Thông tư 43/2015/TT-BGTVT

CIRCULAR

ON ISSUANCE AND REVOCATION OF DECLARATION OF MARITIME LABOUR COMPLIANCE AND MARITIME LABOUR CERTIFICATE

Pursuant to Vietnam Maritime Code dated 2005;

Pursuant to Decree No. 107/2012/ND-CP dated December 20, 2012 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 547/2013/QD-CTN dated March 22, 2013 of President of Socialist Republic of Vietnam on accession to Maritime Labour Convention, 2006;

Pursuant to Decree No. 121/2014/ND-CP dated December 24, 2014 of the Government providing guidance on Maritime Labour Convention, 2006 in terms of working conditions of seafarers;

At the request of Director of the Legal Department, Director of Vietnam Maritime Administration and Director of the Vietnam Register,

The Minister of Transport promulgates a Circular on issuance, approval and revocation of Declaration of Maritime Labour Compliance and Maritime Labour Certificate.

Article 1. Scope

This Circular deals with:

1. Inspection of Vietnamese ships engaged in international voyages in terms of maritime labour prescribed in Maritime Labour Convention, 2006 (hereinafter referred to as MLC 2006).

2. Issuance, approval and revocation of Declarations of Maritime Labour Compliance and Maritime Labour Certificates prescribed in MLC 2006 in terms of Vietnamese ships of 500 GT (gross tonnage) or over engaged in international voyages.

Article 2. Regulated entities

This Circular applies to organizations or individuals related to inspection of Vietnamese ships engaged in international voyages in terms of maritime labour and issuance, approval and revocation of Declarations of Maritime Labour Compliance and Maritime Labour Certificates prescribed in MLC 2006.

Article 3. Issuance of Declaration of Maritime Labour Compliance Part I

1. Vietnam Maritime Administration issues Declarations of Maritime Labour Compliance Part I to Vietnamese ships of 500 GT or over engaged in international voyages.

2. Each shipowner shall send 01 application for issuance of Declaration of Maritime Labour Compliance Part I directly or by post or in any other forms to Vietnam Maritime Administration. An application includes:

a) An application form for Declaration of Maritime Labour Compliance Part I using the form prescribed in Appendix I of this Circular;

b) 01 photocopy of the Certificate of Ship Registration;

c) 01 commitment made by an organization or individual to take responsibility for the ship operation on behalf of the shipowner and perform all obligations of the shipowner as prescribed in MLC 2006 (if the shipowner is not the owner of the ship).

3. In case a shipowner authorizes a shipping enterprise to perform obligations on behalf of the shipowner to apply for Declaration of Maritime Labour Compliance Part I, apart from documents prescribed in Clause 2 of this Article, the shipping enterprise is required to submit:

a) 01 photocopy of charterparty;

b) 01 power of attorney using the form prescribed in Appendix II of this Circular.

4. Vietnam Maritime Administration shall receive, verify and process documents as follows:

a) With regard to documents sent directly, Vietnam Maritime Administration shall issue a receipt of documents and a promissory to give results with the deadline prescribed in Point c of this Clause in case of sufficient documents; or Vietnam Maritime Administration shall instruct the shipowner to complete documents within the same working day in case of insufficient documents;

b) With regard to documents received by post or any other forms, if the documents are not sufficient as prescribed, Vietnam Maritime Administration shall request the completion of documents within 02 working days from the day on which the documents are received;

c) Within 05 working days, from the day on which the sufficient documents are received as prescribed, Vietnam Maritime Administration shall verify and issue 02 copies of Declaration of Maritime Labour Compliance Part I using the form prescribed in Appendix III herewith to the shipowner. If the application is rejected, they must provide explanation in writing.

Article 4. Approval for Declaration of Maritime Labour Compliance Part II and issuance of Maritime Labour Certificate

1. Vietnam Maritime Administration approves Declarations of Maritime Labour Compliance Part II and issues Maritime Labour Certificates to Vietnamese ships of 500 GT and over engaged in international voyages.

