On December 24, 2014, the Government of Vietnam issued the Decree No. 121/2014/NĐ-CP elaborating certain articles of the Maritime Labour Convention in 2006 with respect to conditions of employment of seafarers working on board ships.
According to Decree No. 121/2014/NĐ-CP of Vietnam’s Government, seafarer means any person who is employed or engaged to work in any capacity on board a ship upon his/her satisfaction of relevant requirements and standards as regulated by laws.
Wages, allowances and other incomes of seafarers are specified as follows:
- Shipowners shall assume the responsibility to pay monthly wages and allowances directly to seafarers or their legal beneficiaries.
- Wages, allowances and other incomes of seafarers shall be paid in cash or transferred to bank accounts of seafarers or their legal beneficiaries. If payments are made through bank transfer, the shipowner and the seafarer must reach an agreement on the service fees relating to the opening, money transfer and maintenance of bank accounts as regulated by laws.
- The shipowner shall assume the responsibility to prepare and provide seafarers with a monthly account of the payments due, including wages, allowances and other incomes.
However, before a seafarer works on board a ship, a seafarers' employment agreement must be signed by both the seafarer and the shipowner. If the shipowner cannot personally sign the seafarers’ employment agreement, he/she may authorize in writing his/her representative to sign the seafarers’ employment agreement. The conclusion, authorization and performance of the seafarers’ employment agreement shall conform to the Labour Code, regulations herein and relevant documents.
Note: The seafarers’ employment agreement, its appendixes and relevant documents must be prepared in Vietnamese and English, and shall have the same legal effect.
View more details at Decree No. 121/2014/NĐ-CP of Vietnam’s Government, effective from March 01, 2015.
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