Circular 45/2013/tt-Bgtvt: Regulatory Procedures, Approve, Withdraw A Published Match The Maritime Labour Certificate And The Maritime Labour

Original Language Title: Thông tư 45/2013/TT-BGTVT: Quy định thủ tục cấp, phê duyệt, thu hồi Bản công bố phù hợp Lao động hàng hải và Giấy chứng nhận Lao động hàng hải

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The CIRCULAR stipulated procedures, approve, revoke a labor accord announced marine and maritime labour certificate _ _ _ _ _ _ _ _ _ _ _ _ _ _ The Vietnam maritime law base 2005;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to decision No. 547/2013/QD-CTN March 2013 of the President of the Socialist Republic of Vietnam about to join the maritime labour Convention, 2006.
According to the proposal of the Director General of international cooperation, the Vietnam Maritime Bureau Chief and Director of the Vietnam register;
The Minister of transport issued a circular regulating the procedure for granting, revoking, approval of A Labor accord announced marine and maritime labour certificate, chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the levels of approval, revocation of A Labor accord announced marine and maritime labour certificate according to the provisions of the maritime labour Convention, 2006 (hereinafter referred to as "the Convention MLC 2006") for Vietnam has total capacity from 500 GT or over international online activity or activity from a port or between the ports in other countries.
Article 2. The object that applies to this circular apply to organizations and individuals relating to the granting, revocation approval, A Labor accord announced marine and maritime labour certificate.
Article 3. Explanation of terms 1. The shipowner is the owner of the ship or the organization or other individuals as the Manager, agent or bare boat hire people that they are responsible for the operation of the ship instead of the owner of the ship and agreed to take on the obligations and responsibilities of the shipowner under the provisions of the Convention MLC 2006 regardless of whether or not the organization or individuals perform certain obligations and responsibilities on behalf of the shipowner.
2. Crewmembers who have qualified, standard took the title as defined and deployed to work on the ship, including the captain, officers and other titles.
Chapter II PROCEDURES, APPROVE, REVOKE a LABOR ACCORD ANNOUNCED MARINE and MARITIME LABOUR CERTIFICATE article 4. Procedure for grant of A suitable disclosure maritime labor part I 1. Vietnam Maritime Bureau issued A publication suitable maritime labor part I for Vietnam.
2. The shipowner sent directly or through the postal system 1 (a) to Vietnam Maritime Bureau proposed to grant A proper announcement of maritime labor part i. profile includes: a) grant proposal Application A suitable announcement of maritime workers in part I of the shipowner under the form prescribed in annex I of this circular;
b) 1 (a) a copy of (taking) the certificate of registration of the ship.
3. Vietnam Maritime Bureau received, check the records and handle as follows: a) case records filed directly, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the profile is not specified, then the full text guides ship owners have complete records;
b) case of receipt through the postal system, if the record is incomplete according to the regulation, within a period of 2 (two) working days from the date of receiving the application, the Maritime Bureau of Vietnam have written additional requirements, complete the profile;
c) within a period of 5 (five) working days from the date of receiving the full records as a rule, Vietnam Maritime Bureau appraisal, issued A publication suitable maritime labor part I under the form prescribed in annex II of this circular and send home the ship 2 (two) copies. The case not to grant A publication suitable maritime labor part I, Vietnam Maritime Bureau must have written answers for ship owners and stating the reason.
Article 5. Procedure for approval of A suitable disclosure maritime labour part II and certification of maritime labour 1. Vietnam register approved the Accord announced in maritime labour part II and certification of maritime labour for Vietnam.
2. The shipowner sent directly or through the postal system 1 (a) to register suggested Vietnam approved A Labor accord announced the maritime part II and certification of maritime labour. The records include: a) petition approved the Accord announced in maritime labour part II and the labor certification for marine vessel according to the form prescribed in Appendix III of this circular;
b) 1 (a) A publication suitable maritime labor part I has been granted Vietnam Maritime Bureau according to the form prescribed in annex II of this circular;
c) 1 (a) A published match of maritime labour part II by ship owners established according to the form prescribed in annex IV of this circular;
d) 01 (a) a copy of the labor contract and the collective labour agreement in force;
DD) 1 (a) a copy of the management processes of maritime Labor Board.
3. Vietnam register receipt, check the records and handle as follows: a) case records filed directly, if the full level record receipt records and appointments charged results by the deadline specified in point c of this paragraph; If the profile is not specified, then the full text guides ship owners have complete records;
b) case of receipt through the postal system, if the record is incomplete according to the regulation, within a period of 2 (two) working days from the date of receiving the Vietnam register, record in writing additional requirements, complete the profile;
c) within a period of 5 (five) working days from the date of receiving the full records as defined in paragraph 2 of this Article, the Vietnam register to complete the evaluation of A suitable disclosure maritime labour part II and the presentation document attached; If evaluation results are not satisfactory then requested additional finishing, ship owners;
d) if the results of the evaluation A suitable announcement of maritime labour part II, Vietnam register to notify ship owners to organize reviews of the implementation of A suitable disclosure maritime labour part II and the provisions of the Convention MLC 2006 on a ship;
DD) If the above assessment results of the ship to meet the provisions of the Convention MLC 2006 shall within a period of 1 (one) business day, since the completion of the evaluation, the Bureau approved the Vietnam register announced the suit part II and maritime labour certificate for maritime workers according to the form prescribed in annex V of this circular and send ship owners;
e) If results reviews on board does not meet the provisions of the Convention MLC 2006 shall within a period of 1 (one) business day, since the completion of the evaluation, the Vietnam register must reply in writing stating the reason for not approving A publication suitable maritime labour part II and the non-maritime labour certificate.
4. The time limit for the validity of the maritime labour certificate is 5 (five) years with the condition that the ship must be tested once in the intermediate time period from the due date of the second annual to annual due date for the third time since the date of certification of maritime labour to ensure the train still meet the requirements of the Convention MLC 2006.
Article 6. The maritime labour certificate temporarily 1. The maritime labour certificate temporarily granted in the following cases: a) new ships delivered after closing;
b change the nationality flag Ship);
c) change of owner.
2. The shipowner sent directly or through the postal system 1 (a) to register Vietnam suggest the certification of maritime labour temporarily. The records include: a) petition the labor certification of maritime ship owners according to the form prescribed in Appendix III of this circular;
b) copy records suggest the level A Labor accord announced the maritime part I were sent to Vietnam Maritime Bureau as specified in clause 2 4 of this circular.
3. Vietnam register receipt, check the records and handle as follows: a) case records filed directly, if the full level record receipt records and appointment paid results according to the prescribed time limit; If the profile is not specified, then the full text guides ship owners have complete records;
b) case of receipt through the postal system, if the record is incomplete according to the regulation, within a period of 2 (two) working days from the date of receiving the Vietnam register, record in writing additional requirements, complete the profile;
c) within a period of 5 (five) working days from the date of receiving the full records as defined in paragraph 2 of this Article, the Vietnam register to notify the shipowner to organise checks on ships on the content of the provisions of paragraph 4 of this Article;
DD) If the test results on the ship to meet the provisions of the Convention MLC 2006 shall within a period of 1 (one) business day, since the completion of the inspection, the Vietnam register certification of maritime labour temporarily according to the model specified in annex VI of this circular and sent home;
e) If test results on the Board does not meet the provisions of the Convention MLC 2006 shall within a period of 1 (one) business day, since the completion of the inspection, the Vietnam register must answer the shipowner in writing stating the reason not the certification of maritime labour temporarily.
4. content check on a sea vessel) The content of the provisions in the Convention MLC 2006;
b) documents, records show that the ship has adequate procedures to meet the requirements of the Convention MLC 2006;
c) captain to master the rules of the Convention MLC 2006 and implementation responsibilities.
5. The time limit for the validity of the maritime labour certificates issued to temporary 01 (a) the vessel is 6 (six) months.
Article 7. Void, revoking A publication suitable maritime labor part I 1. A published match of maritime labor part I lost force in the following cases: a) change the name of the ship;
b change the nationality flag Ship).
2. In case of changing the content of the legal texts concerned stated in A published match of maritime workers Maritime Bureau part I, Vietnam is obliged to guide and regulate, modify A published match of maritime labor part I accordingly.
3. Vietnam Maritime Bureau to revoke A Labor accord announced the maritime part I in the case of the fake ship owners, erased or intentionally misrepresent the relevant information.
Article 8. Take effect, withdraw the maritime labour certificate

