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Shipcrew

Chapter III
SHIPCREW

Article 45.- Shipcrew
Shipcrew consists of crewmen within the complement of a seagoing vessel, including the master, officers and those who hold other job titles arranged to work on board the vessel.

Article 46.- Crewmen working on board seagoing vessels
1. Crewmen are those who meet all conditions and criteria for holding job titles on board a Vietnamese seagoing vessel.
2. Crewmen working on board a Vietnamese seagoing vessel must fully meet the following conditions:
a. Being Vietnamese citizens or foreign citizens permitted to work on board a Vietnamese seagoing vessel;
b. Meeting all criteria of health, working age, professional competence and having all professional certificates as provided for;
c. Being arranged to hold job titles on board a seagoing vessel;
d. Having crewman’s books;
e. Having crewman’s passports for exit or entry, if such crewmen are arranged to work on board a seagoing vessel operating on an international route.
3. Vietnamese citizens who meet all conditions as required may work on a foreign seagoing vessel.
4. The Transport Minister shall specify job titles of crewmen and tasks of each job titles; the minimum safe complement; professional criteria and professional certificates of crewmen; registration of crewmen; crewman’s passports and books; conditions for crewmen who are Vietnamese citizens to work on board foreign seagoing vessels and conditions for crewmen who are foreign citizens to work on board Vietnamese seagoing vessels.
5. The Health Minister shall coordinate with the Transport Minister in specifying health criteria for crewmen working on board Vietnamese seagoing vessels.

Article 47.-Obligations of crewmen
1. Crewmen working on board a Vietnamese seagoing vessel shall have the following obligations:
a. To strictly abide by Vietnamese laws, treaties to which the Socialist Republic of Vietnam is a contracting party, and the law of the country where the Vietnamese seagoing vessel operates;
b. To perform with due diligence the tasks according to their assigned job titles and take responsibility to the master for these tasks;
c. To promptly, strictly and accurately execute the orders of the master;
d. To prevent accidents and incidents occurring to the seagoing vessel, cargo, persons and luggage on board. When detecting dangerous circumstances, to immediately report them to the master or the officer on watch, and, at the same time, take necessary measures to prevent accidents or incidents that may arise from such dangerous circumstances;
e. To manage and use certificates, documents, equipment, tools and other property of the seagoing vessel which they are assigned to manage;
f. To perform other tasks as provided for by law.
2. Vietnamese crewmen working on board a foreign seagoing vessel shall be obliged to perform labor contracts signed with the foreign shipowner or employer.

Article 48.- Working regime and interest of crewmen
1. The working regime and interests of crewmen working on board a Vietnamese seagoing vessel shall comply with the provisions of Vietnamese law.
2. Where the shipowner or master requests crewmen to leave the seagoing vessel, the shipowner shall be responsible for covering all living and traveling costs necessary for crewmen to come to the place indicated in the crew employment contract or to the port where crewmen are employed, unless otherwise agreed in the crew employment contract; where the master requests crewmen to leave the seagoing vessel, the master must report it to the shipowner.
3. When the loss of or damage to lawful own property of crewmen is caused by an accident occurring to the seagoing vessel, the shipowner must pay compensation for such property at the market price at the time when and at the place where the accident is dealt with. If the accident is caused by the fault of a crewmen, he/she shall not be entitled to claim for such loss or damage.
4. The working regime and interests of Vietnamese crewmen working on board a foreign seagoing vessel and of foreign crewmen working on board a Vietnamese seagoing vessel shall comply with their labor contracts.

Article 49.-Legal status of masters
1. The master shall exercise the highest command on board a seagoing vessel and commands the vessel on the single-leader regime. All persons on board the seagoing vessel must obey the orders of the master.
2. The master shall submit to the direction by the shipowner or charterer or operator of the vessel.

