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MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
38/2017/TT-BTC
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Hanoi,
April 28, 2017
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CIRCULAR
GUIDANCE ON PAYMENT
OF COSTS OF REPATRIATION OF SEAFARERS
Pursuant to the Maritime Code of
Vietnam No.95/2015/QH13 dated November 25, 2015
by the National Assembly;
Pursuant to the Government’s
Decree No. 121/2014/ND-CP dated December 24, 2014 elaborating certain articles of the Maritime Labour Convention
in 2006 with respect of working conditions for seafarers on board a ship;
Pursuant to the Government’s
Decree No. 215/2013/ND-CP dated December 23, 2013 defining Functions, Tasks,
Powers and Organizational Structure of Ministry of Finance;
Pursuant to Decision No. 119/2007/QD-TTg
dated July 25, 2007 by the Prime Minister on
the establishment of the Fund for
Assisting Overseas Vietnamese Citizens and Legal Entities;
At the request of Director of
Department of Public Expenditure;
Minister of Finance promulgates this Circular to
provide guidance on payment of costs of repatriation of seafarers.
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GENERAL PROVISIONS
Article 1. Scope and regulated
entities
1. Scope:
This Circular provides guidance on payment of costs
of repatriation of seafarers who work on board Vietnamese-flagged ships (other
than military ships, public vessels and fishing vessels) operating on
international voyages under regulations in the Maritime Code of Vietnam in
2015; defines shipowners’ responsibility to cover cost of repatriation of their
seafarers and responsibility of competent authorities of Vietnam to arrange for
repatriation of seafarers.
2. Regulated entities:
a) Seafarers working on board
Vietnamese-flagged ships operating on international voyages;
b) Owners of
Vietnamese-flagged ships operating on international vogages;
c) Competent authorities, entities and individuals
involved in arrangements for reparation of seafarers working on
board Vietnamese-flagged ships.
Chapter II
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Article 2. Cost of repatriation of seafarers
covered by shipowners
1. Shipowners are responsible
for making arrangements for repatriation of seafarers in cases prescribed in
Clause 2 Article 61 and Clause 1 Article 66 of the Maritime Code of Vietnam and
making full payment of cost of repatriation as regulated by law.
In case seafarers themselves arrange for
repatriation, the costs incurred by repatriating seafarers shall be recoverable
from the shipowner according to spending contents prescribed in Clause 2 of
this Article.
2. The costs
to be borne by the shipowner for repatriation include:
a) The cost of passage to the repatriation destination
as specified in the contract.
b) The cost of accommodation and food from the
moment the seafarer leaves the ship until he reaches the repatriation
destination. The payment of accommodation and food cost shall be made according
to actual invoices provided that the sum shall not exceed the levels prescribed
in Decision No. 43/2012/QD-TTg dated October 12, 2012 by the Prime Minister on change of heading and amendments to
Article 1 of Decision No. 234/2005/QD-TTg dated September
26, 2005 by the Prime Minister on particular policies for
workers and officials working in certain sectors at state-owned enterprises.
c) The pay and travel
allowance from the moment the seafarer leaves the ship until he reaches the
repatriation destination. The above pay and travel allowance shall be paid
under provisions in the signed contract.
d) The cost of transportation of up to 30 kg of the
seafarer’s personal luggage to the repatriation destination according to actual
invoice.
dd) The cost of medical treatment when necessary
until the seafarer is medically fit to travel to the repatriation destination
according to actual invoice.
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1. Shipowners shall provide financial security to ensure the payment of
repatriation cost to seafarers.
Shipowners are required to obtain the bank
guarantee for the payment of repatriation cost to seafarers. In
case a shipowner is financially incapable or is unable to make full payment of
the cost of repatriation to seafarers, the credit institution or the branch of
foreign bank that gives guarantee to the shipowner shall make payment of the
cost of repatriation to seafarers. In such case, the shipowner is considered as
debtor and assumes responsibility to pay debt to such credit institution or the
branch of foreign bank under regulations of the law on bank guarantee.
2. The guarantee fee shall be
subject to the agreement between the credit institution or the branch of
foreign bank and the shipowner. Guarantee fee may be charged on each ship or
entire ships owned by a shipowner.
