Is it compulsory for shipowners to buy insurance for crewmembers in Vietnam?
Is it compulsory for shipowners to buy insurance for crewmembers in Vietnam? What are requirements for crewmembers in Vietnam?
Hello Lawnet, I have just applied to be a crewmember on an offshore fishing boat. The owner has also agreed and signed a contract with me. On the news, there were many accidents happening while fishing offshore. I feel that insurance for crewmembers is necessary if there is an accident. Do the ship owners have to buy insurance for me or do I have to buy those insurances myself? Thank you!
Is it compulsory for shipowners to buy insurance for crewmembers in Vietnam?
Pursuant to Article 73 of the Law on Fisheries in 2017 stipulating rights and responsibilities of shipowners in Vietnam as follows:
1. Shipowners are entitled to choose eligible inspecting organizations or individual for commercial fishing vessel registration.
2. Shipowners shall comply with regulations on inspecting commercial fishing vessels.
3. Shipowners shall ensure working and living conditions, safety, legal rights and interests of and labor allowances for crewmembers.
4. Shipowners shall assign ship officers according to the minimum safe manning levels in accordance with regulations issued by the Minister of Agriculture and Rural Development.
5. Shipowners shall buy accident insurance and other compulsory insurance for crewmembers in accordance with regulations of law. And cover necessary travel and subsistence expenses arising from the repatriation of ship owners and crewmembers that are requested to leave their commercial fishing vessels by the masters.
6. Shipowners shall take responsibility for violations of regulations on illegal commercial fishing.
As regulations above, your shipowner shall buy accident insurance and other compulsory insurance for crewmembers in accordance with regulations of law. In your case, you may request your shipowner to buy insurances to ensure your benefits.
What are requirements for crewmembers in Vietnam?
Pursuant to Article 74 of the Law on Fisheries in 2017 stipulating crewmembers in Vietnam as follows:
1. Crewmembers shall satisfy the following requirements:
a) They are Vietnamese citizens or foreigners allowed to work on commercial fishing vessels;
b) They have ID cards, passports or other identity documents as prescribed by law;
c) They satisfy health and working age requirements;
d) They have degrees or certificates suitable for their positions.
2. Crewmembers are entitled to:
a) Have their labor allowances and legal rights and benefits ensured when they work on commercial fishing vessels in accordance with regulations of labor law;
b) Refuse to work on commercial fishing vessels which are ineligible for ensuring safety;
c) Hold appropriate positions on commercial fishing vessels.
3. Crewmembers shall:
a) Comply with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.
b) Follow the masters’ orders; actively prevent accidents happened to themselves and other crewmembers and incidents happened to commercial fishing vessels;
c) Immediately notice the masters or people on watch of dangers on their commercial fishing vessels;
d) Comply with regulations on labor law.
4. The Minister of Agriculture and Rural Development shall prescribe positions and duties of each position; manning level of ship officers on commercial fishing vessels; standards of competence and certificates of ship officers’ competency; registration of ship officers and directories of ship officers; standards of foreign ship officers working on Vietnamese commercial fishing vessels.
Above are requirements for crewmembers in Vietnam.
Best regards!
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