Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention du travail maritime, 2006 (MLC, 2006) - Mongolie (Ratification: 2015)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2022 will enter into force for Mongolia on 23 December 2024.

Impact of the COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that Mongolia Maritime administration issued Marine Circulars No. 1-34 on Novel Coronavirus, dated 7 February 2020, to provide information and guidance on the precautions to be taken to minimize risks to seafarers, passengers and others on board ships from COVID-19, and No. 1-40 on Crews denied off due to Coronavirus, dated 17 February 2020. The Committee takes note of this information.

Article I. General questions on application. Implementing measures. In reply to its previous comments, the Committee notes the Government’s indication that it took effective steps to implement the MLC, 2006, through the adoption of its revised Maritime Law on 3 June 2022 (hereafter Maritime Law of Mongolia), which took effect on 1 July 2022, the issuance of Regulation on Conducting Flag State Control and Inspection on 31 March 2023 by Order No. A/92 of the Minister of Road and Transport Development to monitor the living and working conditions of seafarers, and the adoption of an important number of Marine Circulars to give effect to specific provisions of the MLC, 2006. The Committee welcomes the adoption of these national provisions and draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. In reply to the Committee’s previous comment, the Government states that the definition of “seafarer” in the Maritime Law of Mongolia remains unchanged from the draft version, due to time constraints and procedural issues. A proposal to amend the definition in compliance with Article 2, paragraph 1(f) is under preparation. The Government further indicates that although the national legislation does not define the status of cadets or apprentices, it is considered that they are seafarers covered by article 11.2 of the Maritime Law of Mongolia, and enjoy the protection afforded by the Convention. In light of the above, the Committee requests the Government to take the necessary measures without delay to give effect to Article II, paragraph 1(f) and 2, and to provide updated information on the progress made in this regard.

Article VII. Consultations. In reply to its previous comment, the Committee notes the Government’s indication that there are no shipowners’ and seafarers’ organizations in Mongolia and that consequently, any derogation, exemption or other flexible application for which the Convention requires consultations are subject to discussion of the Tripartite National Commission on Labour and Social consensus, which includes the Confederation of Mongolian Trade Unions, the Mongolian Employers’ Federation and the Mongolian National Chamber of Commerce and Industry. The Committee requests the Government to provide information on the activities of the Tripartite National Commission on Labour and Social consensusrelated to the implementation of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that, in response to its previous request, the Government refers to article 11.2 of the Maritime Law of Mongolia, which now sets the minimum age to be employed or engaged or work on board ship at 18 years of age. Mongolia Maritime Administration has accordingly changed the minimum age to 18 in the Declaration of Maritime Labour Compliance (DMLC), Part I, and the relevant Marine Circulars. While welcoming this information, the Committee recalls that it had noted that paragraphs 109.2 and 109.3 of the Labour Code 1999 allow for exceptions to the prohibition of the employment, engagement or work on board a ship of any person under the age of 16. The Committee requests the Government to clarify whether the provisions of the Maritime Law of Mongolia are considered lex specialis in this case and prevail over the Labour Code. The Committee further requests the Government to adopt the necessary measures to amend the Labour Code in order to avoid any inconsistencies in the legislation giving effect to the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Referring to its previous comments, the Committee notes the Government’s indication that, in accordance with the Maritime Law of Mongolia, which now sets the minimum age for any seafarer to be employed, engaged or work on board the Mongolian-flagged vessel at 18 years of age, night work is therefore prohibited for seafarers under 18, without exception. The Committee further notes the Government’s indication that Mongolia Maritime Administration revised the DMLC, Part I accordingly and that section 1.7 of Marine Circular No. 1-214-2020 will also be amended to be aligned with the Maritime Law of Mongolia and the requirement of the Convention. The Committee requests the Government to adopt the necessary measures to give full effect to this requirement of the Convention and to provide information on the progress made in this regard.

