Thông tư 38/2017/TT-BTC

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