Vietnam: Application and procedures for issuance of Declaration of Maritime Labour Compliance Part I

Specifically, according to Article 3 of Circular No. 43/2015/TT-BGTVT of the Ministry of Transport of Vietnam, Vietnam Maritime Administration issues Declarations of Maritime Labour Compliance Part I to Vietnamese ships of 500 GT or over engaged in international voyages. Application and procedures for issuance of Declaration of Maritime Labour Compliance Part I are as follows:

An application includes:

- An application form for Declaration of Maritime Labour Compliance Part I using the form prescribed in Appendix I of this Circular;

- 01 photocopy of the Certificate of Ship Registration;

- 01 commitment made by an organization or individual to take responsibility for the ship operation on behalf of the shipowner and perform all obligations of the shipowner as prescribed in MLC 2006 (if the shipowner is not the owner of the ship).

In case a shipowner authorizes a shipping enterprise to perform obligations on behalf of the shipowner to apply for Declaration of Maritime Labour Compliance Part I, apart from documents prescribed in Clause 2 of this Article, the shipping enterprise is required to submit: 01 photocopy of charterparty; 01 power of attorney using the form prescribed in Appendix II of this Circular.

Procedures: Each shipowner shall send 01 application for issuance of Declaration of Maritime Labour Compliance Part I directly or by post or in any other forms to Vietnam Maritime Administration.

Settling duration: Vietnam Maritime Administration shall receive, verify and process documents as follows:

- With regard to documents sent directly, Vietnam Maritime Administration shall issue a receipt of documents and a promissory to give results with the deadline prescribed in Point c of this Clause in case of sufficient documents; or Vietnam Maritime Administration shall instruct the shipowner to complete documents within the same working day in case of insufficient documents;

- With regard to documents received by post or any other forms, if the documents are not sufficient as prescribed, Vietnam Maritime Administration shall request the completion of documents within 02 working days from the day on which the documents are received;

- Within 05 working days, from the day on which the sufficient documents are received as prescribed, Vietnam Maritime Administration shall verify and issue 02 copies of Declaration of Maritime Labour Compliance Part I using the form prescribed in Appendix III herewith to the shipowner. If the application is rejected, they must provide an explanation in writing.

View more details at Circular No. 43/2015/TT-BGTVT of the Ministry of Transport of Vietnam, effective from November 01, 2015.

Le Hai

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