Regulation 1.2 and the Code. Medical certificate. The Committee notes with interest that Mongolia Maritime Administration issued Marine Circular No. 01/151/2024 on Guidelines for medical examination of seafarers and seafarer’s medical certificate, which gives effect to the various requirements of Standard A1.2. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and the Code. Recruitment and placement. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A1.4, paragraph 9. The Committee notes with interest that Mongolia Maritime Administration issued Marine Circular No. 01/243/2024 on Guidelines for Seafarers Recruitment and Placement Services, which provides that shipowners or operators of Mongolian-flagged vessels who use these services based in countries or territories in which the MLC, 2006 does not apply shall comply with the relevant requirements of Regulation 1.4 and the Code. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that, in response to its previous request, the Government refers to Marine Circular No. 01/181/2024 on Guidelines for Seafarers Employment Agreement which defines the requirements for the Seafarer’s Employment Agreement (SEA) to ensure fair and standardized working conditions for seafarers working on board Mongolian-flagged ships. While welcoming this information, the Committee observes that Marine Circular No. 01/181/2024 does not give effect the following two requirements: (i) the protection given by Standard A2.1, paragraph 1(d) to ensure that copies of SEA are accessible on board to seafarers, including the ships’ master, and that they can also be accessed by officers of a competent authority at an inspection during a stopover; and (ii) Standard A2.1, paragraphs 1(e) and 3 with respect to the document containing the record of the seafarers’ employment on board the ship. The Committee notes the various examples of SEAs submitted by the Government. Recalling that the protection given by the detailed requirements of Standard A2.1 must be prescribed by legislation, the Committee requests the Government to adopt the necessary measures without delay to ensure the full conformity with the Convention.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes with interest that Marine Circular No. 01/181/2024 on Guidelines for Seafarers Employment gives effect to the requirements of the 2018 amendments to the Code of the MLC, 2006. The Committee takes note of this information.

Regulation 2.2 and Standard A2.2, paragraphs 3 to 5. Wages. Allotments. The Committee notes that, in response to its previous request, the Government refers to Marine Circular No. 01-248-2024 on Guidelines on Seafarer’s Wages which gives effect to the requirements of Standard A2.2 with respect to the possibility for seafarers to allot their earnings to their families or dependants or legal beneficiaries. The Committee observes that the Government no longer refers to the Articles of Agreement which previously implied that the allotment of the seafarer’s wages had to be agreed by both the master and the seafarer. The Committee also notes that the payments to seafarers shall be at the prevailing market rate or official published rate of exchange used where payment has been made in a currency or at a rate different from the one to which agreed. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraphs 5, 6 and 13. Hours of work and hours of rest. Division of hours of rest. Referring to its previous comments, the Committee notes the Government’s indication that exceptions to the minimum hours of rest for watchkeepers are permitted by Marine Circular 1/213/2020 on principles of watchkeeping during overriding operational conditions such as those stipulated under Standard A2.3, paragraph 14. The Committee observes that Marine Circular 1/214/2020 on requirements for minimum hours of rest, applicable to all seafarers working onboard Mongolian vessels to which the STCW (as amended) and the MLC, 2006 apply, provides for an adequate period of rest as soon as practicable after the normal situation has been restored. The Committee takes note of this information, which addresses its previous request.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. The Committee notes with interest that the provisions of Marine Circular No. 01-249-2024 on Guidelines on Entitlement to Leave, Marine Circular No. 01-181-2024 on Guidelines on Seafarer’s Employment Agreement and Marine Circular 01-248-2024 on Guidelines on Seafarer’s Wages give effect to the requirement of Standard A2.4, paragraph 2 that the annual leave with pay entitlement for seafarers shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. Marine Circular No. 01-249-2024 on Guidelines on Entitlement to Leave also implements the requirement of Regulation 2.4, paragraph 2 that seafarers shall be granted appropriate shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. The Committee takes note of this information, which addresses its previous request.