Fisheries Law
What labor laws apply to fishing workers on ships carrying a national flag?
Article 73
- Shipowners are entitled to choose eligible inspecting organizations or individual for commercial fishing vessel registration.
- Shipowners shall comply with regulations on inspecting commercial fishing vessels.
- Shipowners shall ensure working and living conditions, safety, legal rights and interests of and labor allowances for crewmembers.
- Shipowners shall assign ship officers according to the minimum safe manning levels in accordance with regulations issued by the Minister of Agriculture and Rural Development.
- Shipowners shall buy accident insurance and other compulsory insurance for crewmembers in accordance with regulations of law. And cover necessary travel and subsistence expenses arising from the repatriation of ship owners and crewmembers that are requested to leave their commercial fishing vessels by the masters.
- Shipowners shall take responsibility for violations of regulations on illegal commercial fishing
Article 75
- Master is the person having supreme command of a ship and works under the regime of head ship.
- A shipowner has the rights prescribed in Clause 2 Article 74 of this Article and is entitled to: a) Represent the shipowner and people having benefits related to property or aquatic products during the operation of the commercial fishing vessel or commercial fishing; b) Refuse to operate the commercial fishing vessel if it fails to satisfy conditions for ensuring safety of people and the vessel, food safety, maritime safety and preventing environmental pollution; c) Refuse to recruit unqualified crewmembers or crewmembers committing violations of law or force them to leave the commercial fishing vessel; d) Request the rescue if the commercial fishing vessel is in distress; dd) Decide to use urgent methods for taking the commercial fishing vessel to a safe place in case of emergency.
- A shipowner has the responsibilities prescribed in Clause 3 Article 74 of this Article and shall: a) Instruct, assign and urge crewmembers to comply with regulations on maritime safety, occupational safety, food safety and environmental safety; b) Check crewmembers, equipment and documents of the commercial fishing vessel, crewmembers before the commercial fishing vessel leaves the port; c) Update information on position of the commercial fishing vessel, quantity of crewmembers in accordance with regulations of law; present documents at the request of competent authorities; d) In case of natural disasters, accelerate the response to disaster by crewmembers and take the commercial fishing vessel to a safe refuge; dd) If the commercial fishing vessel meet with accidents, make timely responses and notify it to the nearest coastal radio station or competent authorities; e) If there are people in danger, take all methods for curing these people. If a person is dead, keep his/her property and will and concurrently notify it to the nearest coastal radio station, the ship owner, the dead person's family or competent authority; g) If the commercial fishing vessel operates from the inshore route to the outer boundary of Vietnam’s exclusive economic zone seawards; direct it to reach the fishing ports included in the list of appointed fishing ports published by the Ministry of Agriculture and Rural Development; h) If the commercial fishing vessel must be left due to force majeure, the master shall be the last person to leave the vessel; i) If other commercial fishing vessels meet with accidents, take timely rescue methods and notify it to the nearest coastal radio station or competent authority; follow the order to use the commercial fishing vessel for search and rescue issued by the competent authority; k) Keep and submit fishing logbooks; submits fishing reports; confirm the production of caught aquatic species; l) Take responsibility for violations of regulations on illegal commercial fishing.
- If crimes in flagrante or wanted fugitives are found on the commercial fishing vessel when it has left the port, the master will have the following rights and responsibilities: a) He is entitled to arrest or give an order to arrest criminals in flagrante or wanted fugitives; b) He shall take necessary methods and make documents in accordance with regulations of law; c) He shall protect evidence, transfer arrested people and documents to the competent authority when the commercial fishing vessel reaches the first fishing port in Vietnam or Vietnamese ships of fishery authorities which is performing duties at sea or notify the nearest representative authority of Vietnam and follow instructions of this authority if the commercial fishing vessel operates outside the Vietnam’s maritime boundary.