Circular 05/2012/tt-Bgtvt: Regulation Of Working Time, Rest Time For Crews Working On Ships Vietnam

Original Language Title: Thông tư 05/2012/TT-BGTVT: Quy định thời giờ làm việc, thời giờ nghỉ ngơi đối với thuyền viên làm việc trên tàu biển Việt Nam

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TRANSPORT DEPARTMENT
Number: 05 /2012/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 6, 2012

IT ' S SMART

Time to work, time to rest.
For
The boat works on the coast of Vietnam.

______________________

Vietnam Maritime Code Base June 14, 2005;

The Labor Code base on 23 June 1994, the Law amended, added a number of provisions of the Labor Code of 29 November 2006 and the amended Law, the addition of Article 73 of the Labor Code dated 2 April 2007;

Base of Protocol 109 /2002/NĐ-CP December 27, 2002 of the Government on the Amendment, adds some of the provisions of Decree No. 195 /CP on December 31, 1994 of the Government Regulation and guidelines for certain provisions of the Labor Code of the time of work, time of rest;

Base of Protocol 51 /2008/NĐ-CP April 22, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Transport;

The International Convention on the Standards of Training, certification and intuition for the 2010 78-modified boat that Vietnam is a member;

The Minister of Transportation issued a time of work, time for work, and time for the ship to work on Vietnamese ships.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

This provision provides time for work, time of rest, to apply to the boat working on the Vietnamese liner.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. "Time to work" is the time the boat must perform its mission on board.

2. "Time of rest" is a time outside working on the ship; the term does not include the break-time periods.

Chapter II

TIME OF WORK, TIME OF REST FOR THE BOAT WORKING ON THE VIETNAM SEA.

What? 3. Time to work

1. The boat works on the Vietnamese liner according to the shift and is maintained 24 hours of continuous day, including weekday, holidays.

2. Time of maximum work:

a) 14 hours of work for 24 hours in continuous;

b) 72 hours of work for 7 consecutive days.

3. Emergency case involving security, safety of ships, of people on board, cargo, helping other ships or rescuing people in the sea, the captain has the right to ask the boat to perform hours of work any time required. As soon as the mission is completed in case of an emergency and when the situation returns to normal, the captain must make sure every ship that has done this mission in time is allowed to rest on time to rest in time. specified at paragraph 1 Article 4 of this message.

4. The working time of the boat on board must form a prescribed table at the Appendix I of this Smart. The crew's hours of work on the ship must be established in two languages, English and English, where they are visible. The crew must be issued a copy of their time record and have the signature of the captain or the officer's control and signature.

What? 4. Rest Time

1. The minimum time of rest:

a) 10 hours of rest in 24 hours of continuity;

b) 77 hours of rest for 7 consecutive days.

2. The number of rest hours in 24 hours is continuously divided into two stages, one of which is at least six hours and the distance between the two consecutive periods is not over 14 hours.

3. In case of an emergency or in other important activities such as: focus, fire training, rescue or other training under the regulation, the captain may be able to spend time off without regulation at paragraph 1 of this but his father ' s father. It had to limit the maximum effect of the time of rest, not to get tired of the boat, and had to take a break for the rest of the time to rest under 70 hours in the seven-day period.

a) The application of the exception to the time of resting time specified at point b, paragraph 1 of this Article is not done over a period of two weeks in a row. The time between the two stages applied the exception was not less than twice the time period of the period that adopted the previous exception;

b) The time period specified at the point a, paragraph 1 of this can be divided into three stages, one of which is not under 6 hours and one of the two remaining stages is not under one hour. The time between the two adjoining periods is not exceeding 14 hours. The exception of the procedure cannot exceed two periods of 24 hours over a seven-day period.

4. The time of the boat 's rest on the ship must be set up in accordance with the provisions at Annex II of this Notice, the boat' s time sheet resting on the ship must be set up in two Vietnamese languages, English and notifications at ease. see. The crew must be issued a copy of their resting time board and have the signature of the captain or the officer ' s control and signature.

Chapter III

THE ORGANIZATION.

What? 5. Effect of execution

1. This message has the enforcement effect after 45 days from the date of the signing.

2. Repeal Digital 20 /2001/TT-GTVT November 12, 2001, of the Minister of Transport for the implementation of the working-time regime, the time of rest for the boat worked on the shipping ship and the previous provisions against this message.

3. This is issued with the following 2:

a) Annex I: Table time board working on the ship;

b) Annex II: Time table resting on board.

What? 6. Organization to execute

1. Vietnam Maritime Service is responsible for presiding over, in coordination with the relevant agencies that implement this Information.

2. Chief of Staff, Chief Inspector Chief, Chief of the Department of Affairs, Director of the Vietnam Maritime Bureau, the chief of the agencies, organizations and individuals who are involved in the responsibility of this private practice ./.

Minister.

(signed)

The La rose.