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THE GOVERNMENT SOCIALIST REPUBLIC Of VIETNAM
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GENERAL PROVISIONS
Article 1
1. The present Regulation shall provide the rules for implementation of the registration of sea-going vessels and crew in Vietnam owned by Vietnam abroad.
2. The present Regulation shall apply for the registration of merchant sea-going vessels and sea-going vessels for scientific-technological, sport and state service purposes as mentioned in Article 3 of Vietnamese Maritime Code, and for the registration of crew working thereon.
3. The provisions of the present Regulation shall not be applicable to sea-going vessels sailing under the control of the Ministry of Defense and the Ministry of Interior employed exclusively for military and security purposes and to crew working thereon , which are subject to specific regulations.
Article 2
1. The following types of sea-going vessels shall be subject to the present Regulation:
a. A sea-going self-propelled vessel with main engine of 75 H.P and over.
b. A sea-going non-self-propelled vessel of 50 GRT or 100 DWT and over and/or the length of waterline designed of 20 metres and over;
c. A sea-going vessel smaller than vessels as mentioned in (a), (b) above which are operating in sea areas of over 12 miles away from the shore or in international routes.
2. Any vessel beyond the types as mentioned in item 1 of this article whose owner does not apply for the registration in the "National Register of Ships" shall be registered in accordance with the Regulations on river-going ships.
Article 3
1. A ship owner shall not operate the vessel under the name of a Vietnamese vessel unless the registration of the vessel and crew has been completed in accordance with the provisions of the present Regulation.
A ship owner under the present Regulation is understood a judicial person or a person who owns the vessel and has it registered under his name in conformity with the Vietnamese laws.
2. The Vietnamese State shall protect legitimate interests of the ship owner over his vessel and shall put her under its jurisdiction as soon as the sea-going vessel has been entered in the "Vietnam National Register of Ships" until she is removed from t he registration.
Article 4
Ship owner are obliged to manage and operate the sea-going vessels being registered in Vietnam in accordance with the provisions of Vietnamese laws.
Article 5
1. The Vietnam National Maritime Bureau shall effect the registration of sea-going vessels and crew as set forth in item 2, Article 1 of the present Regulation, The Ministry of fishery shall undertake the registration of vessels and crew exclusively empl oyed for exploitation, processing and domestic transportation of sea-products.
2. Heads of the Agencies mentioned in item 1 of this article shall be highest competent Authorities for the settlement of any claims in respect of the registration of sea-going vessels and crew within their authority.
3. fees for the registration of sea-going vessels and fees for the registration of crew shall be charged in accordance with the provisions of the Ministry of finance.
Article 6
Any offense against the procedures for the registration of sea-going vessels and crew as set forth in the present Regulation shall be dealt with in conformity with the provisions of prevailing laws.
CHAPTER II
ORGANIZATION Of THE REGISTRATION Of SEA-GOING VESSELS AND CREW
Article 7
1. The organizational system for the registration of sea-going vessels and crew in Vietnam includes :
- The Central Registrar of ships and crew;
- The Local Registrar of ships and crew.
2. Heads of the Agencies as mentioned in item 1, Article 5 of the present Regulation shall be responsible for organizing and operating the system of Agencies in Charge of the Registration of sea-going vessels and crew under their control.
Article 8
1. The Central Registrar of ships and crew shall carry out the functions of managing and supervising the registration of sea-going vessels and crew nationalized and undertake the registration of sea-going vessels and crew as assigned to it.
2. The Central Registrar of sea-going vessels and crews shall be charged with the following responsibilities:
a. Establishing and managing the "National Register of Ships"; proceeding with the official registration and issuing "Certificate of registration for sea-going vessels" for the sea-going vessels being, initially registered by the Local Registrar of sea-go ing vessels and crew;
b. Professional guidance for and supervision of the registration of sea-going vessels and crew carried out by the Local Registrars of ships and crew;
c. Supervision and control of the registration of sea-going vessels and crew; supply of data in connection with the registration of sea-going vessels and crew to persons interested;
d. Printing and circulating papers used in the field of registration of sea-going vessels and crew in conformity with the forms described by Heads of the Agencies set forth in item 1, Article 5 of the present Regulation.
e. Proceeding with issuance, re-issuance and extension of seaman passports and shipping professional Certificates of competence for Vietnamese crew working on board sea-going vessels as required by the prevailing laws.
