Quyết định 1221/QD-TTg

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,

DECIDES:

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.

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)

I. OBJECTIVES, REQUIREMENTS

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.

II. CONTENT OF PLAN

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;

i) To invest in construction of public welfare infrastructure under roadmap meeting the cultural, entertainment and news demand to crewmembers at seaports as prescribed by the MLC 2006. Implementation duration: From 2013 to 2020;

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.

- To coordinate with the Ministry of Transport and relevant agencies in guiding, examining, supervising application of provisions of the MLC 2006.

- 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:

- To assume the prime responsibility for, and coordinate with the Ministry of Transport and other relevant agencies in balancing, allocating funding from budget for implementation of tasks, programs carrying out this Plan in accordance with law.

- 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.

2. To assign the Ministry of Transport to do as a standing agency in implementing the MLC 2006 which have task of consulting the Government, the Prime Minister in organizing, directing, urging and examining implementation of this Plan in nationwide.

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.