The captain of a ship flying the national flag must be a national of Portugal, another EU/EEA country or a Portuguese-speaking country. The restriction does not apply to ships registered in the International Shipping Register of Madeira.
"Article 2 - Scope of application
1 - This decree-law applies to seafarers who carry out their activity aboard commercial, fishing, local traffic, auxiliary, towing and research vessels or offshore exploration platforms flying the national flag . [...]
4 - The regime provided for in this decree-law does not apply to ships or vessels registered in the International Shipping Register of Madeira.
5 - This decree-law does not apply to the following ships or vessels:
a) Ships or auxiliary units of the Navy, or other ships owned or operated by the Portuguese State, exclusively dedicated to government services of a non-commercial nature;
b) Vessels sailing exclusively in non-sea inland waters;
c) Pleasure craft not used for commercial purposes;
d) Ships made of traditional or primitive wood construction;
e) Vessels at the service of the Security Forces, within the scope of their respective mission.
[...]
Article 68 - Crew nationality rules
1 - Without prejudice to the provisions of the following paragraphs, the crew of ships or vessels flying the national flag must be Portuguese nationals or of a European Union or EEA country or of a Portuguese-speaking country.
2 - Ships or vessels flying the national flag may be manned by seafarers from countries not included in the preceding paragraph, up to a limit of 40% of the respective crew on board, except in duly justified exceptional cases.
3- Fishing vessels flying the national flag may be crewed by seafarers from countries not included in paragraph 1, up to a limit of 50% of the respective crew on board or three crew, whichever is more favourable, and a limit may be fixed. different in fisheries agreements concluded with third States.
4 - Crew members who exercise the functions of commander or master of ships or vessels are not covered by paragraphs 2 and 3.[...]" (Decree-Law No. 166/2019 (2019-10-31); entry into force 2020-01-01; Articles 2 and 68 [google translation])
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Previously
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"Article 61 - Nationality of crew members
1 - Crew members of national vessels must have Portuguese nationality, or nationality of a member country of the European Union, and must comply with the provisions of international convention law regarding equal treatment in terms of the free exercise of maritime duties.
2 - The crew member assigned to command functions must have Portuguese nationality, except in cases duly authorized by the IMP and based on reasons of labor shortage in the sector.
3 - Without prejudice to the provisions of the previous paragraph, the use of crew members who are nationals of third countries also requires authorization from the IMP and is carried out under the conditions established in the applicable regulations.
4 - Employment contracts concluded with foreign crew members are subject to written form, deposit, communication and other formalities set out in Law No. 20/98 of 12 May, and also to the provisions set out in the legal regime for individual employment contracts on board vessels. [...]" (Decree-Law No. 280/2001, of October 23 [repealed by Decree-Law No. 166/2019 (2019-10-31); entry into force 2020-01-01][google translation])
Decree-Law No. 166/2019 (2019-10-31); entry into force 2020-01-01
Decree-Law No. 280/2001, of October 23 [repealed by Decree-Law No. 166/2019]
[<a href="https://dre.pt/dre/detalhe/decreto-lei/166-2019-125865390">Decree-Law</a>],[<a href="https://diariodarepublica.pt/dr/detalhe/decreto-lei/280-2001-584020">Decree-Law</a>]