VIETNAMESE LAW: NAVIGATING THE COMPLEXITIES OF CREW CLAIMS

In the sense that there are few jobs that both require extraordinary commitments from workers, then turn around and subject them to the constant threat of danger. Once sailors sign up for a voyage, they have no choice but to brace for month upon month of hard labor, stranded thousands of miles from home on an island made of steel and mortar, left exposed to the elements with nothing but the clothes on their backs. Work is round the clock when your work is the vessel you live in, and there’s just no telling where the next crisis will come from.

Governing Regulations

“Crew claims” is a colloquial term to address insurance claims arising from events affecting the interests pertaining to the persons of crew members, which can be occupational accidents, diseases, repatriation expenses, medical costs, losses due to ship disasters, and even in grim cases of death. The process of settling crew claims demands an intricate dance with a myriad of Vietnamese laws, among them are the Labor Code, the Law on Occupational Safety and Hygiene, the Law on Social Insurance, and most important of all, the Maritime Labor Code. Throw in the decrees and circulars that come with these provisions, and the Vietnamese regulations on crew claims become infinitely more convoluted and more taxing on the claim handler.

Settling crew claims in Vietnam is therefore never a straightforward affair. Overlaps and conflicts between governing regulations are almost always a given. Not only that, but ambiguities and inconsistencies in the word of law can lead to a plethora of contentious legal issues. There have been countless instances where the existing legal provisions remain silent on an issue, specifically because the drafters are unable to work out a satisfactory provision for it. These instances have been known to put claim handlers in a challenging position.

Complex Problem-Solving

Our lawyers at ANHISA have long been the trusted counsels and lawyers for all P&I clubs in all instances of crew claims. In our practical cases, we have advised and resolved situations when a P&I club proactively approached the bereaved family of one ill-fated Engineer who untimely passed away while on board and offered a fair settlement in the common interest of all parties. ANHISA lawyers have helped both parties reach a settlement that is fair, prompt, final and amicable. Emphasis must be added to the finality of the settlement, where the P&I club was satisfied with how ANHISA made sure that the settlement would not give rise to any risks of litigation against the P&I club, and how ANHISA has satisfied all conditions and requirements of the family, so that they would rest easy.

That is only one common, run-off-the-mill case where we assisted P&I clubs during our course of work. Many other cases require not only the knowledge of shipping laws, but also the insight into the local market, strategic deftness to understand how to give clients what they need, while preventing risks against them from manifesting, and probably more so in the case of crew claims, empathy towards people and a sense of conciliation. With our fundamental base and deep roots in shipping practice, along with the experience of working with international and local clients, we are most well-equipped to help you resolve all your issues with efficiency, punctuality, and enthusiasm.

If you seek assistance in settling crew claims, please do not hesitate to contact us via:

ANHISA

Mr. Dang Viet Anh

Email: anh@anhisa.com

T: +84 28 5416 5873

M +84 983 467070

Mr. To Vu Nhat Minh

Email: minh@anhisa.com

T: +84 24 320 47609

M: +84 36 426 0088