What are the work and rest hours of a seafarer in Vietnam?

What are the work and rest hours of a seafarer in Vietnam? (Internet image)

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

1. What are the work and rest hours of a seafarer in Vietnam?

Working hours and rest times for seafarers 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.

2. Regulations on medical care for seafarers in Vietnam 

Regulations on medical care for seafarers in Vietnam  according to Article 68 of the Vietnam Maritime Code 2015 are as follows:

- Seafarers shall have access to regular, timely and free medical care during the period of their work onboard a ship and at the port where this ship arrives.

- The ship owner shall be responsible for providing medical care services for seafarers onboard the ship in accordance with the following provisions:

+ Protect and take care of health of seafarers working onboard a ship in a similar manner to medical care services provided for inland employees in terms of medicines, medical equipment and supplies, healthcare manuals, healthcare information and medical consultation;

+ Ensure that all seafarers shall have access to medical examination and treatment at healthcare service providers or dental centers located at the port where the ship docks;

+ Take measures to prevent marine occupational accidents and illnesses through dissemination and education of healthcare knowledge for seafarers.

- The ship owner shall be responsible for implementing regulations on employment of doctors on board a ship as follows:

+ As for a ship carrying at least one hundred of persons and taking more than 3 days’ international voyage, at least one doctor must be available;

+ As for a ship carrying fewer than one hundred of persons and having none of doctors onboard, at least 01 seafarer must take charge of medical care and medicines management duties, or one seafarer competent to give first aid must be assigned.

The seafarer tasked with providing medical care and first aid service must be completely trained in such medical care and first aid service in conformance to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

- The ship master or any person in charge of medical care on board the ship shall be responsible for creating forms or templates of a medical report in accordance with laws and regulations. Forms or templates of a medical report shall be used for exchanging information with inland healthcare service providers. Information provided in a form or template of a medical report must be treated with complete confidentiality and shall be used for diagnosis, care and treatment purposes only.

- The Minister of Transport shall assume the following responsibilities:

+ Announce the list of seafarer healthcare service providers;

+ Provide regulations on medicine cabinets, medical equipment and medical care manuals on board, and medical care report forms or templates.

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