Vietnam: Hours of work and hours of rest of seafarers

According to Decree No. 121/2014/NĐ-CP of Vietnam’s Government, hours of work and hours of rest of seafarers are prescribed as follows:

- Hours of work shall be arranged according to the shift-work system, providing uninterrupted 24-hour performance of duties every day, including weekly days of rest and public holidays.

- Hours of rest shall be regulated as follows:

+ Minimum hours of rest shall not be less than 10 hours in any 24-hour period, and 77 hours in any 07-day period;

+ Hours of rest in the 24-hour period may be divided into no more than two periods, one of which shall be at least 06 hours, and the interval between two consecutive periods of rest shall not exceed 14 hours;

+ Any 24-hour period is counted from the beginning or the end of a rest period.

- In case of emergencies which threaten the security and safety of the ship or the cargo or put life at risk or render assistance to any ship or person found at sea in danger, the master of the ship is entitled to request a seafarer to work at all hours. Upon the fulfillment of urgent duties, the master is required to provide adequate compensatory rest period for the seafarer according to Point a Clause 2 of this Article.

- Hours of work and hours of rest must be specified in the table of shipboard working arrangements which is established in Vietnamese and in English according to the form provided in the Appendix I enclosed herewith, and posted in an easily accessible place on board the ship.

- In case of musters, fire-fighting and lifeboat drills, or other drills prescribed by applicable lawsoft, the master may arrange the hours of rest in a manner other than the one prescribed in Point a Clause 2 of this Article provided that such arrangement must minimize the disturbance of rest periods, do not cause fatigue to seafarers, and be prescribed in the collective labor agreement or the seafarers’ employment agreement according to the following principles:

+ Minimum hours of rest shall not be less than 10 hours in any 24-hour period, and 70 hours in any 07-day period. The application of exceptions shall not be allowed for more than two consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the previous exception;

+ Minimum hours of rest prescribed in Point a Clause 2 of this Article may be divided into no more than three periods, one of which shall be at least 06 hours in length and neither of the other two periods shall be less than 01 hour in length;

+ The intervals between two consecutive periods of rest shall not exceed 14 hours;

+ The exceptions shall not extend beyond two 24-hour periods in any 07-day period.

- The master or any person authorized by the master shall assume the responsibility to prepare and provide seafarers with the records of hours of rest according to the form provided in the Appendix II enclosed herewith.

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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