Quyết định 43/2005/QĐ-BGTVT của Bộ Giao thông vận tải về cách thức phân chia tiền công cứu hộ của thuyền bộ tàu biển Việt Nam

DECISION

ON THE METHOD OF DIVIDING SALVAGE REMUNERATIONS AMONG CREWS OF VIETNAMESE SEAGOING SHIPS

THE MINISTRY OF TRANSPORT

Pursuant to the June 14, 2005 Maritime Code of Vietnam;

Pursuant to the Governments Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Transport Ministry;

At the proposal of the director of the Legal Department and the director of the Vietnam Maritime Administration,

DECIDES:

Article 1. Governing scope and subjects of application

1. This Decision provides for the method of dividing salvage remunerations among crews of Vietnamese seagoing ships (hereinafter referred to as crews).

2. This Decision applies to ship owners, crews as well as agencies, organizations and individuals involved in the division of salvage remunerations among crews.

3. This Decision shall not apply to the division of salvage remunerations among crews of ships exclusively used for salvage.

Article 2. Principles for dividing salvage remunerations

1. Salvage remunerations shall be divided equally between owners and crews of salvage ships after deduction of expenses incurred and damages suffered by such ships as well as expenses and losses of the ship owners or of the crews as caused by salvage activities.

2. Salvage remunerations shall be divided in a currency in which they have been paid.

3. Masters of salvage ships shall represent the crews in protecting the latters legitimate benefits in the determination of salvage expenses, evaluation of losses and remuneration amounts to be enjoyed by the crews.

4. The division of salvage remunerations among the crew of a ship must be made openly under the supervision by the grassroots trade union organization or a council elected by all crew members.

Article 3. Method of dividing salvage remunerations of crews

Money amounts set aside for being divided among crews shall be divided by the following method:

1. They shall be divided to all crew members who are onboard when salvage operations are performed.

2. They shall be divided in proportion to the basic salary enjoyed by each crew member at the time of performance of salvage operations.

The basic salary mentioned in this Decision means the monthly salary amount payable by the ships owner to each crew member based on his/her job title, which is exclusively of bounties, overtime pay, monthly and quarterly rewards or other allowances.

3. Where crew members have shown particular courage and efforts in salvage activities, they shall enjoy a bonus coefficient. Bonus coefficients shall be proposed by crews and decided by masters.

4. Crew members who refuse to perform task assigned by masters, take advantage of salvage circumstances for self-seeking purposes or commit law-breaking acts related to salvage operations shall all be deprived of the right to enjoy their salvage remuneration amounts. These amounts shall be added to the total salvage remuneration amount for the crew to be divided to other crew members by the method defined in this Article.

Article 4. Complaints and settlement of disputes

1. Complaints about the division of salvage remuneration among crews shall be settled in compliance with the provisions of law on complaints and denunciations.

2. Disputes on the division of salvage remunerations among crews shall be settled through negotiations or lawsuits initiated at competent arbitrations or courts.

Article 5. Implementation effect

This Decision takes effect as from January 1, 2006, and replaces the Transport Ministers Decision No. 4276/QD-PC of September 27, 1995, on the method of dividing salvage remunerations among crews of Vietnamese seagoing ships.

Article 6. Organization of implementation

The director of the Office, the directors of the Departments under the Transport Ministry, the director of the Vietnam Maritime Administration, and concerned agencies, organizations and individuals shall have to implement this Decision.