and being of working age under the provisions of
Vietnamese law.
2. Having crewmans passports.
3. Having labor contracts as specified in
Article 7 of this Decision.
4. Other conditions as provided for by law on
Vietnamese laborers working in foreign countries.
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1. Vietnamese crewmen may work onboard foreign
seagoing ships under labor contracts signed with their hirers-out or under
individual labor contracts signed with their hirers.
2. The registration of labor contracts on
sending crewmen to work onboard foreign seagoing ships or individual labor
contracts shall comply with the provisions of law on Vietnamese laborers
working in foreign countries.
3. Contracts on the hire of Vietnamese crewmen
and labor contracts shall each consists of the following principals contents:
a. Names and addresses of the hirer and
hire-out;
b. Name and address of the crewmen;
c. Working conditions on the seagoing ship;
d. Duration of hiring the crewman;
dd. Wage, bonuses, mean allowances and other
expenses for the crewman;
e. Insurance regime and level applicable to the
crewman;
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h. Tasks according to the job title of the
crewman onboard the ship.
Article
8. Responsibilities of hirers-out of Vietnamese crewmen
1. To explore, negotiate and agree with hirers
of Vietnamese crewmen on the hire of Vietnamese crewmen to work onboard foreign
seagoing ships in compliance with the provisions of Vietnamese law, treaties to
which Vietnam is a contracting party, as well as international maritime rules
and practice.
2. To provide Vietnamese crewmen with guidance
on the provisions of Vietnamese law, international law and laws of the
countries where such crewmen sign labor contracts, which are related to their
interests and obligations, and to send Vietnamese crewmen to work onboard
foreign seagoing ships only when such crewmen fully meet the conditions set in
Article 6 of this Decision.
3. To guarantee the interests of Vietnamese
crewmen when sending them to work onboard foreign seagoing ships according to
the provisions of law.
4. To ensure the implementation of the
provisions of the signed labor contracts and contracts on the hire of crewmen.
5. To keep regular contacts with crewmen,
provide them with timely instructions on measures to settled arising problems
after sending them to work onboard foreign seagoing ships until their labor
contracts terminate.
6. To settle arising disputes with the hirers of
Vietnamese crewmen in the course of performance of the labor contracts signed
with Vietnamese crewmen or contracts on the hire of crewmen.
7. To keep relationships with international
crewmen-related organizations or associations in order to protect interests of
Vietnamese crewmen working onboard foreign seagoing ships.
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Any arising problems related to the employment
of Vietnamese crewmen working onboard foreign seagoing ships must be promptly
reported to Vietnam Maritime Administration and competent Vietnamese agencies.
Article
9. Responsibilities of Vietnamese crewmen.
Vietnamese crewmen working onboard foreign
seagoing ships shall have the responsibilities:
1. To fulfill their obligations stated in the
signed labor contracts;
2. To perform with due diligence the assigned
tasks according to their job titles onboard their ships;
3. To fully abide by the provisions of
international law and laws of the countries where such crewmen serve and where
their ships call at;
4. To keep contacts with their hirers-out and
follow the latters instructions in settling problems arising in the period they
work onboard foreign seagoing ships.
Chapter
III
FOREIGN
CREWMEN WORKING ONBOARD VIETNAMESE SEAGOING SHIPS
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1. Being physical fit, having professional
competence suitable to their job titles onboard seagoing ships, and being
working age provided for by Vietnamese law.
2. Having adequate professional certificates
granted by competent foreign agencies. Such certificates must clearly be
written as having been granted under the 1978 International Convention on
Standards of Training, Certification and Watchkeeping for Fishing Crewmen,
which was revised in 1995, and must also be certified in writing by Vietnam
Maritime Administration.
Where professional certificates of foreign
crewmen are granted by competent Vietnamese agencies under the 1978
International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Crewmen, which was revised in 1995, such certification
is not required.
3. Having crewmans passports or crewmans books,
or passports granted by competent agencies of the countries where such crewmen
are nationals.
4. Having crewmans books granted by competent
Vietnamese agencies.
5. Having contracts on the hire of crewmen.
Article
11. Responsibilities of hirers of foreign crewmen
1. To guide foreign crewmen working onboard
Vietnamese seagoing ships in strictly abiding by the relevant provisions of
Vietnamese law.
2. To apply for certification of professional
certificates and registration of foreign crewmen working onboard Vietnamese
seagoing ships according the provisions of law.
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Any arising problems related to the employment
of foreign crewmen working onboard Vietnamese seagoing ships must be promptly
reported to Vietnam Maritime Administration and competent Vietnamese agencies.
Article
12. Responsibilities of foreign crewmen
1. To fulfill the obligations as agreed upon in
their hire contracts
2. To perform with due diligence the assigned
task strictly according to their job titles onboard their ships.
3. To strictly abide by relevant provisions of
Vietnamese law, treaties to which Vietnam is a contracting party, and laws of
the countries where their ships call at.
Chapter
IV
IMPLEMENTATION
PROVISIONS
Article
13. Implementation effect
This Decision takes effect as from January
1,2006, and replaces the Transport Ministers Decision No. 4131/2001/QD-BGTVT of
December 5, 2001, regarding Vietnamese crewmen working onboard foreign seagoing
ships and foreign crewmen working onboard Vietnamese seagoing ships.
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The director of the Office, directors of departments,
the director of Vietnam Maritime Administration, as well as concerned agencies,
organizations and individuals shall have to implement this Decision.
THE MINISTER OF TRANSPORT
Dao Dinh Binh