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THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 1221/QD-TTg
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Hanoi, July
25, 2013
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DECISION
APPROVING PLAN ON
IMPLEMENTATION OF THE MARITIME LABOR CONVENTION 2006
THE PRIME MINISTER
Pursuant to the Law on organization of
Government dated December 25, 2001;
Pursuant to the Law on conclusion, accession to
and implementation of treaties dated June 14, 2005;
Pursuant to the maritime labor convention 2006;
Pursuant to the Decision No. 547/2013/QD-CTN,
dated March 22, 2013, of the president on accession to the maritime labor
convention 2006;
At the proposal of Minister of Transport,
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Article 1. To approve plan on implementation
of the maritime labor convention 2006 (hereinafter abbreviated to the MLC 2006)
of the International Labor Organization (ILO) enclosed with this Decision.
Article 2. This Decision takes effect on the
date of its signing.
Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, presidents of People’s Committees of provinces
and central-affiliated cities, heads of relevant agencies and units shall be
responsible for execution of this Decision.
THE PRIME
MINISTER
Nguyen Tan Dung
PLAN
ON IMPLEMENTATION OF
THE MARITIME LABOR CONVENTION 2006
(Promulgated together with the Decision No. 1221/QD-TTg dated July 25, 2013
of the Prime Minister)
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1. Objectives
a) To implement fully and completely provisions of
the maritime labor convention 2006 (MLC 2006) of which Vietnam is a member, in
order to assure legal rights and benefits of crewmembers, improve quality of
contingent of crewmembers for effective development of Vietnam’s maritime ships
team.
b) To develop the human resource of maritime in
accordance with the MLC 2006 in order to raise safety and quality of
international maritime transport.
2. Requirements
a) The plan implementation must be synchronous,
conformable with the Strategy on development of Vietnamese human resources
during 2011-2020 (promulgated together with the Decision No. 579/2011/QD-TTg,
dated April 19, 2011 of the Prime Minister), contents, development orientations
of Vietnam’s maritime ships team by 2020 under the approved planning on
development of Vietnam maritime transport by 2020 and orientated till 2030.
b) The implementation of Convention must ensure
harmony and uniformity with provisions of international convention on man’s
life safety on sea of 1974 already amended and supplemented (SOLAS),
international Convention on Standard of coaching, training and granting
professional certificates and watchkeeping of crewmembers of 1978 already
amended and supplemented (STCTW) and the international Convention on petrol
contamination prevention from maritime ships of 1973 and the protocol of 1978
already amended and supplemented (MARPOL) of which Vietnam is a member.
c) Ministries, agencies, localities assigned the
main responsibility or coordination in implementing the tasks stated in the
Plan must proactively and positively build program, plan and carry out properly
schedule, ensure quality and effectiveness.
d) To assure the close relationship and synchronous
coordination between Ministries, agencies, localities, timely solve or report
competent authorities to solve difficulties, problems arising during course of
plan implementation;
e) The propagation, popularization, guide on
implementation of the MLC 2006 and law on maritime labor must be conducted
regularly, consecutively and timely.
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1. Tasks:
a) To complete system of domestic legal documents
on maritime labor in order to carry out fully and completely provisions and
standards of the MLC 2006, in which concentrate in formulating the Decree on
maritime labor. Implementation duration: From 2013 to 2015;
b) TO carry out examination, assessment and grant
of certificates for ships at the request of the MLC, including maritime labor
certificate (MLC) and Declaration of Maritime Labor Compliance (DMLC). Implementation
duration: In 2013;
c) To formulate system of examination and
supervision aiming to implement obligation on seaport state inspection
applicable to maritime ships bearing foreign nationality going out and in
Vietnam’s seaports. To formulate system of measures ensuring execution of
provisions in Convention, including examination, control in order to implement
national responsibility for ships bearing Vietnamese flag, and responsibility
of countries possessing seaports. Implementation duration: From 2013 to
2014;
d) To invest in development of information
technology system in order to meet requirements of Convention, to create the
smooth information combination between state management agencies and relevant
organizations and individuals. Implementation duration: From 2013 to 2015;
dd) To formulate database on maritime labor
according to guide of the international labor organization (ILO).
