Thông tư 43/2019/TT-BGTVT sửa đổi Thông tư thuyền viên nước ngoài làm việc trên tàu Việt Nam

CIRCULAR

On amending and supplementing a number of Articles of the Minister of Transport’s Circular No. 17/2017/TT-BGTVT dated May 31, 2017 on prescribing conditions for foreign seafarers to work on board Vietnamese seagoing ships

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Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and its amendments;

Pursuant to the 2006 Maritime Labor Convention of the International Labor Organization;

Pursuant to the Government’s Decree No. 11/2016/ND-CP dated February 03, 2016 on detailing a number of articles of the Labor Code regarding foreign workers in Vietnam;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 20, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Organization and Personnel and the Director of Vietnam Maritime Administration;

The Minister of Transport hereby promulgates the Circular on amending and supplementing a number of Articles of the Minister of Transport’s Circular No. 17/2017/TT-BGTVT dated May 31, 2017 on prescribing conditions for foreign seafarers to work on board Vietnamese seagoing ships.

Article 1. To amend and supplement a number of Articles of the Minister of Transport’s Circular No. 17/2017/TT-BGTVT dated May 31, 2017 on prescribing conditions for foreign seafarers to work on board Vietnamese seagoing ships

1. To amend and supplement Clause 4, Article 3 as follow:

“4. Written recognition of an expertise certificate means a document issued by the Vietnam Maritime Administration or maritime sub-department or port authority (authorized by the Vietnam Maritime Administration) to a foreign seafarer who has been granted an expertise certificate by the competent agencies of a country or territory with which Vietnam has agreed on the recognition of granted expertise certificates, to work on board Vietnamese seagoing ships.”

2. To add Clause 5, Article 3 as follows:

“5. Time spent on seafaring is the time a seafarer works, apprentices and holds a position or an apprentice on board seagoing ships.”

3. To amend and supplement Points a, b, c and d of Clause 1, Article 4 as follows:

“a) Being physically fit and of the eligible working age in accordance with Vietnamese labor law;

b) Having a work permit or a written certification of not to be subject to a work permit issued by the Department of Employment of the Ministry of Labor, War Invalid and Social Affairs, and Departments of Labor, War Invalid and Social Affairs;

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