2. Each shipowner shall send 01 application for approval for Declaration of Maritime Labour Compliance Part II and issuance of Maritime Labour Certificate directly or by post or in any other forms to the Vietnam Register. An application includes:

a) 01 application form using the form prescribed in Appendix IV herewith;

b) 01 photocopy of Declaration of Maritime Labour Compliance Part I issued by Vietnam Maritime Administration;

c) 01 Declaration of Maritime Labour Compliance Part II made by the shipowner using the form prescribed in Appendix V herewith;

d) 01 photocopy of valid seafarers’ employment agreement and 01 photocopy of valid collective bargaining agreement;

dd) 01 photocopy of procedures for maritime labour management of the shipowner.

3. Vietnam Maritime Administration shall receive, verify and process documents as follows:

a) With regard to directly-sending documents, Vietnam Maritime Administration shall issue a receipt of documents and a result promissory with deadline prescribed in Point c of this Clause in case of sufficient documents; or Vietnam Maritime Administration shall instruct shipowner to complete documents within the same working day in case of insufficient documents;

b) With regard to documents received by post or any other forms, if the documents are not sufficient as prescribed, Vietnam Maritime Administration shall request the completion of documents within 02 working days from the day on which the documents are received;

c) Within 05 working days, from the day on which the sufficient documents are received as prescribed in Clause 2 of this Article, Vietnam Maritime Administration shall complete the verification of documents; if the documents are unsatisfactory, the shipowner is required to complete;

d) If documents are satisfactory, the Vietnam Register shall notify the shipowner of assessment of implementation of Declaration of Maritime Labour Compliance Part II and provisions of MLC 2006;

dd) If the ship comply with requirements of MLC 2006, within 01 working day, from the date on which the assessment is completed, Vietnam Maritime Administration shall approve Declaration of Maritime Labour Compliance Part II and issue Maritime Labour Certificate to the ship using the form prescribed in Appendix VI herewith and send them to the shipowner;

e) If the ship fails to comply with requirements of MLC 2006, within 01 working day from the date on which the assessment is completed, the application shall be rejected and Vietnam Maritime Administration shall provide explanation in writing.

4. The validity period of Maritime Labour Certificate is 05 years provided that the ship is undergone at least one intermediate inspection which takes place between the second and third anniversary dates of the certificate from the date on which the Maritime Labour Certificate is issued to ensure that the ship complies with requirements of MLC 2006.

Article 5. Issuance of Interim Declaration of Maritime Labour Compliance

1. Vietnam Maritime Administration shall issue an Interim Maritime Labour Certificate to a Vietnamese ship of 500 GT and over engaged in international voyages in any of the following cases:

a) When the ship is a new ship on delivery;

b) when the ship changes flag; or

c) when the shipowner is replaced.

2. Each shipowner shall send 01 application for issuance of Interim Maritime Labour Certificate directly or by post or in any other forms to the Vietnam Register. An application includes:

a) 01 application form using the form prescribed in Appendix IV herewith;

b) A photocopy of application for issuance of Declaration of Maritime Labour Compliance Part I sent to Vietnam Maritime Administration prescribed in Clause 2 of Article 3 herewith.

3. Vietnam Maritime Administration shall receive, verify and process documents as follows:

a) With regard to directly-sending documents, Vietnam Maritime Administration shall issue a receipt of documents and a result promissory with deadline prescribed in Point c of this Clause in case of sufficient documents; or Vietnam Maritime Administration shall instruct shipowner to complete documents within the same working day in case of insufficient documents;

b) With regard to documents received by post or any other forms, if the documents are not sufficient as prescribed, Vietnam Maritime Administration shall request the completion of documents within 02 working days from the day on which the documents are received;

c) Within 05 working days, from the day on which the sufficient documents are received as prescribed in Clause 2 of this Article, Vietnam Maritime Administration shall notify the shipowner of physical inspection on ship in terms of contents prescribed in Clause 4 of this Article;

d) If the ship comply with requirements of MLC 2006, within 01 working day, from the date on which the inspection is completed, Vietnam Maritime Administration shall issue an Interim Maritime Labour Certificate using the form prescribed in Appendix VII herewith and send it to the shipowner;

dd) If the ship comply with requirements of MLC 2006, within 01 working day from the date on which the inspection is completed, the application shall be rejected and Vietnam Maritime Administration shall provide explanation in writing.

4. Contents of physical inspection on ships:

a) Contents prescribed in MLC 2006;

b) Materials or documents proving that the ship has adequate procedures to comply with MLC 2006;

c) The master is familiar with the requirements of MLC 2006 and the responsibilities for implementation.