Article 50.- Obligations of masters.
1. To organize management and operation of the seagoing vessel according to the provisions of law.
2. To take due care that the seagoing vessel be seaworthy in every respect, comply with professional standards of seamanship and regulations on equipment, ship hull, adequate provisions, proper manning and other matters relating to marine navigation safety for the vessel and persons on board before the commencement of and during a voyage.
3. To pay due attention that the cargo is loaded arranged and preserved on board and unloaded from the vessel in a reasonable way, despite that these jobs are assigned to responsible persons for performance.
4. To take due care that the cargo on board the seagoing vessel be neither damaged nor lost; take necessary measures to protect the interests of persons with interests in the cargo; make use of all means possible to notify such persons of special events relating to the cargo.
5. To take all necessary measures to protect the seagoing vessel, persons and other property on board.
6. Where the port of delivery of cargo or disembarkment of passengers is blockaded, in danger of war or in another state of emergency, to direct the seagoing vessel to the nearest safe port and take all necessary measures to protect the vessel, persons and property on board and documents of the vessel.
7. Where the seagoing vessel is threatened with sinking or destruction, to make use of all available possibilities to save first passengers and then crewmen.
The master must be the last to leave the seagoing vessel after he/she has made use of all means possible to save the logbooks, charts and other important documents of the vessel.
8. Not to leave the seagoing vessel when it is in peril, except for cases where it is extremely necessary to leave the vessel.
9. To personally operate the seagoing vessel to leave, enter a port, a canal, a marine navigable channel and when it is in seaport waters or upon the occurrence of difficult and dangerous circumstances.
10. To use pilots, tugboats in cases provided for by law or to ensure safety for his/her seagoing vessel.
The employment of a pilot shall not relieve the master of the obligation set out in Clause 9 of this Article.
11. To perform with due diligence the duties of a conscientious master.
12. To organize search and rescue of persons in peril at sea if the performance of this obligation does not cause any serious danger to his/her seagoing vessel and persons on board. The shipowner shall not be held responsible for the master’s failure to perform the obligation set out in this Clause.
13. To perform other obligations as provided for by law.

Article 51.- Rights of masters
1. To represent the shipowner and persons with interests in the cargo in handling matters relating to the navigation of the seagoing vessel and the management of the vessel and cargo on board.
2. To perform in the name of the shipowner and persons with interests in the cargo legal acts within the scope of work set out in Clause 1 of this Article, while away from the port of registration, possibly initiate lawsuits and participate in legal proceedings before court or arbitration, unless the shipowner or persons with interests in the cargo declare limitation of part or the whole of this power.
3. To refuse to let the vessel commence the voyage if he/she deems that the vessel fails to meet all conditions for marine navigation safety, marine navigation security and prevention of environmental pollution.
4. To apply various commendatory forms or disciplinary measures to crewmen under his/her command; to refuse to recruit or force to leave his/her ship crewmen who are not qualified in their job titles or commit law-breaking acts.
5. To borrow on behalf of the shipowner in necessary cases credits or money in cash within the limit sufficient for repair of the seagoing vessel, supplementation of crew, provisions for the vessel or for satisfying other needs so that the voyage can be continued.
6. To sell superfluous appurtenances or surplus reserves of the seagoing vessel within the limit set out in Clause 5 of this Article when it is enexpedient or impossible to wait for funds or instructions from the shipowner.
7. During a voyage, if means necessary for its completion cannot be obtained in any other way, after having by all means sought instructions from the charterer and the shipowner but in vain, to pledge or sell part of the cargo. In this case, the master must minimize the damage to the shipowner, the charterer and persons with interests in the cargo.
8. Where on a seagoing vessel, during a voygage, the reserved food and provisions have run out, to requisite part of the cargo being food and provisions carried on board, and the in the case of utmost necessity, to requisite food and provisions of persons on board. This requisition must be recorded in a minute. The shipowner shall have to compensate for the food and provisions requisited.
9. Where the seagoing vessel is in a peril at sea to request rescue, and after consultation with the vessels which come for assistance, to designate which vessel to render salvage.
Article 52.- Responsibilities of master for civil status on board seagoing vessels
1. For each case of birth or death and other related occurrences on board the seagoing vessel, to make entries in the vessel’s logbook and make a minute thereon in the presence of the vessel’s medical person and two witnesses; to keep in good conditions the body of the deceased, make an inventory list of, and preserve his/her property.
2. To report births or deaths occurring on board the seagoing vessel and send testaments and inventory lists of property of the deceased to the competent civil status agency in the first Vietnamese seaport at which the vessel calls or to the Vietnamese diplomatic mission or consulate in the nearest place if the vessel calls at a foreign seaport.
3. After having tried all means possible to ask for instructions of the shipowner and for opinions of the relatives of the deceased, the master shall, in the name of the shipowner, carry out necessary procedures and bury the deceased. All costs incurred from the burial shall be paid in accordance with the provisions of law.

