Vietnam: Application and procedures for issuance of Maritime Labour Certificate

According to Circular No. 43/2015/TT-BGTVT of the Ministry of Transport of Vietnam, Vietnam Maritime Administration approves Declarations of Maritime Labour Compliance Part II and issues Maritime Labour Certificates to Vietnamese ships of 500 GT and over engaged in international voyages. Application for approval for Declaration of Maritime Labour Compliance Part II and issuance of Maritime Labour Certificate are specified as follows:

An application includes:

- 01 application form using the form prescribed in Appendix IV herewith;

- 01 photocopy of Declaration of Maritime Labour Compliance Part I issued by Vietnam Maritime Administration;

- 01 Declaration of Maritime Labour Compliance Part II made by the shipowner using the form prescribed in Appendix V herewith;

- 01 photocopy of valid seafarers’ employment agreement and 01 photocopy of valid collective bargaining agreement;

- 01 photocopy of procedures for maritime labor management of the shipowner.

Procedures: Each ship owner shall send 01 application for approval for Declaration of Maritime Labour Compliance Part II and issuance of Maritime Labour Certificate directly or by post or in any other forms to the Vietnam Register.

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

- With regard to directly-sending documents, Vietnam Maritime Administration shall issue a receipt of documents and a result promissory with deadline prescribed in Point c of this Clause in case of sufficient documents; or Vietnam Maritime Administration shall instruct 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 in Clause 2 of this Article, Vietnam Maritime Administration shall complete the verification of documents; if the documents are unsatisfactory, the shipowner is required to complete;

- If documents are satisfactory, the Vietnam Register shall notify the shipowner of assessment of implementation of Declaration of Maritime Labour Compliance Part II and provisions of MLC 2006;

- If the ship comply with requirements of MLC 2006, within 01 working day, from the date on which the assessment is completed, Vietnam Maritime Administration shall approve Declaration of Maritime Labour Compliance Part II and issue Maritime Labour Certificate to the ship using the form prescribed in Appendix VI herewith and send them to the shipowner;

- If the ship fails to comply with requirements of MLC 2006, within 01 working day from the date on which the assessment is completed, the application shall be rejected and Vietnam Maritime Administration shall provide explanation in writing.

Note: The validity period of Maritime Labour Certificate is 05 years provided that the ship is undergone at least one intermediate inspection which takes place between the second and third anniversary dates of the certificate from the date on which the Maritime Labour Certificate is issued to ensure that the ship complies with requirements of MLC 2006.

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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