1. the maritime labour certificate to lose force in the following cases: a) The intermediate inspection is not completed within the time prescribed in clause 4 Article 5 of this circular;
b) the Agency has the authority to confirm the vessel is no longer consistent with the provisions of the Convention MLC 2006;
c change the nationality flag Ship);
d) change the shipowner;
DD) structural changes, equipment or method of compliance with the Convention MLC 2006.
2. Vietnam register revocation of the certificate of maritime workers in the following cases: a) the ship is no longer able to meet qualified in compliance with the provisions of the maritime labour legislation;
b) forgery, erased or intentionally misrepresent the relevant information outlined in the maritime labour certificate and A published match of maritime labour part II was approved.
Article 9. Fees and charges, approved A Labor accord announced marine and maritime labour certificate fees and charges, approved A Labor accord announced marine and maritime labour certificates made under the provisions of the Ministry of finance.
 
Chapter III IMPLEMENTATION article 10. The liability of the Organization, the individual concerned 1. The liability of the Organization, the individual has the ship been approved A Labor accord announced marine and maritime labour certificate: a) present A Labor accord announced marine and maritime labour certificate for Maritime Ports, the relevant bodies at the sea port when the procedures for boat , on port;
b) done properly according to the content in A published match of maritime labour and the maritime labour certificate.
2. The responsibilities of the agency receiving and processing the profile: a) made the reception and processing of the records in the correct sequence, procedure, the time specified in this circular;
b) responsible for the results of the evaluation, approval and issuing A publication suitable maritime labour and maritime labour certificate.
3. Accountability: monitoring, Inspection Service legislation is responsible, in coordination with the relevant authorities inspect the certification of maritime labour, A suitable announcement of maritime labor part I and the approval of A suitable disclosure maritime labour part II , timely reports to the Minister of transport regarding the inadequacies arising, and recommended solutions are consistent with the actual situation.
Article 11. Effect 1. This circular effect since January 2014.
2. Attached to this circular 6 annexes, namely: a) Annex i: grant proposal form A proper disclosure of maritime labor part I;
b) Appendix II: sample of A suitable disclosure maritime labor part I;
c) Appendix III: forms suggest approval of A Labor accord announced the maritime part II and certification of maritime labour;
d) Appendix IV: sample of A suitable disclosure maritime labour part II;
DD) Appendix V: model maritime labour certificate;
e) Appendix VI: model maritime labour certificate.
Article 12. The Organization made The Chief, Chief Inspector, the Director of the Vietnam Maritime Bureau Director, Director of the Vietnam register, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.