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. In reply to the Committee’s previous request, the Committee notes that the Government refers to Marine Circular No. 01-249-2024 on Guidelines on Entitlement to Leave. The Committee notes that section 5 of the aforementioned Marine Circular provides that the Administration will take into account the following when permitting a seafarer to forgo the minimum annual leave with pay and continue being engaged under the SEA for a period not exceeding 14 months: (a) the reason for foregoing minimum annual leave with pay; (b) the shipowner and the operator can satisfactorily demonstrate that all possible efforts have been expended to repatriate the seafarer without success; (c) the seafarer has provided written confirmation accepting the extension of the SEA; (d) the shipowner or the operator provides a repatriation plan for the approval and which will result in the repatriation of the seafarer; and (e) a proper risk assessment carried out by the shipowner taking into account the ship’s trading pattern, the seafarers’ record of rest hours, fatigue and other identified hazards. Section 6 of the same Marine Circular provides that a seafarer taking annual leave should be recalled only in cases of extreme emergency and with the seafarers’ consent. The Committee considers that this provision needs to be understood in a restrictive manner. In contrast, to read this provision as a broad authorization to forgo annual leave for cash compensation or otherwise, would defeat the purpose of Regulation 2.4, which is to ensure that seafarers have adequate leave. In this context, the Committee requests the Governmentto adopt the necessary measures to ensure that authorizations to forgo annual leave are limited to exceptional cases, to communicate statistical information on the number of authorizations issued, and to provide detailed information about such cases.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that, in reply to its request on the legislation giving effect to Standard A2.5.1, paragraphs 1 and 2(a), the Government refers to the provisions of Marine Circular No. 01/250/2024 on Guidelines on Seafarer’s repatriation and Marine Circular No. 01/181/2024 on Guidelines on Seafarer’s Employment Agreement. While noting that the aforementioned provisions prescribe the circumstances in which seafarers are entitled to repatriation in accordance with Standard A2.5.1, paragraphs 1 and 2(a), the Committee observes that, under sub-section 1.6 of Marine Circular No. 01/250/2024 on Guidelines on Seafarer’s repatriation, the entitlement to repatriation ceases: (a) where the seafarer fails without reasonable cause to comply with any reasonable arrangements made by the shipowner for their repatriation; (b) where, despite reasonable efforts made by the shipowner to contact them, the whereabouts of a seafarer remains unknown; (c) where the seafarer informs the shipowner in writing that they do not wish to be repatriated by the shipowner; and (d) where the seafarer has died. The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1, are met. The only case in which this right may lapse in conformity with the Convention is contemplated under Guideline B2.5.1, paragraph 8, in the case in which the seafarers concerned do not claim that right within a reasonable period of time to be defined by national laws or regulations or collective agreements. The Committee further observes that there does not seem to be a reference to the procedure and processes which would be used to determine what would be a reasonable cause or not to consider that the seafarer has failed to comply with any arrangements made by the shipowner for their repatriation pursuant to section 1.6(a) of Marine Circular No. 01/250/2024. Observing that section 1.6(a) and (c) of Marine Circular No. 01/250/2024 on Guidelines on Seafarer’s repatriation is not in conformity with the Convention, the Committee requests the Government to adopt the necessary measures to ensure that any provision of national legislation which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes the Government’s indication, in reply to its previous request, that sub-section 7.4 of Marine Circular No. 01/181/2024 on Guidelines on Seafarer’s Employment Agreement states that any earned paid leave must be taken before one year after the enlistment aboard and in no case shall exceed 11 months consecutively. In addition, section 5 of Marine Circular No. 01/249/2024 on Guidelines on Entitlement to leave provides that the maximum period that a seafarer can serve on board a ship is 11 months before taking minimum paid annual leave. While noting this information, the Committee observes that some of the examples of SEAs submitted by the Government provide that “a seafarer shall be engaged for 11 months, which period may be extended by 1 month for operational convenience”. Recalling that the duration of the SEA should be distinguished from the maximum period of service on board, the Committee requests the Government to adopt the necessary measures to ensure that the maximum continuous period of service on a ship without leave is limited to 11 months, including in the event of the terms of the contract being extended.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that, in reply to its previous comments, the Government refers to the provisions of Marine Circular No. 01-250-2024 on Guidelines on Seafarer’s Repatriation, which stipulate the precise entitlements to be accorded by shipowners for repatriation. