Researching the system of Chinese and Vietnamese Law on Seafarers - From the Viewpoint of Maritime Labor Convention 2006

Abstract

In Vietnam, the issues relating to seafarer are specified in many different law normative documents. However, the law regulations are not actually united and suitable with ensuring the seafarer’s rights and interests, especially some problems relating to labor contract, wages, insurance regulations, working time… Furthermore, the stipulations of Vietnamese law on adjusting the seafarer relevant issues have not had specific characteristic yet. Thus, it is time to perfect the regulations of Vietnamese law associating with the seafarer’s rights and duties as soon as possible, at the same time it is essential to speed up the process of approving Maritime Labor Convention 2006 [MLC 2006] of International Labor Organization in order to create the legal basis for protecting the seafarer’s benefit.

Whereas the system of Vietnamese law on seafarers has still lacked or have not had characteristic regulations to create the best protection for seafarer yet. China has had the certain advances in reforming the seafarer law system, for example, they had promulgated Regulations of the People's Republic of China on Seafarers or built Collective Labor Deal. However, the regulations of Chinese law on the social protection of seafarer have not been perfected yet; with the arising problems it has not really had legal basis yet to properly protect the seafarer’s benefit. In other hand, China is also in the process of joining MLC 2006. For this reason, this article will analyze the current situation to perfect the system of Chinese and Vietnamese law on seafarers – From the viewpoint of Maritime Labor Convention 2006.

Keywords: seafarer; MLC 2006; labor contract of seafarer; social protection of seafarer; seafarers’ rights