Circular 43/2015/tt-Bgtvt: Regulatory Procedures, Revoking A Publication Suitable Maritime Labour And Maritime Labour Certificate

Original Language Title: Thông tư 43/2015/TT-BGTVT: Quy định thủ tục cấp, thu hồi bản công bố phù hợp Lao động hàng hải và Giấy chứng nhận Lao động hàng hải

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TRANSPORT DEPARTMENT
Number: 43 /2015/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 20, 2015

INFO Yes.

The procedure for the procedure, the recovery of the published statement L Marine.

and G. That's right. L Marine.

____________________

Vietnam Maritime Code Base in 2005;

Base of Protocol 107 /2012/NĐ-CP 20th Ah! 12 of 2012 of Ch I'm The government rules, functions, powers, and muscles. All the organization of the Ministry of Transport;

Base Decision Base 547 /2013/QE-CTN 22nd 22nd Ah! 3 years 20 1 3 of the President of the Socialist Republic of Vietnam on the accession of the Maritime Labor Convention in 2006;

Base of Protocol 121 /2014/ND-CP December 24, 2014 of the Government regulates details of some of the 2006 Maritime Labor Convention on the regime of the United States. l Captain's movement. l The work on the sea;

At the suggestion of the Chief of the Legal Affairs, the Director of the Vietnam Maritime Service and the Director of the Bureau of Vietnam,

The Minister of Transport for Transport issued a notification of licensing, approval, release of the b. Stain. fit for Maritime Labour and Maritime Labor Certificate.

What? 1. The adjustment range

This message is about:

1. Maritime labor inspections under the Maritime Labor Convention of 2006 (later known as the 2006 MLC Convention) for the Vietnam Sea ship operating international routes.

2. Level, approval, recovery of the Public Works and Maritime Labor certification as defined by the 2006 MLC Convention for Vietnamese shipping has a total capacity from 500 GT to the International Line of Operations.

What? 2. Subject applies

This information applies to organizations, individuals involved in the inspection of maritime labour for the Vietnam ship operating international and grade operations, approv., the recall of the appropriate publication of the Marine Labor, Maritime Labor certification in the United States. wish MLC 2006.

What? 3. The procedure of granting the publication of the appropriate Workforce Labor Part I

1. Vietnam Department of Maritime Affairs issued the right to fit the I-Maritime Labor Department for Vietnamese ships with total capacity from the 500 GT to the international operation.

2. The master ship sent 1 (a) the record set of the granting of the publication of the appropriate publication of the Company of the I directly or through the postal system or in other form of suitable form to the Vietnam Maritime Service. The profile consists of:

a) The application of the publication of the publication of the Company ' s First Naval Labor Union by the prescribed pattern at Annex I of this Wise;

b) 01 (a) copy of the license plate registration;

c) 01 text of the organization, the individual pledged to be responsible for the operation of the vessel on behalf of the vessel and agreed to take on the duties and responsibilities of the vessel under the provisions of the 2006 MLC Convention (in the event the ship owners are not simultaneously the owner). It's a boat.

3. The owner of the proxy ship for the shipping business performs obligations and responsibilities in place of the ship owner to be granted the appropriate publication of the Grade I Maritime Labour, in addition to the prescribed profile at paragraph 2 This, the shipping business must be required. file:

a) 1 copy of contract lease;

b) 01 prescribed proxy form at Annex II of this Information.

4. Vietnam Maritime Service receives, check the profile and process as follows:

a) The case file case is directly filed, if the full profile is the file receipt and returns the result according to the specified deadline at this point; if the filing is incomplete, the owner guide the ship to complete the case immediately on the day of work;

b) The case receives a profile through a postal system or other suitable form, if the filing is incomplete by regulation, in the 2 (two) days of work, since the date received the case, the Vietnam Maritime Service has an additional required text, the completion of the case;

c) During the period 05 (year) day of work, since the date of receiving the full record by regulation, the Department of Maritime Affairs of Vietnam, the publication of the publication of the United States Maritime Workers ' Compliance with the prescribed pattern at Annex III of this Notice and to the owner of ship 02 (two). In the absence of a partial publication of the I, the Vietnam Maritime Service must have a written answer to the owner of the ship and specify a reason.

What? 4. The procedure of approving the publication of the Second Maritime Labor Concourse and grant of Maritime Labor Certificate

1. Vietnam ' s Bureau of Registration approx the publication of the Second Maritime Labor Compliance Publication and issued a Certificate in Maritime Labor certification for the Vietnamese liner which has a total capacity from 500 GT to the international operation.