Chapter III
ARRANGEMENTS FOR REPATRIATION OF SEAFARERS BY
COMPETENT AUTHORITIES, COST FINALIZATION AND RECOVERY OF COST PAID BY THE FUND
FOR ASSISTING OVERSEAS VIETNAMESE CITIZENS AND LEGAL ENTITIES
Article 4. Arrangements for repatriation of
seafarers by competent authorities
1. If a shipowner fails to
make arrangements for and pay the cost of repatriation of seafarers, the
shipowner may request competent authorities of Vietnam in the host country to
arrange for repatriation of seafarers.
2. In case where the time
limit for repatriation specified in the employment contract is over but the
shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers, seafarers concerned may
request competent authorities of Vietnam in the host country to
arrange for and pay costs of repatriation of seafarers.
Article 5. Authorities
competent to arrange for repatriation of seafarers
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2. Funds for making
arrangements for repatriation of seafarers shall be advanced from the Fund for Assisting Overseas Vietnamese Citizens and Legal Entities
(or "FAOV" for short) after the shipowner has paid a deposit or
made a written commitment to refund the cost of repatriation of seafarers or
the shipowner presents the written bank guarantee of a credit institution of a
branch of foreign bank for ensuring payment of such costs.
Advancing the money from the FAOV to cover the cost
of repatriation of seafarers shall be made under regulations in the Circular
No. 92/2013/TT-BTC dated July 08, 2013 by Ministry
of Finance providing for financial management of the Fund for
Assisting Overseas Vietnamese Citizens and Legal Entities.
3. Shipowners are responsible
for refunding the FAOV costs of repatriation of seafarers paid by the FAOV. In
case a shipowner fails to make such payment, the credit
institution or the branch of foreign bank that gives guarantee to such
shipowner shall assume responsibility to make payment of cost of repatriation
to the FAOV.
4. Applications for
repatriation are sent to Overseas Missions under regulations adopted by
Minister of Foreign Affairs.
Article 6. Finalization of cost
Based on actually completed tasks, the Overseas
Missions shall prepare and send accounting dossier to the FAOV, including: The
application for repatriation made by the seafarer concerned; the written
request for cost finalization enclosed with spending contents and receipts under
regulations herein.
Article 7. Recovery of costs paid by the FAOV
1. Within 10 working days from
the receipt of the notice of recovery of cost of repatriation of seafarers from
the FAOV, the shipowner concerned shall make full payment of cost of repatriation
of seafarers according to the FAOV’s notice by bank transfer to the following
account of the FAOV:
- Account name: Fund for
Assisting Overseas Vietnamese Citizens and Legal Entities.
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- Telephone: 04.38489064.
- Account in VND: 122 0202 005 149, opened at Agribank – Long Bien Branch;
address: 562 Nguyen Van Cu Street, Long Bien District, Hanoi City.
2. In case a shipowner fails to make
payment of cost of repatriation of seafarers
according to the FAOV’s notice, the FAOV shall send a
written request to the credit institution or the branch of
foreign bank that gives guarantee to such shipowner to make payment of
such cost. Within 10 working days from the receipt of the
FAOV’s written request for payment of cost of repatriation of
seafarers, the the credit institution or the branch of foreign bank must
make full payment of cost of repatriation of seafarers as
requested by the FAOV.
3. The late payment or failure
to make payment shall be handled in accordance with regulations in Clause 4
Article 5 of the Circular No. 92/2013/TT-BTC dated July 08, 2013
by Ministry of Finance providing for financial management of the Fund for
Assisting Overseas Vietnamese Citizens and Legal Entities.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 8. Cooperation between relevant
competent authorities
1. Ministry of Transport
a) Disseminate obligations and responsibility of
shipowners for assuring the repatriation of Vietnamese seafarers to shipowners
under regulations in this Circular and other relevant laws.
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2. Ministry of Foreign Affairs
a) Promulgate regulations on application and
procedures for repatriation of seafarers.
b) Instruct Overseas Missions to timely conduct
procedures for making arrangements for repatriation of seafarers upon the
receipt of their application for repatriation.
3. Ministry of Finance:
Ensure the operating funding of the FAOV under
prevailing regulations.
Article 9. Effect
1. This Circular takes effect as from
July 01, 2017.
2. If referred legislative documents specified in this Circular are amended or superseded, the new
ones shall be applied.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Finance
for consideration./.
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PP
MINISTER
DEPUTY MINISTER
Tran Xuan Ha