Thông tư 05/2012/TT-BGTVT

CIRCULAR

ON HOURS OF WORK AND REST OF SEAFARERS WORKING ON VIETNAMESE SHIPS

Pursuant to the Maritime Code of dated June 14^th 2005;

Pursuant to the Labor Code dated June 23^rd 1994, the Law on the amendments to the the Labor Code dated November 29^th 2006 and the Law on the amendements to Article 73 of the Labor Code dated February 02^nd 2007;

Pursuant to the Government's Decree No. 109/2002/ND-CP dated December 27^th 2002 on the amendments to the Government's Decree No. 195/CP dated December 31^st 1994 elaborating and providing guidance on the implementation of of the Labor Code on hours of work and rest;

Pursuant to the Government's Decree No. 51/2008/ND-CP dated April 22^nd 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, amended in 2010, to which Vietnam is a signatory;

The Minister of Transport issues  Circular on hours of work and rest of seafarers working on Vietnamese ships,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This Circular specifies the hours of work and hours of rest of seafarers working on Vietnamese ships (hereinafter referred to as seafarers).

Article 2. Interpretation of terms

in this Circular, the terms below are construed as follows:

1. “Hours of work” meas the time during which a seafarer is required to do work on the ship.

2. “Hours of rest" means the time outside hours of work; this period does not include breaks

Chapter 2.

HOURS OF WORK AND REST OF SEAFARERS WORKING ON VIETNAMESE SHIPS

Article 3. Hours of work

1. Seafarers shall work by shift. These shifts are maintained throughout 24 hours in a day, including weekends and public holidays.

2. Maximum hours of work

a) 14 hours of work in any 24-hour period;

b) 72 hours of work in any 7-day period.

3. In an emergency relating to the security and safety of the ship, the people or goods on the ship; in an rescue of another ship or people on the sea; the master is entitled to request seafarers to work anytime.  After the tasks in an emergency are performed and the situation is under control, the master shall ensure that the seafarers that perform their task during their rest periods are given adequate compensatory hours of rest as prescribed in Clause 1 Article of this Circular.

4. The hours of work of seafarers must be specified in the table of shipboard working arrangement according to Appendix I to this Circular. The table of shipboard working arrangement shall be made in both Vietnamese and English, and put up where it is noticeable. Each seafarer shall be given a copy of this table bearing the signature of the master or authorized person the signature of the seafarer.

Article 4. Hours of rest

1. Minimum hours of rest:

a) 10 hours of rest in any 24-hour period;

b) 77 hours of rest in any 7-day period.

2. The hours of rest in any 24-hour period shall be divide into 2 periods, one of which shall be at least 6 hours in length and the interval between two consecutive periods of rest shall not exceed 14 hours.

3. In an emergency or other important events such as musters, firefighting drills, lifeboat drills or other drills, the master may arrange hours of rest without regard to Clause 1 of this Article, but this arrangement must minimize the disturbance of the rest periods, does not induce fatigue. Seafarers shall be granted adequate compensatory rest period to ensure it is not shorter than 70 hours in any 7-day period.

a) The exeption to hours of rest in Point b Clause 1 of this Article must not be repeated in any 2-week period. The interval between two exceptions shall not be shorter than twice the length of the previous period to which an exception is made;

The hours of rest in Point a Clause 1 of this Article may be divide into no more than three 3 periods, one of which shall be at least 6 hours in length and one of the two remaining periods shall be at least 1 hour in length. The interval between 2 consecutive periods shall not exceed 14 hours. The exceptions shall not exceed two 24-hour periods in any 7-day period.

4. The hours of rest of seafarers shall be specified in the Record of hours of rest according to Appendix II to this Circular. This Record shall be made in both Vietnamese and English, and put up in where it is noticeable. Each seafarer shall be given a copy of this Record bearing the signature of the master or authorized person the signature of the seafarer.

Chapter 3.

IMPLEMENTATION

Article 5. Effect

1. This Circular takes effect after 45 days from the day on which it is signed.

2. The Circular No. 20/2001/TT-GTVT of the Minister of Transport providing guidance on hours of work and rest of seafarers and the regulations at odds with this Circular are annulled.

3. 02 Appendixes attached to this Circular include:

a) Appendix I: Table of shipboard working arrangements;

b) Appendix II: Records of hours of rest.

Article 6. Implementation

1. Vietnam Maritime Administration shall cooperate with relevant agencies in the implementation of this Circular.

2. The Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors of Departments, the Director of Vietnam Maritime Administration, Directors of relevant agencies and involved individual are responsible for the implementation of this Circular.

APPENDIX I

(to the Circular No. 05/2012/TT-BGTVT dated March 06^th 2012 of the Minister of Transport)

BẢNG GHI THỜI GIỜ LÀM VIỆC TRÊN TÀU
(TABLE OF SHIPBOARD WORKING ARRANGEMENTS)

Tên tàu: ……………………                              Số IMO:……………………..             Cảng Dăng ký: …………………..                          Ngày:…….....
Name of ship                                                     IMO Number                                     Port of Registry                                                     Date

Giờ nghỉ ngơi tối thiểu của thuyền viên Dược áp dụng phù hợp với Công ước quốc tế về tiêu chuẩn huấn luyện, cấp chứng chỉ và trực ca của thuyền viên, 1978, và những sửa Dổi 2010 (Công ước STCW)
The minimum hours of rest are applicable in accordance with the International Convention and Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended 2010 (STCW Convention)

Giờ nghỉ ngơi tối thiểu: Giờ nghỉ ngơi tối thiểu sẽ không ít hơn: 10 giờ trong khoảng thời gian 24 giờ liên tục; và 77 giờ trong khoảng thời gian 7 ngày liên tục.
Minimum Hours of Rest: Minimum Hours of Rest shall not be less than: 10 hours in any 24 hours period; and 77 hours in any 7 days period.

Ghi chú:.............................................................................................................................................................................
Remarks

APPENDIX II

(to the Circular No. 05/2012/TT-BGTVT dated March 06^th 2012 of the Minister of Transport)

BẢNG GHI THỜI GIỜ NGHỈ NGƠI TRÊN TÀU
(RECORD OF HOURS OF REST)

Tên tàu: ……………………                              Số IMO:……………………..             Cờ quốc tịch:...........……………..
Name of Ship                                                    IMO Number                                   Flag of Ship

Thuyền viên (họ và tên):..................................
Seafarer (full name):

Tháng, năm: .....................................................
Month and year

Dánh dấu “X” vào khoảng thời gian nghỉ ngơi, hoặc dùng Dường kẻ liên tục
Please mark periods of rest with an “X”, or using a continuous line

Tôi cam Doan rằng bảng ghi thời giờ nghỉ ngơi của thuyền viên trên là chính xác.
I agree that this record is an accurate reflection of the hours of rest of the seafarer concerned.

Tên/chữ ký của thuyền trưởng hoặc người Dược ủy quyền:..............................................
Name/Signature of Master of Authorized Person

Bản sao của bảng ghi chép này phải Dược gửi tới thuyền viên (A copy of this record is to be given to the seafarer).