Article 9
1. The Local Registrars of ships and crew undertake the registration of sea-going vessels and crew in accordance with their decentralization and within their jurisdiction as mentioned in item 1, Article 5 of the present Regulation.
2. The Local Registrars of ships and crew shall have the following duties and powers:
a. Establishing and managing "The Regional Register of Ships" in the region.
b. Evaluating the applications for ship registration, change of ship's name and change of ownership for vessels belonging to the ship owners resident in or having principal place of business in the registration region as provided and submitting the same f or the official registration to the Central Registrar of ships and crew to issue the "Ship certificate of registration"; proceeding with the initial registration procedures for new registration, re-registration, change of ship's name, change of ownership, mortgage, hypotheses and maritime lien on the sea-going vessels being registered in the region, and issuing necessary certificates for temporary operation of vessels; issuing "sea-going Certificate" and other shipping certificates for sea-going vessels b eing registered in the region; proceeding with extension of :Sea-going Certificate" for Vietnamese sea-going vessels under the control of other registration regions.
c. Issuing Seaman Books for crew resident in the registration region and upgrading crew's rank, and changing the ship's name in seaman passports or seaman books for crew working on board Vietnamese sea-going vessels operating in such region;
d. Collecting registration fees in accordance with the provisions of the existing laws.
CHAPTER III
REGISTRATION Of SEA-GOING VESSELS
SECTION A: CONDITIONS fOR REGISTRATION Of SEA-GOING VESSELS
Article 10
Sea-going vessels may be entered in the "Vietnam National Register of Ships" only after meeting the following basic conditions:
a. Having been completely removed from the foreign country's registrar of ships;
b. Having been examined in technical specifications, classified, measured tonnage and granted the necessary certificates issued in accordance with ship class, type of ship and her appropriation by the Vietnam Register of shipping or by its authorized fore ign country's Register of shipping. The second hand vessels shall not exceed 15 years of age if she is purchased abroad and firstly registered or reregistered in Vietnam.
c. The ship owner is resident or having the principal place of business registered in Vietnam and meets the conditions required by laws to use and manage the sea-going vessels for economic, scientific - technological, cultural, sport, social and state se rvice purpose.
d. The ship owner shall have to apply for the registration of vessel according to the forms provided by the registrar of ships and crew and undertake not to use the vessel for the purposes in non-compliance with the laws or affecting the interest and pres tige of the Vietnamese State.
Article 11
Sea-going vessels belonging to any joint venture between Vietnam and foreign country in Vietnam or to any 100% foreign owned Capital enterprise in Vietnam and having met the provisions of Article 10 of the present Regulation shall also be registered in Vi etnam. These vessels shall be allowed only to participate in transportation of goods, passengers and luggage in domestic routes at the proposal of the Chairman of the Vietnam National Maritime Bureau being duly approved by the Prime Minister.
Article 12
1. foreign owned sea-going vessels may be permitted to be registered in Vietnam on the following conditions:
a. The sea-going vessel shall have to meet the basic conditions as provided in article 10.
b. The ship owner is an individual of legal power and good conduct or a juridical person by virtue of laws of the country of which national he bears.
c. The ship owner undertakes not claim for the right to participate in transportation of goods, passengers and luggage in domestic routes of Vietnam or in transportation of Vietnamese Exports and Imports.
2. foreign owned sea-going vessels may also be permitted to be registered in Vietnam basing on the bare boat charter or on the hire and purchase charter being concluded between and by a bare boat chartered and or a hire-purchase charterer and a foreign party, and on the condition that the Vietnamese bare boat charterer or the Vietnamese hire and purchase charterer is a legitimate enterprise in Vietnam and has been licensed to operate in accordance with the provisions of the prevailing laws.
The provisions mentioned in (b) and (c) of item 1, Article 12 shall not be applicable for 2.
