Researching And Comparing Of Law Regime Of Protecting Seafarers’ Rights Between China And Vietnam

The most important labor force of shipping industry is a team of seafarers working on ship. This is an important indispensable element; it is a major contributor that directly influences on the economic efficiency of enterprises shipping in general as well as the whole maritime industry in particular. This is evident, the nations and international organizations have issued a lot of law documents and International Conventions, memos, protocols to protect seafarers’ rights.In 2006, the International Labor Organization (ILO) approved a single, coherent instrument embodying all up-to-date standards of existing international maritime Conventions and Recommendations, as well as fundamental principles to be found in other International Labor Conventions. The so-called consolidated "Maritime Labor Convention 2006" (MLC 2006) contains a comprehensive set of global standards that are already found in 68 maritime labor instruments.MLC 2006 is a set of minimum international standards on ensuring the stable job for seafarers; on the other hand, it helps to create an equal playing field for all qualified ships flying the flag of nations that has approved Conventions. As a result of this situation, this Convention also promotes the competition by ensuring the efficiency and increasing the reliability in maritime shipping; especially protects seafarers’ rights in the best way. This thesis will deeply analyze the legal regime of both Vietnam and China on protecting seafarers’ rights through seafarers labor contract, seafarers social protection and seafarers’rights resolving the disputes.From the analysis of the current situation of China and Vietnam legal regime of protecting seafarers’ rights, this thesis has also proposed some suggestions on improving Vietnam legal regime to protect seafarers’ rights through China experiences. Specifically, this article is divided into the following parts:Chapter 1:Introduce the reasons of choosing the subject, the legislation situation of protecting seafarers labor rights in major countries, the research situation of Vietnam scholars on protecting seafarers labor rights, the research situation of the mission for the purpose of the research and analysis, the methodology as well as research results.Chapter 2:Use the related concepts of protecting seafarers labor rights, theory of exploration, theory gist of seafarers’ rights respectively, and interpret the concept of seafarers and professional characteristics, the fundamental rights of seafarers. In addition to describe the relationship between seafarers’rights and other rights, the author shall explain the scope of seafarers’ rights under the rights of MLC 2006, as well as explain why this study only focuses on rights of labor contract, social security, labor dispute resolution.Chapter 3:Talk about seafarers labor contract; on the one hand, related rights of seafarers labor contract were introduced, and compare the advantages and disadvantages of relevant laws.Chapter 4:Discuss about the seafarers who shall be protected by the social security rights and relevant laws; on the other hand also to introduce seafarers’rights on the social insurance of Vietnam and China Law.Chapter 5:Introduce seafarers’rights in terms of labor dispute, seafarers’maritime lien during labor dispute.Chapter 6:Analyze how to perfect Vietnam seafarers’rights under work instructions and solution.Chapter 7:Analyze how to perfect China seafarers’rights under work instructions and solution.Chapter 8:Perfect methods of Vietnam and China laws and come to corresponding conclusions...