Implementation duration: From 2013 to 2015;
e) To set up a consulting mechanism by a
three-party Council in order to solve problems during the course of
implementation of convention. Members of a three-party Council will include
representatives of the Ministry of Transport and the Ministry of Labor -
Invalids and Social Affairs (as representatives of Government), the Vietnam
Chamber of Commerce and Industry (as representative of the employer) and the
Vietnam General Confederation of Labor (as representative of the employee), the
three-party council operates on a part-time and ad hoc basis. Implementation
duration: In 2013;
g) To establish the Steering Board to carry out
Convention, included relevant Ministries and sectors and the leader of the
Transport Ministry is head of the steering board. Implementation duration:
In 2013;
h) To propagate, popularize content of the MLC 2006
to maritime transport enterprises, facilities of training, coaching and
supplying crewmembers, facilities of ship building, and Vietnamese crewmembers
and maritime laborers. Implementation duration: From 2013 to 2014;
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k) Periodically report to the International Labor
Organization (ILO) about result of MLC 2006 implementation. To strengthen
cooperation with the International Labor Organization (ILO), the International
Maritime Organization (IMO), the World Health Organization (WHO) and other
international organizations aiming to exchange information, technical support,
train civil servants, public employees in charge of management and contingent
of officers, crewmembers and transfer technologies involving implementation of
the MLC 2006; to push the bilateral cooperation with member countries of
Convention to consult experiences and make use of help and technical support of
these countries. Implementation duration: annually.
2. Responsibilities
and assignment for implementation
a) The Ministry of Transport:
- To assume the prime responsibility for, and
coordinate with the relevant Ministries, sectors and agencies in implementing
the tasks stated in item 1, except for the tasks assigned for other Ministries
or sectors to preside over;
- To act as focal agency in presiding over
organization of the three-party consulting mechanism as prescribed by the MLC
2006;
- To guide, examine, supervise application of
provisions of the MLC 2006 in Vietnam, report to the Prime Minister about problems
falling beyond its authority.
b) The Ministry of Labor - Invalids and Social
Affairs:
- To coordinate with the Ministry of Transport and
relevant agencies in amending and supplementing legal documents on maritime
labor as well as in carrying out the tasks stated in item 1.
- To coordinate with the Ministry of Transport and
relevant agencies in implementing the three-party consulting mechanism as
prescribed by the MLC 2006.
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- To preside over formulation and promulgation of
national regulations and guidance on labor safety management, health protection
and occupational accident allowance for persons working on board.
- To preside over study, formulation and submission
to competent authorities for amending and supplementing voluntary social
insurance policy applicable to laborers in non-official area (included maritime
laborers).
- To coordinate with the Ministry of Transport in
periodically reporting to the International Labor Organization (ILO) about
result of MLC 2006 implementation.
c) The Ministry of Health:
- To assume the prime responsibility for, and
coordinate with the Ministry of Transport and relevant agencies in amending and
supplementing legal documents on health standards and health care for
crewmembers.
- To publish list of health examination
establishments, doctors licensed for health examination to crewmembers and
establishments supplying advisory services of health care for crewmembers
working on board in Vietnam and other countries.
d) The Ministry of Foreign Affairs:
- To notify the International Labor Organization
about issue that Vietnam commits to assure for implementation of three social
welfare elements for maritime laborers in conformity with provisions of the MLC
2006, including: (i) health care; (ii) occupational accident allowance; (iii)
pension allowance.
dd) The Ministry of Finance:
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- To preside over stipulating of charges, fees of
certificate grant in conformity with provisions of the MLC 2006.
e) The Vietnam Chamber of Commerce and Industry: To
appoint representative to participate in the three-party Council and coordinate
with concerned agencies in carrying out provisions of the MLC 2006 and relevant
legal documents to enterprises of maritime transport.
g) The Vietnam General Confederation of Labor: To
appoint representative to participate in the three-party Council and coordinate
with concerned agencies in guiding and supervising implementation of provisions
of the MLC 2006 and relevant legal documents to maritime laborers.
h) Establishments of training, coaching and
supplying crewmembers are responsible for proactively formulating the contents
and plans to implement provisions of the MLC 2006.
j) Maritime transport enterprises are responsible
for proactively formulating the contents and plans to implement specifically at
the request of the MLC 2006.
III. ASSURANCE FOR EXPENDITURE
The state budget shall cover expenditure for
implementation of this Plan in accordance with Law on state budget. Annually,
Ministries, Central agencies shall proactively make budget estimates to assure
for expenditure of Ministries, their agencies, submit to competent authorities
for approval. Especially in 2013, Ministries, Central agencies and localities
shall proactively allocate fund in State budget estimates assigned in 2013 for
task implementation.
IV. ORGANIZATION OF IMPLEMENTATION
1. The Ministries, sectors and concerned agencies
shall, within scope of their functions and tasks, proactively supplement the
task of execution of the MLC 2006 to their programs and work plans.
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3. Annually, the Ministry of Transport shall assume
the prime responsibility for, and cooperate with the Ministry of Labor –
Invalids and Social Affairs in reporting to the Government about results of MLC
2006 implementation.