Employment policies and benefits of a seafarer in Vietnam

Employment policies and benefits of a seafarer in Vietnam (Internet image)

1. Who are seafarers?

In Clause 1, Article 59 of the Vietnam Maritime Code 2015, seafarers are as follows:

 A seafarer must meet eligibility requirements and standards for holding ranks onboard a Vietnamese ship.

2. Conditions for seafarers aboard a ship in Vietnam

Article 59 of the Vietnam Maritime Code 2015 stipulates seafarers aboard a ship in Vietnam as follows:

- A seafarer working aboard a Vietnamese ship must meet the following eligibility requirements:

+ Be a Vietnamese citizen or an overseas citizen authorized to work aboard a Vietnamese ship;

+ Meet health standards, working age requirements and achieve professional qualifications in accordance with applied regulations;

+ Be assigned to hold professional ranks aboard the ship;

+ Hold a discharge book;

+ Possess a passport as a requirement to enter or exit a country, if a seafarer is arranged to work onboard an international ship.

- A Vietnamese citizen who meets statutory eligibility requirements shall be entitled to work aboard an overseas ship.

- The Minister of Transport shall adopt detailed regulations on professional ranks and rank-based roles of a seafarer; minimum manning requirements; professional standards and qualifications of each seafarer; registration of a seafarer and a seafarer’s discharge book; required conditions that a seafarer who is an alien must meet to work onboard a Vietnamese ship.

3. Obligations of a seafarer in Vietnam

In Article 60 of the Vietnam Maritime Code 2015, a seafarer working aboard a Vietnamese ship must take on the following obligations:

- Strictly observe Vietnamese laws and international agreements to which the Socialist Republic of Vietnam is a party along with laws of the country within which the Vietnamese ship is operating;

- Demonstrate hard work and dedications to their assigned duties and be held accountability to the ship master for these duties;

- Execute the ship master’s orders in a timely, strict and accurate manner;

- Prevent any accidents or incidents against the ship, cargoes, humans and baggage onboard the ship. When discovering any dangerous emergency, a seafarer must promptly report to the ship master or any watchstanding officer, and simultaneously take necessary measures to prevent any accident or incident that may arise from such dangerous emergency;

- Manage and utilize certificates, documents, equipment items, instruments and other property aboard the ship which have been assigned.

Note: A Vietnamese seafarer working aboard an overseas ship shall be obliged to comply with employment contracts signed with the ship owner or foreign employers.

4. Employment policies and benefits of a seafarer in Vietnam

Article 61 of the Vietnam Maritime Code 2015 stipulates the labor regime and benefits of seafarers as follows:

- Employment policies and benefits of a seafarer working onboard a Vietnamese ship shall be consistent with Vietnamese legislation and relevant international agreements to which the Socialist Republic of Vietnam is a party.

- In the event that the ship owner or the ship master orders a seafarer to abandon the ship, the ship owner shall be responsible for covering all living and travel costs which are necessary to be repatriated; in the event that the ship master orders a seafarer to leave the ship, the ship owner must be advised of this.

- In the event that any legal personal property of a seafarer have been subject to any loss or damage due to any marine accident or incident, the ship owner must compensate for such loss or damage at the market price determined at the time and location of settlement for such accident or incident. A seafarer whose property is lost or damaged at his own faults, (s)he shall have no rights to submit any claim against such loss or damage.

- Employment policies and benefits of a Vietnamese seafarer working aboard an overseas ship and of a foreign seafarer working aboard a Vietnamese ship must be consistent with employment contracts.

Ngoc Nhi

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