Vietnam: Cases where seafarers are eligible for repatriation

According to Article 8 of Decree No. 121/2014/NĐ-CP of Vietnam’s Government, the shipowner shall assume the responsibility to make arrangements for and to meet the cost of repatriation of seafarers in the following circumstances:

- The seafarers’ employment agreement expires;

- The seafarer suffers from illness or injury resulted from an occupational accident, which requires his/her repatriation;

- The event of shipwreck occurs;

- The sale of ship or change of ship's registration is made;

- The ship is bound for a war zone to which the seafarer does not consent to go;

- The repatriation in other cases is made upon agreements between the seafarer and the shipowner.

Note: The shipowner must not pay the cost of repatriation of the seafarer who is sacked due to his serious default of employment obligations or who early terminates the seafarers’ employment agreement inconsistently with applicable laws.

Moreover, repatriation of seafarers must also comply with the following regulations:

- The costs to be borne by the shipowner for the repatriation include the following:

+ Passage to the destination selected for repatriation;

+ Accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination;

+ Pay and allowances from the moment the seafarers leave the ship until they reach the repatriation destination;

+ Transportation of up to 30 kg of the seafarers’ personal luggage to the repatriation destination; and

+ Medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination.

- Shipowners take responsibility for repatriation arrangements by appropriate and expeditious means. The repatriation destination is the place prescribed in the seafarers’ employment agreement or the seafarer’s place of residence. Seafarers are entitled to claim the repatriation within a maximum period of 01 year from the date of repatriation.

- Shipowners take the responsibility to keep on board the ship a copy of the applicable regulations on repatriation, and make it available to seafarers.

- Shipowners are required to provide financial security to ensure that seafarers are duly repatriated in accordance with this Decree.

- If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated, the competent authority of Vietnam shall arrange for repatriation of the seafarers concerned and recover costs incurred in repatriating such seafarers from the shipowner.

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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