SECTION B : PROCEDURES fOR TEMPORARY REGISTRATION
Article 13
1. The ship owner may have the vessel temporarily registered at the nearest Local Registrar of ships and crew or at the Vietnam diplomatic representative office or the Vietnamese consulate in a foreign country in the event of sea-trial of a new ship, taki ng delivery of the ship and bringing her to the place where her official registration shall be done, on the basis of ship building contract and contract for transfer of the ownership of vessel and the ship being in the shipyard.
2. The above mentioned agency and office shall receive the application and issue the "Temporary Registration Certificate" or the "Permit to flag temporarily" to the vessel, latest 3 days after the receipt of proper application.
Article 14
The application documents for temporary registration include:
a. Application form for temporary registration (01 copy),
b. Duly Certified Copies of the following papers:
- Shipbuilding Contract or Contract for transfer of the ownership of vessel (01 copy)
- Certificate of deletion (in case of second-hand vessel) or License for delivery (in case of new building).
c. Technical inspection paper issued by the Vietnam Register of Shipping or by a foreign Register of shipping authorized by the Vietnam Register of shipping, in the event of second-hand vessel.
SECTION C: PROCEDURES fOR OfFICIAL REGISTRATION
Article 15
1. The ship owner shall be obliged to apply for the official Registration of a sea-going at the Local Registrar of ships and crew and at latest 30 days of taking delivery of the vessel in Vietnam or of the arrival at the first Vietnamese port (in the even t of taking delivery of the vessel abroad).
The Local Registrar of ships and crew and shall be responsible for evaluating the application, arranging the initial registration and submitting the same to the Central Registrar of ships and crew for issuing the :Ship's Certificate of registration", at l atest 30 days of the receipt of the application for the registration of the vessel.
Where the sea-going vessel is found, not meeting the conditions as required by the existing laws to be eligible for the registration in Vietnam, the Local Registrar of ships and crew at the place of receipt of the application shall inform the ship owner of non-arrangement of the registration for the vessel, at latest 03 day of the receipt of the application. The same should be concurrently advised to the Central Registrar of ships and crew.
2. The Central Registrar of ships and crew shall be responsible for considering and arranging the official registration and issuing the "Ship's Certificate of registration" to the vessel at latest 10 days of the receipt of the application for registration .
3. The "Ship Certificate of registration" should be handed over to the ship owner at latest 30 days of the receipt of the application for registration by the Local Registrar of ships and crew.
4. Every sea-going vessel shall be permitted to be registered at a certain registration region and at a fixed period.
Article 16
1. The ship owner should submit and present the originals of the following papers when applying for the official registration of a sea-going vessel:
a. Papers required to be handed (one copy each):
- Application form (as printed).
- Certificate of Delegation (in case of second-hand vessel) and Invoice or Certificate for delivery (in case of new building).
- Certificate for Temporary Registration (if available).
- Shipbuilding Contract or Contract for transfer of the ownership of vessel, or other legal documents.
- Certificate of vessel's classification, Certificate of vessel's seaworthiness and Tonnage Certificate.
All the foregoing Certificates must be issued by the Vietnam Register of shipping or by a foreign Register of shipping duly authorized by the Vietnam Register of shipping.
- The statement giving full names, addresses and equity of each share holder of the vessel owned by more than one owner.
b. Papers required for presentation:
- Vessel's technical documents issued by the Vietnam Register of shipping or by a foreign Register of shipping duly authorized by the Vietnam Register of shipping in accordance with vessel's classification, type of vessel and purpose of use of vessel.
- Radio Certificate (if vessel being equipped with radio transmitter).
- Valuable proofs as to ownership status and vessel being free from any encumbrance in terms of mortgage, hypotheses and maritime liens.
- Certificate for maritime operation, Certificate for fishery operations (in case of specialized vessel exclusively employed for exploitation and processing of sea-products), or other permits granted by the Vietnamese competent authorities in conformity w ith the existing laws.
2. Ship owners are obliged to pay fees for the registration of sea-going vessels.
Article 17
1. A vessel shall receive "Ship's Certificate of registration" issued by the Local Registrar of ships and crew after she has been registered in the "National Register of ships" of Vietnam.
