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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
17/2017/TT-BGTVT
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Hanoi, May 31,
2017
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CIRCULAR
REQUIREMENTS FOR
FOREIGN SEAFARERS WORKING ONBOARD VIETNAMESE-FLAGGED SHIPS
Pursuant to the Maritime
Code of Vietnam dated November 25, 2015;
Pursuant to the International
Convention on Standards of Training, Certification and Watchkeeping for
Seafarers in 1978, as amended;
Pursuant to the Maritime Labour Convention in
2006 by the International Labour Organization;
Pursuant to the Government’s
Decree No. 12/2017/ND-CP dated February 10, 2017
defining the Functions, Tasks, Powers and Organizational Structure of Ministry
of Transport;
At the requests of Director of Organization and Personnel
Department and Director of Vietnam Maritime
Administration;
Minister of Transport promulgates this Circular
to announce requirements for foreign seafarers working onboard Vietnamese-flagged ships.
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GENERAL PROVISIONS
Article 1. Scope
This Circular deals with requirements
for foreign seafarers working onboard Vietnamese-flagged
ships.
Article 2. Regulated entities
This Circular applies to foreign seafarers who work onboard Vietnamese-flagged
ships and concerned agencies, entities and individuals.
Article 3. Interpretation of terms
In this document, these terms are
construed as follows:
1. Vietnamese-flagged ship means
a ship which has been registered in the Vietnam National Ships Registration
Book or permitted by an overseas Vietnamese mission to provisionally fly the
Vietnamese flag.
2. Foreign seafarer refers
to a seafarer who has foreign nationality.
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4. Endorsement attesting
the recognition of Certificate of professional competence means a document
granted by the Director of the Vietnam Maritime Administration to
a foreign seafarer who possesses a Certificate of professional competence
granted under regulations in the STCW Convention to work onboard a
Vietnamese-flagged ship.
Chapter II
FOREIGN SEAFARERS WORKING ONBOARD VIETNAMESE-FLAGGED
SHIPS
Article 4. Requirements for
foreign seafarers working onboard Vietnamese-flagged ships
1. General requirements:
A foreign seafarer must:
a) meet all standards of seafarer’s health and
working age under prevailing regulations;
b) possess a working permit
granted by a competent authority of Vietnam, except for exemption cases as
regulated by the labour law;
c) have a seafarer’s employee agreement signed in
accordance with regulations of the law of Vietnam and in conformity with the
Maritime Labour Convention in 2006 by the International Labour Organization;
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dd) have his name specified in the register of
seafarers;
e) be assigned to hold a position onboard a ship.
2. Professional requirements:
A foreign seafarer working onboard a Vietnamese-flagged ship must possess a
Certificate of professional competence issued by the competent authority of
Vietnam or of the State or the territory that has entered into an agreement
with Vietnam on recognition of certificates of professional competence issued
by the competent authority of such State or territory. If a foreign seafarer
possesses a Certificate of professional competence issued by the
competent authority of the State or the territory that has
entered into an agreement with Vietnam on recognition of certificates of
professional competence issued by the competent authority of such State or
territory, he must obtain an endorsement attesting the recognition of Certificate of professional competence.
3. Foreign seafarers who
undergo practical training onboard Vietnamese-flagged ships must satisfy all of
requirements specified in Points a, b, c, d, dd Clause 1 of this Article and
possess Certificate of professional training issued by the competent authority
of Vietnam or the competent authority of the State or the
territory that has entered into an agreement with Vietnam
on recognition of certificates of professional competence issued by the
competent authority of such State or territory in conformity with the
type of practicing ship.
Article 5. Responsibility of ship owners
employing foreign seafarers
1. Instruct foreign seafarers
to work onboard Vietnamese-flagged ships in accordance with relevant
regulations of the law of Vietnam and international treaties to
which Vietnam is a signatory.
2. Fulfill all obligations as
agreed upon and specified in the seafarer's employment agreements, as regulated
by the law of Vietnam and international treaties to which Vietnam
is a signatory.
3. Electronically update
information about dates of starting and ending service, and position of each
seafarer working onboard a Vietnamese-flagged ship under his management on the
seafarers database of the Vietnam Maritime Administration,
and assume responsibility for provided information.
4. Timely report any matters
relating to the use of foreign seafarers working onboard Vietnamese-flagged ships to the Vietnam
Maritime Administration and regulatory authorities of Vietnam.
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1. Fulfill all obligations as agreed upon and specified in the seafarer's employment agreement.
2. Strictly comply with
relevant regulations of the law of Vietnam and international treaties to which Vietnam is a signatory as well
as the law of the State where the ship arrives.
Chapter III
IMPLEMENTARY PROVISIONS
Article 7. Effect
1. This Circular takes effect as from July 15, 2017.
2. Decision No. 47/2005/QD-BGTVT
dated September 23, 2005 by Minister of Transport regarding requirements
for Vietnamese seafarers working onboard foreign ships and those for foreign
seafarers working onboard Vietnamese-flagged ships is
abrogated.
Article 8. Implementation
organization
1. The Vietnam
Maritime Administration shall take charge of and cooperate with relevant agencies, entities and individuals in implementing this Circular.
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MINISTER
Truong Quang Nghia