Thông tư 17/2017/TT-BGTVT

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.

Chapter I

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.

3. Professional certificates mean certificates granted to seafarers under regulations in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers in 1978, as amended (hereinafter referred to as "STCW Convention”). Professional certificates consist of: Certificate of professional competence and Certificate of professional training.

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;

d) have a passport issued by the competent authority of the seafarer’s State of nationality;

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.

Article 6. Responsibility of foreign seafarers working onboard Vietnamese-flagged ships

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.

2. Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry, Director of the Vietnam Maritime Administration, heads of relevant agencies and entities and relevant individuals shall be responsible for implementing this Circular./.