2. The owner sent 1 (one) of the file order approved the publication of the Second Maritime Labor Compliance Publication and issued a Certificate of Foreign Labor certification directly or through the postal system or other form of appropriate form to the Vietnam Register. The profile consists of:

a) The proposed application by the prescribed pattern at Annex IV of this Private Information;

b) 01 (a) copy of the appropriate copy of the I-Maritime Labor Department has been granted by the Ministry of Maritime Affairs of Vietnam;

c) 01 (one) The publication of the Second Maritime Labor Conversion of the Company under the prescribed pattern at Annex V of this Information;

d) 01 (a) copy of the Contract Labor Contract and the collective Labor Agreement remain in effect;

) 01 (a) copy of the ship's maritime labor management processes.

3. Vietnam Department of Registration is receiving, checking for records and processing as follows:

a) The case file case is directly filed, if the full profile is the file receipt and returns the result according to the specified deadline at this point; if the filing is incomplete, the owner guide the ship to complete the case immediately on the day of work;

b) The case receives a profile through a postal system or other suitable form, if the filing is incomplete by regulation, in the time of the 2 (two) working day, since the date received the case, the Vietnam Register has an additional request text, complete case completion;

c) During the period of 05 (year) working day, since the date of receiving a complete record in accordance with Article 2, the Vietnam Register must complete the appraisal of the case; if the specified appraisal results require additional, complete, additional ship owners.

d) If the case appraisal results are required, the Vietnam Register notified the owner of the ship to evaluate the implementation of the implementation of the Second Maritime Labor Compliance Publication and the provisions of the 2006 MLC Convention on the liner;

If the assessment results on the ship meet the regulations of the 2006 MLC Convention, in the period 01 (one) day of work, since the completion of the evaluation, the Vietnam Department of Registration approx the publication of the Second Maritime Labor Compliance Publication, issued a Certificate of Information. receive maritime Labor for the prescribed sample at Annex VI of this Smart and send the owner;

e) If the assessment results on the ship did not meet the regulations of the 2006 MLC Convention then in the period 01 (one) day of work, since the completion of the assessment, the Vietnam Register must reply by written statement stating the reason not to approve the appropriate publication. The Second Maritime Labor Department and the non-issue of the Maritime Labor Certificate.

4. The validity period of the Maritime Labor Certificate Certificate of 05 (year) year with the vessel condition must be examined intermediate once from the second to the second annual deadline to the third to the third annual deadline since the date of the Certificate of Paper. Certification of the Marine Labor Department to ensure the ship still meets the requirements of the 2006 MLC Convention.

What? 5. The procedure of issuing temporary maritime labor certification

1. Vietnam ' s Department of Registration issued a temporary Maritime Labor Certificate for the Vietnamese Navy that has a total capacity of 500 GT to the international route in the following cases:

a) a new vessel delivered after its closure;

b) The ship changes the nationality flag;

c) Change the owner.

2. The owner sent 1 (a) the file order for the granting of the Certificate of Marine Labor temporarily directly or through the postal system or other form of the appropriate form to the Vietnam Register. The profile consists of:

a) The proposed application by the prescribed pattern at Annex IV of this Private Information;

b) A copy of the Proposition of the Appropriate Publication of the United States Maritime Labor Department was sent to the Vietnam Maritime Service by regulation at paragraph 2 Article 3 of this Information.

3. Vietnam Department of Registration is receiving, checking for records and processing as follows:

a) The case file case is directly filed, if the full profile is the file receipt and returns a result according to the specified deadline at this c. The job

b) The case receives a profile through a postal system or other suitable form, if the filing is incomplete by regulation, in the time of the 2 (two) working day, since the date received the case, the Vietnam Register has an additional request text, complete case completion;

c) During the period 05 (year) day of work, since the date of receiving the full record by regulation at paragraph 2, the Vietnamese Bureau notified the owner of the ship to organize inspection on ships of the prescribed content at paragraph 4;

d) If the test results on the vessel meet the regulations of the 2006 MLC Convention then in the term 1 (a) day of work, since the completion of the inspection, the Vietnam Register issued a temporary Maritime Labor Certificate in accordance with the prescribed pattern at the site. Appendix VII of this message and send the owner of the ship;

If the test results were not met by the 2006 MLC Convention, then at 1 (one) date of work, since the completion of the examination, the Vietnam Register must respond to the owner of the ship with the written statement stating that the certificate is not issued. It ' s a temporary marine labor.

4. Marine inspection:

a) The specified content at the 2006 MLC Convention;

b) The document, the record proves that the vessel had sufficient processes to meet the relevant requirements of the 2006 MLC Convention;

c) The captain holds the provisions of the 2006 MLC Convention and the responsibilities of execution.

