Vietnam: 02 cases where shipowners shall not incur costs relating seafarers

According to Decree No. 121/2014/NĐ-CP of Vietnam’s Government, shipowners shall not incur costs relating seafarers in the following circumstances:

- The seafarer incurs injury otherwise than in the service of the ship;

- The seafarer incurs injury or sickness due to his/her willful misconduct.

Except for the two cases above, when a seafarer suffers from occupational accidents or diseases, the shipowner must:

- Be liable to make copayments and bear the costs of medical services which are not covered by the health insurance funding, including medical treatment, surgical operations, hospital accommodation, necessary medicines and equipment, and board and lodging away from home of seafarers occurring from the date of commencing duty until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character.

- Pay full wages as defined in the seafarers’ employment agreement while the sick or injured seafarer receives medical treatment.

- Be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement.

- Take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin.

Besides, shipowners or ships’ matters shall take responsibility for reporting occupational accidents in accordance with labor regulations to the authority of the nearest port if the ship is operating within a port waters of Vietnam, or to the Vietnam Maritime Administration if the ship is at sea, or to the competent diplomatic mission of Vietnam if the ship is operating in a foreign country.

Note: Investigation, statistics and reporting on occupational accidents and diseases shall be carried out in accordance with regulations on labor and labor safety.

View more details at Decree No. 121/2014/NĐ-CP of Vietnam’s Government, effective from March 01, 2015.

Le Hai

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