2. The Local Registrar of ships and crew at the region where the sea-going vessel being registered shall issue the "Seaman registry book" and "Sea-going permit", and certify the vessel's logbook against the "Ship's Certificate of registration".
3. The ship owner and Masters of the sea-going vessels being registered in Vietnam shall be obliged to care for these papers on board.
4. In case of loss of or damage to the "Ship's Certificate of registration", the ship owner must report and reapply for the registration.
Article 18
1. After the sea-going vessel has received the temporary ship's Certificate of registration or the official ship's Certificate of registration, the ship owner has the right and obligation to fly Vietnamese flag on board the vessel. And the vessel must be painted with her name, port of Registry and Vietnamese vessel's logo in conformity with the provisions of the relevant Registrar of ships and crew.
2. A vessel shall be named by her ship owner after being approved by the Registrar of ships and crew.
If the name of a historic person or a historical event is to use for naming a ship, it should be approved in writing by heads of the Agencies mentioned in item 1, Article 5 of the present Regulation.
SECTION D ; PROCEDURES fOR TRANSfER Of REGISTRATION RE REGISTRATION AND CHANGE Of VESSEL'S NAME
Article 19
1. The ship owner shall apply for transfer of Registration and hand over the old "Ship's Certificate of registration" in the event of transferring the Registration from one Registry Region to another in Vietnam.
2. The Local Registrar of ships and crew at the old region shall grant the ship owner a "Certificate of Deletion" and report to the Central Registrar of ships and crew for arrangement of the transfer of Registration.
3. The Central Registrar of ships and crew shall arrange for the issuance of A new "Ship's Registry Certificate" to the vessel at least 10 days of the receipt of the registration application.
Article 20
When a sea-going vessel is registered at the same region where she had registered, the Central Registrar of ships and crew shall base on the previous application documents to reuse the vessel's name.
Article 21
When a vessel's name is to be changed, the ship owner shall make out application explicitly stating the reasons for so doing. Not later than 10 days from receipt of such application documents, the Local Registrar of Ships and Crew shall study the applica tion documents and submit the same to the Central Registrar of Ships and Crew for issuance of a new "Ship's Certificate of registration".
Article 22
1. When occurs the change of ship owner basing on then contracts for transfer of the ownership of the vessel, registration procedures are the same as those for the first registration. The vessel's name, her international call-sign and her previous serial registration member may be reused unless the new ship owner requests any alteration.
2. The transfer of ownership of a vessel shall be done in accordance with the prevailing laws in Vietnam.
SECTION E : PROCEDURES fOR DELEGATION Of REGISTRATION
Article 23
1. A Vietnamese sea-going vessel shall only be removed from the Vietnam National Register of ships if she has:
a. Been destroyed or sunk, thereunder understood that the vessel actually lost her seaworthiness due to accident and it was duly certified by the competent authority in charge of inspection and conclusion on maritime accidents at the relevant region.
b. Been missing, thereunder understood that the vessel totally lost her contact with her ship owner during a period of two times longer than the period the vessel needed to move from the place where the ship owner received last information to her destinat ion in normal conditions. However, this period of time shall not be less than 30 days and not exceed 90 days of the last information from the vessel.
This period of time shall extend up to 180 days when the receipt of any information from the vessel is prevented by war.
c. Been found unfit for repair or not worth repairing economically, thereunder understood that the vessel found so damaged that expenses for repairs and recovery would exceed her actual value before her voyage, or her repairs cannot be carried out at the place and the removal of the vessel to another place for repairs is impossible.
d. Lost her grounds to sail under the Vietnamese national flag, thereunder understood that the vessel is unfit for registration in Vietnam;
e. Lost her specifications of a sea-going vessel, thereunder understood that the vessel has lost the basically technical specifications as required by the existing design - building standard regulations
2. The removal of a sea-going vessel from the Register of ships shall be effected on the basis of application made out by her owner with due reasons. The relevant local Registrar of ships and crew shall evaluate the reasons for deletion prior to issuance of :Certificate of Deletion", but not exceeding 7 days from the date when the application is circulated to the Central register of Ships and Crew to remove her name from the national Register of Ships.