5. The validity period of an Interim Maritime Labour Certificate issued to a ship does not exceed 06 months. No Interim Maritime Labour Certificate is issued when the first Interim Maritime Labour Certificate expires.

Article 6. Cessation of validity and revocation of Declaration of Maritime Labour Compliance Part I

1. A Declaration of Maritime Labour Compliance Part I shall cease to be valid in any of the following cases:

a) when the ship changes its name;

b) when a ship changes flag; or

c) when the shipowner is replaced.

2. If there is any change to contents of legislative documents mentioned in Declaration of Maritime Labour Compliance Part I, Vietnam Maritime Administration shall provide guidance on amendments to Declaration of Maritime Labour Compliance Part I.

3. Vietnam Maritime Administration shall revoke Declaration of Maritime Labour Compliance Part I in case shipowner forges, erase or falsify relevant information.

Article 7. Cessation of validity and revocation of Maritime Labour Certificate

1. A Maritime Labour Certificate shall cease to be valid in any of the following cases:

a) if the inspections of Vietnamese ships of 500 GT engaged in international voyages are not completed within the periods specified under Clause 4 of Article 4 herewith;

b) if competent authority certifies that the ship does not comply with requirements of MLC 2006;

c) when the ship changes flag; or

d) when the shipowner is replaced;

dd) when substantial changes have been made to the structure or equipment specified in MLC 2006.

2. Vietnam Register shall revoke a Maritime Labour Certificate in any of the following cases:

a) The ship concerned does not comply with the requirements of law on maritime labour;

b) Shipowner forges, erases or falsifies relevant information in Maritime Labour Certificate and Declaration of Maritime Labour Compliance Part II approved.

Article 8. Inspection of Vietnamese ships of less than 500 GT engaged in international voyages in terms of maritime labour

1. Maritime Administration shall inspect Vietnamese ships of less than 500 GT engaged in international voyages in terms of implementation of maritime labour when the ships arrive and leave port waters within their competence in management.

2. The shipowners of above ships may be issued Declarations of Maritime Labour Compliance and Maritime Labour Certificates in accordance with Articles 3, 4 and 5 herewith similarly to Vietnamese ships of 500 GT or over.

3. Declarations of Maritime Labour Compliance and Maritime Labour Certificates issued to shipowners prescribed in Clause 2 of this Article shall cease to be valid and be revoked as prescribed in Articles 6 and 7 herewith.

Article 9. Fees and charges for issuance and approval for Declaration of Maritime Labour Compliance and issuance of Maritime Labour Certificate

Fees and charges for issuance and approval for Declaration of Maritime Labour Compliance and Maritime Labour Certificate shall be prescribed by the Ministry of Finance.

Article 10. Responsibilities of relevant organizations or individuals

1. Responsibilities of organizations or individuals whose Declarations of Maritime Labour Compliance and Maritime Labour Certificates are approved and issued:

a) Present Declaration of Maritime Labour Compliance and Maritime Labour Certificate to Maritime Administration and relevant authorities upon procedures for arrival or leaving ports;

b) Comply with Declaration of Maritime Labour Compliance and Maritime Labour Certificate and MLC 2006.

2. Responsibilities of authorities issuing/approving Declarations of Maritime Labour Compliance and Maritime Labour Certificates and inspecting maritime labour:

a) Vietnam Maritime Administration and Vietnam Register: receiving and processing in conformity with procedures and time prescribed in this Circular; taking responsibility for results of document verification, approval and issuance of Declaration of Maritime Labour Compliance and Maritime Labour Certificate.

b) Maritime Administration: inspect Vietnamese ships in terms of the implementation of law on maritime labour as prescribed.

3. Responsibilities of the Legal Department: taking charge and cooperating with relevant authorities to inspect and supervise the issuance of Maritime Labour Certificate, Declaration of Maritime Labour Compliance Part I and approval for Declaration of Maritime Labour Compliance Part II; send reports to the Minister of Transport and suggest suitable solutions.

Article 11. Effect

This Circular comes into force from November 1, 2015 and replaces Circular No. 45/2013/TT-BGTVT dated November 19, 2013 of the Minister of Transport on issuance, approval and revocation of Declaration of Maritime Labour Compliance and Maritime Labour Certificate.

Article 12. Implementation

Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of Vietnam Maritime Administration, Director of the Vietnam Register, Heads of relevant agencies and individuals shall implement this Circular./.