This is an important content promulgated by the Government in Decree 121/2014/ND-CP detailing a number of articles of the 2006 Maritime Labor Convention on the labor regime of seafarers working on board ships. .
Currently, before working on board a ship, the ship owner and crew must sign a crew labor contract. In case the ship owner does not directly sign the crew labor contract, he or she shall authorize a representative in writing to do so.
The signing, authorization and performance of seafarers’ labor contracts in accordance with the provisions of the Labor Code, Decree 121/2014/ND-CP and relevant documents.
Regarding the content of the seafarer labor contract, in addition to the basic contents specified in the Labor Code, the seafarer labor contract must have additional contents specified in Decree 121/2014/ND-CP. as follows:
The repatriation of seafarers;
Accident insurance;
Annual leave payment;
Conditions for terminating seafarer labor contracts.
The crew labor contract, its appendices and related documents are made in Vietnamese and English and have the same legal validity.
Note:
Ship owner means the owner of the ship or another organization or individual who agrees to be responsible for the operation of the ship on behalf of the owner and assumes the obligations and responsibilities of the ship owner, regardless of whether or not other organizations or individuals that perform certain duties or responsibilities on behalf of the ship owner.
Seafarer means a person recruited or hired to work on board a seagoing vessel that fully meets the conditions and standards and holds a title as prescribed by law.