5. The validity period of the Certificate of Temporary Maritime Labour certification for 01 (one) vessel is not more than 06 (six) months. There was no temporary Maritime Labor certification after the initial temporary Maritime Labor Certificate expired.

What? 6. Loss of force, revoking the publication of the Partial Labor Workforce

1. The publication of the fitting of the I Maritime Labor Department is lost in effect in the following cases:

a) Change the name of the ship;

b) The ship changes the nationality flag;

c) Change the owner.

2. In the event of a change in the contents of the relevant text of the relevant legislation stated in the publication of the Partial Labour Labor in the I, the Vietnam Maritime Service has the obligation to guide the adjustment, revise the appropriate publication of the I Maritime Labor Department. Yeah.

3. Vietnam Maritime Service revoked the publication of the Consistent Workforce I in the case of a forgery, cleansing, or intentional misdirection of related information.

What? 7. Loss of force, recovery of Maritime Labor Certificate

1. Maritime Labour certification is lost in effect in the following cases:

a) The intermediation of the intermediation for Vietnamese ships with total capacity from 500 GT to the international route is not completed in the time of regulation at paragraph 4 Article 4 of this message;

b) The authority to confirm the vessel is no longer in accordance with the provisions of the 2006 MLC Convention;

c) The train changes the nationality flag;

d) Change the owner of the ship;

) Change the texture, equipment or method of compliance with the 2006 MLC Convention according to the regulation.

2. Vietnam ' s Bureau of Registration revoked the Maritime Labor Certificate in the following cases:

a) The ship is no longer able to meet the provisions of compliance with the provisions of the law of maritime labor;

b) Fake, deterred, or intentional misalignment of relevant information in the Maritime Labor Certificate Certificate and the publication of the II Maritime Labor Suitable Publication.

What? 8. Maritime labor check for Vietnamese shipping has a total capacity of more than 500 GT operating international routes.

1. Maritime Port Authority examines the implementation of maritime labour law on the Vietnamese ship with a total capacity of more than 500 GT operating international routes upon arrival and leaving the port waters of the jurisdiction.

2. The owner of the ship that has aspirations to be issued with the appropriate publication of the Maritime Labor and Customs Certificate of Marine Labelers is as for the Vietnamese ship carrying a total capacity from 500 GT to the international route operating at Article 3, Article 4. and Article 5 of this message.

3. The publication of the appropriate navigation of the maritime labor and the certification of the Marine Corps for the prescribed vessel at 2 This is lost in accordance with the provisions of Article 6 and Article 7 of this Information.

What? 9. Charge and charter fees, approval of the Public Labor Compliance Publication, Maritime Labor Certificate of Labor

Fees and fees, approve the Suitable Maritime Labour publication, Maritime Labor Certificate implemented by the Ministry of Finance regulations.

What? 10. The organization ' s responsibility, the individual involved

1. The responsibility of the organization, the individual whose ship is approved for the Suitable Maritime Labour, grant of Maritime Labor certification:

a) The publication of the Publication of Maritime Labor and the Certificate of Maritime Labor for Maritime Port, the relevant authorities at sea port as the procedure for the ship's departure, into the harbour;

b) The correct implementation of the content in the Public Works Suitable Publication, Maritime Labor certification, and the provisions of the 2006 MLC Convention.

2. The agency ' s responsibility, the approval of the Public Labor Compliance Publication, Maritime Labor Certificate and Inspection Of Marine Labor:

a) Vietnam Maritime Service, Vietnam Department of Registration: receiving and handling the case in accordance with the correct sequence of procedures, procedures, times of regulation at this Smart; responsible for the results of case appraisal, approval, and the granting of the appropriate publication of the Marine Labor, Certificate of Information I'm going to pay for it.

b) Maritime service: examination of the implementation of the law on maritime labour for the prescribed Vietnamese liner.

3. The responsibility of the French case: presided over, in coordination with the agencies involved in the examination, overseeing the granting of Maritime Labor certification, the publication of the appropriate Naval Labor Division I and the approval of the publication of the United States Maritime Labor Fair. II; in time to report the Secretary of Transportation to the inadequate and petition of the solutions in accordance with the actual situation.

What? 11. Effect of execution

This investment has been in effect since 1 November 2015 and replaces the Digital Information Digital. 45 /2013/TT-BGTVT November 19, 2013, by the Minister of Transport for the Department of Transportation Regulation, approval, the recall of the publication of the appropriate Maritime Labor and Maritime Labor Certificate.

What? 12. Well, Hi. Don't n

Chief of staff, Chief Inspector of the Department, the ministers, the Director of the Department of Maritime Affairs of Vietnam, the Director of the Bureau of Vietnam, the head of the agencies, organizations and individuals who are responsible for the operation.

Minister.

(signed)

The La rose.