Artice 53.- Responsibilities of master when criminal acts are committed on board seagoing vessels
1. Upon detecting criminal acts committed on board the seagoing vessel, the master shall have the following responsibilities:
a. To take all necessary measures to stop such acts and draw up files as provided for by law;
b. To protect evidence and, depending on the practical conditions, hand over the offenders together with relevant files to a competent state agency in the first Vietnamese port at which the seagoing vessel calls or to a public-duty vessel of the Vietnamese people’s armed forces encountered on the sea, or to inform such acts to the nearest Vietnamese diplomatic mission or consulate and to follow the instructions given by such agency, if the seagoing vessel calls at a foreign port.
2. In case of necessity to protect the safety and order of the seagoing vessel, person and cargo on board, the master may confine to a separate compartment any person who has committed a criminal act.

Article 54.- Responsibilities of master to notify Vietnamese diplomatic missions or consulates
1. Upon arrival of the seagoing vessel at a foreign port, if necessary, the master must notify the nearest Vietnamese diplomatic mission or consulate of the vessel’s arrival.
2. The master shall have to produce the seagoing vessel’s certificates and documents if it is so requested by such Vietnamese diplomatic mission or consulate.

Article 55.- Responsibilities of masters to report on the occurrence of marine accidents
Immediately after the occurrence or detection of a marine accident or another occurrence relating to marine navigation safety in the area where the seagoing vessel is operating, the master shall have to report it to the nearest competent state agency and make a report thereon according to regulations.

Article 56.- Sea protests
1. Sea protest is a document made by the master, describing the circumstance encountered by the seagoing vessel and measures already taken by the master to overcome such circumstance, limit loss and damage and protect the legitimate rights and interests of the shipowner and related persons.
2. When the seagoing vessel, persons or cargo on board are damaged or lost or suspected to be damaged or lost on account of an accident or incident, the master must make a sea protest and within twenty four hours after the accident occurs or after the vessel’s arrival at the first port after the accident occurs submit the sea protest to a competent state agency specified in Clause 3 of this Article for certification of this submission.
3. State agencies competent to certify the submission of sea protests in Vietnam include port authorities, public notaries or People’s Committees of the nearest place.
The order and procedures for certification of sea protests in Vietnam shall be stipulated by the
Transport Minister.
State agencies competent to certify the submission of sea protest in foreign countries include Vietnamese diplomatic missions and consulates in the nearest place or competent authorities of the countries where the seagoing vessels operate.

Article 57.-Crew employment contracts
1. Crew employment contract is a labor contract concluded in writing between the shipowner or crew employer and a crewman for working on board a seagoing vessel.
2. A crew employment contract contains the following principal details:
a. The name and address of the crew employer;
b. The names or list of employed crewmen;
c. Working conditions on board the seagoing vessel;
d. The period of employment of the crew;
e. Salaries, bonuses, meal allowances and other payments;
f. Insurance;
g. Other entitlements of the crewmen;
h. Responsibilities of the crew employer and the crewmen.

Article 58.-Responsibilities of shipowners for shipcrew
To arrange sufficient crewmen according to the seagoing vessel’s complement and ensure adequate working conditions on board the seagoing vessel for crewmen as provided for in Clause 2, Article 46 of this Code.
To define job titles of crewmen and their responsibilities, except for job titles stipulated by the Transport Minister.
To ensure working and living conditions for crewmen on board the seagoing vessel according to the provisions of law.To purchase accident and other compulsory insurance for crewmen working on board the seagoing vessel according to the provisions of law.