Article 24
The vessel shall not be entitled to any right granted by to Vietnamese vessels as soon as she has been removed from the National Register of Ships.
SECTION f
fORMALITIES fOR REGISTRATION Of MORTAGES, HYPOTHESES AND MARITIME LIENS EfFECTED ON SEA-GOING VESSELS
Article 25
1. Procedures and order for mortgages, hypotheses and maritime liens on sea-going vessels are effected subject to the Vietnamese relevant regulations and laws.
2. formalities for registration of mortgages, hypotheses and maritime liens on sea-going vessels in the Local Registrar of Ships are performed by the Local Registrar of Ships and Crew where the subject sea-going vessel is registered.
Immediately after the registration of the above mentioned facts has been recorded in the :Local Register of Ships", the Local Registrar of Ships and Crew shall notify the Central Registrar of ships and crew of so that the latter can endorse the facts in t he "National Register of Ships".
Article 26
1. When a sea-going vessel becomes the subject of a mortgage, hypotheses or maritime lien the mortgagee, hypothecate or the applicant for maritime lien shall advise in writing the Local Registrar of Ships and Crew, where the vessel is Registered, of these occurrences so that the latter can record in :Local Register of Ships".
2. Mortgages, hypotheses and maritime liens on sea-going vessels shall be discharged only when those persons mentioned in (1) of this Article make a writing application for their discharge.
3. The rankings of registration of mortgages, hypotheses and maritime liens on sea-going vessels in the "National Register of Ship" is the basis to ascertain the priority order when the related disputes are to be settled.
4. In conjunction with the registration or discharge of mortgages, hypotheses and maritime liens on sea-going vessels in and from the "National Register of Ship" the Local Registrar of Ships and Crew shall add the related data in the Specific Column of the Certificate of Ship registration.
5. On demand the Registrar of Ships and Crew is liable to furnish to those persons interested in the data abstracts related to the ownership of the ship which is assigned to register there.
SECTION G
REGISTRATON Of THE VIETNAMESE INDIVIDUAL'S OR ORGANIZATION'S OWNED SEA - GOING VESSELS IN fOREIGN COUNTRIES
Article 27
A sea-going vessel owned by the Vietnamese organization having their principal place in Vietnam and the Vietnamese permanent resident shall be permitted to register in foreign countries if:
a. She has employed on the basis of the bare-boat charter party or hire-purchase agreement signed between the Vietnamese ship owner and foreign organization or individual;
b. The related foreign country's law permits such a registration in the form that the ownership of the Vietnamese ship owner is remained unchanged.
c. The ship owner commits himself to fully and properly implement all the obligations provided for by Vietnamese law.
Article 28
When before the registration to be effected in foreign country the sea-going vessel has been registered in Vietnam her ship owner shall make an application for removal of her registration from the Vietnamese Register of Ships and produce the original copy of the bare-boat charter party or hire-purchase agreement to the Local Registrar of Ships and Crew where the ship is registered so that the Local Registrar of Ships and Crew can verify before it completes the procedures for deleting her registration in t he "National Register of Ships".
Article 29
Settlement of the occurrences related to the sea-going vessel mentioned in Article 27 of the Present Regulation shall be effected by the following principles:
1. Legal relations incident to property ownership and ship disposal are governed by Vietnamese law.
2. foreign country's law where the ship is permuted to register is applicable only to legal relations incident to her employment and management resulted from the related charter party or agreement.
CHAPTER IV
REGISTRATION Of CREW
Article 30
Vietnamese sea-going vessel shall be permitted to put into navigable operation only when the master, chief officers and other members of ship crew have been registered in Seamen Registry Book.
Article 31
1. Vietnamese Citizens having sufficient health certificates and qualified certificates of competence in conformity with the professional shipping ratings as provided for by the relevant regulations in Vietnam may work on board the Vietnamese sea-going ve ssels.
2. foreign Citizens shall be permitted to work only on board the sea-going vessel owned by the foreign - Vietnamese joint venture organizations operating in Vietnam or by the enterprises whose 100 per cent of capital is invested by foreigners. However t otal foreign-citizen crew members working on board such a sea-going vessel shall not exceed one third of her complement and her master and chief mate shall be Vietnamese citizens.