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that, in response to its previous request, the Government refers to sub-section 6 of Marine Circular No. 01/181/2024 on the Guidelines on Seafarer’s Employment Agreement which states that in instances where seafarers are dismissed for disciplinary reasons or have violated their obligations under their SEA, they may not have a right to repatriation funded by the shipowner. It also refers to sub-sections 3.3 and 3.4 of the Marine Circular No. 01-250-2024 on Guidelines on Seafarer’s Repatriation, which stipulate that the shipowner cannot recover the cost of repatriation from the seafarer’s wages except where the seafarer has been found to be in serious default of their obligations under their SEA or has been guilty of serious misconduct. The Committee further observes that one of the SEAs provided by the Government states that a seafarer shall be entitled to repatriation at the company’s expense on termination of employment except where such termination arises due to misconduct, constituting a serious default of the seafarers employment obligations which gives rise to a lawful entitlement to dismissal and another example of SEA communicated by the Government indicates that the Company will deduct the cost of repatriation from the seafarer’s salary in the following cases: (a) rightful dismissal; (b) desertion; (c) criminal offenses; or (d) unjustifiable repudiation of the shipping Articles. If a seafarer is fired in circumstances where seafarer have been dismissed on disciplinary grounds or have breached seafarer’s obligations under this Agreement, he/she shall only be entitled to salary for the services rendered, the payment of proportional annual leave and his/her repatriation. Observing that the terms for what those “disciplinary reasons” justifying dismissal might be considered to be “violations” or “serious default” of the seafarers’ employment obligations or “serious misconduct” do not seem to be explicitly and uniformly determined by the relevant legislation or applicable collective bargaining agreements as situations where the shipowner may recover the costs of repatriation, pursuant to Standard A2.5.1, paragraph 3. The Committee recalls that this definition should not be left at the discretion of the shipowner.The Committee requests the Government to: (i) take the necessary measures to ensure that what is considered to be serious default of a seafarers’ obligations under their SEA or serious misconduct shall be explicitly determined by the relevant legislation, or other measures, or applicable collective bargaining agreements as situations where the shipowner may recover the costs of repatriation and not forfeit the seafarer’s right to repatriation; and (ii) specify the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in serious default of the seafarer’s employment obligations, pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee requested the Government to indicate how it ensures that seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering. In its reply, the Government refers to the provisions of Marine Circular No. 01/251/2024 on Guidelines on Seafarer compensation for the ship’s loss or foundering. The Committee observes that while section 1 stipulates that seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering, section 2 only refers to compensation by the shipowner for injury or loss arising from the ship’s loss or foundering. The Committee further observes that section 3 specifies that compensation may be limited to two month’s wages and is payable for each day the seafarer remains unemployed. However, it is not clear whether compensation is strictly limited to circumstances where termination of an employment agreement is due to an occupational accident resulting from the loss or foundering of the ship. The Committee recalls that, in accordance with Standard A2.6, paragraph 1, each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner pays to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, irrespective of injury or loss. The Committee requests the Government to confirm that seafarers receive adequate compensation in the case of unemployment arising from the ship’s loss or foundering, irrespective of whether termination of the employment agreement is due to an occupational accident resulting from the loss or foundering of the ship (Standard A2.6, paragraph 1 and Guideline B2.6.1).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that, in response to its previous request, the Government refers to Marine Circular No. 01/312/2024 on Standards for Accommodation and Recreational Facilities on board Mongolian flagged ships, which gives effect to the detailed requirements of Regulation 3.1 and the Code. The Committee, however, observes that Article Q provides that shipowners may seek exemption by the Administration from compliance with some provisions of the Marine Circular implementing the MLC, 2006 for yachts of less than 500 gross tonnage. The Committee recalls that limited exemptions are only permitted under Standard A3.1, paragraph 20, for ships of less than 200 gross tonnage. The Committee accordingly requests the Government to provide information on the kind of exemptions authorized for yachts of less than 200 gross tonnage, and to adopt the necessary measures to ensure that the protection afforded by the Convention is guaranteed to seafarers working on yachts above 200 gross tonnage engaged in commercial activities.

