Employment policies and benefits of a seafarer in Vietnam

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

Regarding this issue, LawNet would like to answer as follows:

1. Employment policies and benefits of a seafarer in Vietnam

Employment policies and benefits of a seafarer in Vietnam according to Article 61 of Vietnam Maritime Code 2015 are 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.

2. Work and rest hours of a seafarer in Vietnam

Work and rest hours of a seafarer according to Article 63 of the Vietnam Maritime Code 2015 are as follows:

- Work hours shall be arranged within 24 consecutive hours, including weekly days-off or national holidays.

- Rest hours shall be stipulated as follows:

+ Minimum rest hours are 10 hours within any 24 hours, and 77 hours within any 07 days; 77 hours within any 07 days;

+ The number of rest hours within a period of 24 hours may be divided into the maximum of two stages, either of which lasts at least 06 hours, and an interval between two consecutive stages of rest lasts the maximum of 14 hours.

- If any emergency likely to threaten safety and security for the ship, humans, cargoes aboard the ship occurs, or in order to assist other ships or people in distress at sea, the ship master shall be vested with the right to require any seafarer to be ready to work at any time.

Upon completion of emergency duties, the ship master shall be responsible for arranging an adequate amount of rest hours for a seafarer as per subparagraph a paragraph 2 of Article 63 of the Vietnam Maritime Code 2015.

- The chart of assigned duties specifies work and rest hours of seafarers and is posted in a conspicuous place onboard the ship.

- In case of mustering seafarers, practicing statutory fire, life-saving or other drills, the ship master can make other rest hour arrangement as stipulated by subparagraph a paragraph 2 of Article 63 of the Vietnam Maritime Code 2015 provided that such arrangement is likely to cause minimum impacts on rest hours and does not make a seafarer feel exhausted and is agreed under a collective bargaining agreement or an employment contract with this seafarer according to the following rules:

+ Minimum rest hours are 10 hours within a period of 24 hours, and within a period of 07 days. An exception shall not apply for more than 02 consecutive weeks. An interval between two stages when such exception applied shall not be twice less than the time length of the previous stage in which the previous exception applied;

+ Minimum rest hours stated in subparagraph a paragraph 2 of Article 63 of the Vietnam Maritime Code 2015 may be divided into the maximum of three stages, one of which shall not be allowed to last less than 06 hours, and the remaining two of which shall not be allowed to last less than 01 hour;

+ An interval between two consecutive rest stages shall not be allowed to exceed 14 hours;

+ An exception shall be allowed to apply in less than two 24-hour stages within a period of 07 days.

- The ship master or persons authorized by the ship master shall be responsible for making the record of rest hours and provide it to all of seafarers.

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