3. foreign -citizen crew members shall be permitted to work on board the Vietnamese sea-going vessels only when they have sufficient health certificates and qualified certificates of competency in conformity with the professional shipping ratings as provi ded for by the relevant regulations in Vietnam. The shipping professional certificates of competency issued by foreign competent agencies shall be recognized only when they bear the explicit insertion stating that they have been issued in compliance which Vietnam has signed or recognized.
Article 32
1. "Seaman Books" shall be issued to all Vietnamese crew members working on board the Vietnamese sea-going vessels by the Local Registrar of Ships and Crew where the crew members are registered provided that they have possessed the statutory shipping pro fessional certificates and the confirmation stating that they meet health requirements to work on board sea-going vessels.
2. "Seaman Book" shall be used in follow-up of crew seafaring practice.
3. The "Local Registrar of Ships and Crew" shall clear the boarding pass for Crew to work on board Vietnamese sea-going vessel only when the interested applicants have shown the "seaman Book", "Dispatch Order" issued by their ship owner and shipping profe ssional certificates of competency in conformity with the professional ratings assigned.
4. The Heads of the Agencies mentioned in Chapter I, Article 5 of the Present Regulation shall determine the specific forms and the procedures of use "Seaman Book".
Article 33
1. When sea-going vessel is operating in international trade her ship owner shall fill in the formalities for obtaining seaman passport at the Central Registrar of Ships and Crew pertaining to Vietnam National Maritime Bureau.
2. The bearers of seaman passport are authorized to use it as specifically appropriated and shall be liable for its proper care.
3. Only ship owner organizations and the Agencies of crew employment having certificate of trading shall be authorized to apply for issuance of seaman passports for those crew members under their management.
Article 34
1. Documents in support for application for the first-time issuance or renewing of seaman passport shall comprise.
a. Application for issuance of seaman passport made out by individual crew member (as prescribed form).
b. Curriculum vitae verified by his ship owner attached with 3 photos sized 4cm x 6cm.
c. Consent of the competent agency permitting him to go abroad.
d. Dispatch Order made out by him owner.
2. Seaman passport is valid during the whole period of its validity.
CHAPTER V
SETTLEMENT Of VIOLATIONS
Article 35
1. The following forms of administrative fines shall be imposed by the Heads of Registrars of Ships and Crew at various levels to those who have committed acts violating the Regulation on Registration of Ships and Crew:
a. Warning: applicable to the small violations causing non-considerable consequences;
b. Pecuniary penalty from VND 500,000 up to VND 1,000,000: applicable to registration of ships beyond statutory time-limit or spoiling, loosing the certificates of ship registration, seaman passports, seaman books and the other crew's shipping professiona l certificates of competency except the cases of force majeures.
2. President of Vietnam National Maritime Bureau shall be entitled to impose administrative fines to those violating the Regulation on Registration of Ships and Crew as follows:
a. Pecuniary penalty from VND 1,000,000 up to VND 2,000,000: applicable to intentional non-registration of ships or deliberately misstatement as to tonnage measurement, ownership status and ship's safety technical specifications or to deceive acts in regi stration of ships and crew causing non-considerable consequences.
b. With drawing the certificates of registration of ships, seaman passports, seaman books and crew's shipping professional certificates of competency if they are misappropriated and cause serious consequences or do not meet the statutory requirements of t heir use..
3. Where and when the acts of erasing, fabricating, sale-purchasing, lend-leasing certificates of ship registration seaman passports, seaman books and crew's shipping professional certificates of competency, or the acts of deliberately misstating tonnage measurement, ownership status and ship's safety technical specifications and deceive acts in registration of ships and crew causing serious consequences are discovered, the President of Vietnamese National Maritime Bureau or Minister of fishery within the ir function and power shall lodge the files then pass them to the Inspection Authorities for their consideration and decision to procedure as provided by the prevailing laws and regulations.
Article 36
The President of Vietnam National Maritime Bureau and Minister of fishery shall be liable to organize and give leading to the implementation of this Regulation.
for the Government
Prime Minister
VO VAN KIET