Regulation 3.2 and the Code. Food and catering. The Committee notes with interest that the Mongolia Maritime Administration issued Marine Circular No. 01/257/2024 on Guidelines for Food and Catering, which implements the various requirements of Regulation 3.2 and the Code.The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that, in response to its previous request, the Government indicates that Mongolia Maritime Administration issued Marine Circular No. 1/306/2024 on Seafarer’s Medical Care on Board Ship and Ashore, which gives effect to the requirements of Regulation 4.1 and the Code. Observing the Government’s indication that the Merchant Shipping (Certification and Manning) Rules, 2003 are no longer in force in Mongolia and that neither Marine Circular No. 1-215-2020 on Standards of Training, Certification and Watchkeeping for Seafarers nor Marine Circular No. 1-255-2024 on Guidelines on Minimum Safe Manning Requirement prescribe that ships carrying 100 or more persons and ordinary engaged on international voyages of more than three days’ duration shall have a qualified medical doctor, the Committee observes that this requirement no longer seems to be established in the national provisions, as required under Standard A4.1, paragraph 4(b). The Committee requests the Government to adopt without delay the necessary measures to ensure full compliance with this provision of the Convention.

Regulation 4.2 and the Code. Shipowners’ liability. Referring to its previous comments, the Committee notes the Government’s indication that Marine Circular No. 1-181-2024 on Guidelines on Seafarer’s Employment Agreements, Marine Circular No. 1-198-2020 on Amendments of 2014 to MLC, 2006, new compulsory financial requirements pertaining to the repatriation of abandoned seafarers and work injury compensation, and Marine Circular No. 01/248/2024 on Guidelines on Seafarer’s Wages, implement the minimum standards of Standard A4.2.1 on material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement. The Committee, however, notes that sub-section 7.3 of Marine Circular No. 01/248/2024 on Guidelines on Seafarer’s Wages provides for an exception to seafarers’ entitlement to the corresponding benefits in cases of sickness or injury when the seafarer refuses medical treatment for such sickness or injury or is denied such treatment because of misconduct or default. Since these exclusions from the shipowner’s liability do not correspond to the possible exclusions provided in Standard A4.2.1, paragraph 5, the Committee requests the Government to indicate the measures adopted to ensure full conformity with this provision of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes with interest that sub-section 7.2 of Marine Circular No. 01/248/2024 on Guidelines on Seafarer’s Wages provides that the shipowner or his representative shall take adequate measures for safeguarding property left on board by a sick, injured or deceased seafarer.The Committee takes note of this information, which addresses its previous request.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes with interest that, in response to its previous request, Mongolia Maritime Administration issued Marine Circular 01/318/2024 on Health and Safety Protection and Accident prevention, which gives effect to the detailed requirements of Regulation 4.3 and the Code. The Committee also notes the example of an approved DMLC, Part II, provided by the Government, which refers to the measures put in place with respect to occupational safety and health on board the ship. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and the Code. Social security. The Committee notes that, in reply to its previous comments, the Government indicates that currently no measures have been adopted to implement Regulation 4.5 and the Code and that it will take action based on national conditions and international cooperation to progressively provide comprehensive social security protection for seafarers. While noting this information, the Committee requests the Government to adopt without delay the necessary measures to comply with these requirements of the Convention and toprovide updated information on the progress made in this regard.