Circular 43/2019/TT-BGTVT amending Circular 17/2017/TT-BGTVT stipulating conditions for foreign seafarers to work on board Vietnamese ships issued by the Minister of Transport

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF CIRCULAR NO. 17/2017/TT-BGTVT DATED MAY 31, 2017 OF MINISTER OF TRANSPORT REGULATING REQUIREMENTS FOR FOREIGN SEAFARERS’ ELIGIBILITY FOR WORKING ON BOARD VIETNAMESE-FLAG SHIPS

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 and other amendments thereto;

Pursuant to the Maritime Labour Convention, 2006 of the International Labour Organization;

Pursuant to the Government’s Decree No.11/2016/ND-CP dated February 3, 2016 elaborating on implementation of certain articles of the Labor Code regarding foreign workers in Vietnam;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, duties, powers and organizational structure of the Ministry of Transport;

Upon the request of the Director of the Department of Organization and Personnel, and the Director of Vietnam Maritime Administration;

Minister of Transport hereby promulgates the Circular on amendments and supplements to several Articles of Circular No. 17/2017/TT-BGTVT dated May 31, 2017 of Minister of Transport regulating requirements for foreign seafarers’ eligibility for working on board Vietnamese-flag ships.

Article 1. Amendments and supplements to several Articles of Circular No. 17/2017/TT-BGTVT dated May 31, 2017 of Minister of Transport regulating requirements for foreign seafarers’ eligibility for working on board Vietnamese-flag ships

1. Amending and supplementing clause 4 of Article 3 as follows:

“Endorsement of Certificate of Professional Competence refers to a written document that Vietnam Maritime Administration, or a Maritime Department or a Maritime Administration authorized by Vietnam Maritime Administration issues to a foreign seafarer certificated by competent entities of countries or territories with which Vietnam has signed agreements on endorsement of professional certificates to qualify for serving on board Vietnamese-flag ships.  

2. Adding clause 5 to Article 3 as follows:

“5. Sea time refers to time that a seafarer spends on working, performing internship duties, holding posts or serving as cadets on board a ship.

3. Amending and supplementing point a, b, c and d of clause 1 of Article 4 as follows:

“a) meet all standards of seafarer’s health and working age under Vietnam’s labor legislation;

b) possess a working permit, or a written document confirming his/her exemption from a work permit, granted by the Employment Department under the management of the Ministry of Labour, War Invalids and Social Affairs, or provincial Departments of Labour, War Invalids and Social Affairs;

c) have a seafarer’s employment contract signed in accordance with regulations of the law of Vietnam and in conformity with the 2006 Maritime Labour Convention by the International Labour Organization. Such employment contract must be consistent with the work permit or the written document confirming exemption from a work permit;

d) hold the passport which is at least 6 months left to the expiry date and is issued by a competent regulatory authority in his/her home country;”.

4. Amending and supplementing clause 2 of Article 4 as follows:

“2. Professional requirements:

a) A foreign seafarer working onboard a Vietnamese-flagged ship must possess a Certificate issued by the competent authority of Vietnam or of the State or the territory that has entered into an agreement with Vietnam on endorsement of certificates. If a foreign seafarer possesses a Certificate issued by the competent authority of the State or the territory that has entered into an agreement with Vietnam on endorsement of certificates issued in conformance to principles II/1, II/2, II/3, II/4, II/5, III/1, III/2, III/3, III/4, III/5, III/6, III/7, IV/2, V/1-1 and V/1-2 of the STCW, he/she must obtain an endorsement of Certificate of professional competence;

b) Experience: He/she must spend the sea time extending the minimum period of 36 months.”

5. Supplementing clause 4 of Article 5 as follows:

“4. Decide or authorize the master to decide whether Vietnamese or English will be the dominant language used on board a ship. Usage of another language on board a ship shall be subject to the ship owner's decision. The dominant language used on board the ship must be clearly specified in the nautical logbook.”

6. Adding clause 3 to Article 6 as follows:

“3. When serving on board a Vietnamese-flagged ship, in addition to documents, papers and certificates prescribed in Vietnamese laws and relevant international conventions, a foreign seafarer shall be obliged to carry seafarer's employment contract, work permit or written document confirming exemption from work permit (certified true copies or original copies) for administrative inspections carried out by competent regulatory authorities where necessary."

Article 2. Entry into force

This Circular shall enter into force on August 1, 2020.

Article 3. Implementation responsibilities

1. Vietnam Maritime Administration shall be responsible for presiding over or cooperating with relevant entities in implementation of this Circular.

2. The Chief of the Ministry’s Office, the Ministry’s Chief Inspector, department or administration Directors, Director of the Vietnam Maritime Administration, Heads of entities, organizations and individuals concerned, shall be responsible for implementing this Circular./.

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