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. In reply to its previous comment, the Committee notes that the Regulation on Conducting Flag State Control and Inspection regulates relations of operation of conducting Flag state control and inspection for compliance of Mongolian vessels with international treaties, conventions, and laws. The Committee also notes that the Flag State inspection checklist provided by the Government verifies compliance with the MLC, 2006. The Committee, however, notes that the national provisions do not seem to require a copy of the MLC, 2006 to be kept on board all ships flying its flag. Recalling that, under Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the MLC, 2006 available on board, the Committee requests the Government to adopt the necessary measures to ensure compliance with this requirement of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that, in reply to its previous comments, the Government indicates that the Maritime Law of Mongolia, adopted in 2022, outlines the requirements for authorizing recognized organizations to conduct inspections and surveys on vessels to ensure the effective implementation of international conventions to which Mongolia is a party within the authorization granted by the scope of the relevant delegation Agreement. The Government further states that on 31 March 2023, it adopted Regulations on appointing recognized organizations, conducting evaluation and assessment of their performance, and regulating their operation by order No. A/91 of the Minister of Road and Transport Development. Following the establishment of these regulations, the Administration renewed agreements with 13 recognized organizations. Article 4 of the Regulations provides that recognized organizations are granted the power to require rectification of deficiencies on ships and to carry out inspections at the request of port States. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. The Committee notes that the Government revised DMLC, Part I and has submitted a copy, which specifies the relevant national legal provisions embodying the Convention, as well as information on the main content of the national requirements, as required by Standard A5.1.3, paragraph 10. The Committee also notes that the Government has communicated an example of an approved DMLC, Part II. While noting that the DMLC, Part I includes some provisions on the procedure for certification of the working and living conditions of seafarers on board, the Committee observes that the Government does not seem to have adopted any other national provisions implementing the detailed requirements of Regulation 5.1.3 and Standard A5.1.3.The Committee requests the Government to take the necessary measures to comply with this provision of the Convention and to indicate how it gives effect to the following requirements: the scope of the prior inspection and the requirements for an intermediate inspection (Standard A5.1.3, paragraph 2); the provisions respecting the renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4); and the cases in which a maritime labour certificate may be issued on an interim basis, as well as the maximum period of validity and scope of the inspection (Standard A5.1.3, paragraphs 5 to 8).

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that, in reply to its previous comments, the Government refers to the provisions of articles 28 and 29 of the Maritime Law of Mongolia and to the Regulation on Conducting Flag State Control and Inspection. While noting that these provisions prescribe the minimum requirements with respect to qualifications and training of flag State inspections and the duties and procedures that inspectors must follow to conduct inspections, as well as the tasks that they shall carry, the Committee observes these provisions still do not give effect to the following requirements: (i) the intervals at which inspections have to be carried out (Standard A5.1.4, paragraph 4); (ii) the procedures for receiving and investigating complaints (Standard A5.1.4, paragraphs 5, 10, 11(b) and 12); (iii) the penalties to be imposed in case of deficiencies under the Convention (Standard A5.1.4, paragraph 7(c)); and (iv) the compensation to be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers (Standard A5.1.4, paragraph 16). The Committee requests the Government to adopt without delay the necessary measures to give full effect to these provisions of the Convention.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaint procedures. The Committee notes that Marine Circular No. 1-298-2024 on On-Board Complaint Procedure establishes the requirements for on-board complaint procedures. While noting that this circular seeks to prohibit and penalize any form of victimization against seafarers for filing complaints, it does not elaborate on the arrangements to guarantee protection against victimization or penalty. The Committee requests the Government to adopt the necessary measures to give full effect to Regulation 5.1.5, paragraph 2, and Standard A5.1.5, paragraph 3.