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THE MINISTRY OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No. 41/2005/QD-BGTVT
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Hanoi, September 16, 2005
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DECISION
PROVIDING FOR ORDER AND PROCEDURES
FOR CERTIFYING THE SUBMISSION OF SEA PROTESTS IN VIETNAM
THE
MINISTRY OF TRANSPORT
Pursuant to the June 14, 2005 Maritime Code
of Vietnam;
Pursuant to the Governments Decree No. 34/2003/ND-CP of April 4, 2003, defining
the functions, tasks, powers and organizational structure of the Transport
Ministry;
At the proposals of the director of the Legal Department and the director of
the Vietnam Maritime Administration,
DECIDES:
Article
1. Governing scope
This Decision provides for the order and
procedures for certifying the submission of sea protests by masters of Vietnamese
seagoing ships and masters of foreign seagoing ships in Vietnam.
Article
2. Subjects of application
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Article
3. Legal validity of sea protests
Sea protests which are certified in strict
compliance with the order and procedures provided for in this Decision shall be
valid as legal proofs in the settlement of relevant disputes.
Sea protests already certified in strict
compliance with the order and procedures provided for in this Decision shall no
exonerate the masters from legal liability to relevant events.
Article
4. Language used in compilation and certification of submission
of sea protests
Sea protests shall be compiled and certified in
Vietnamese or English. For a sea protest in English, the master shall, at the
request of the authority competent to certify the submission thereof, submit it
together with the Vietnamese translation.
Article
5. Authorities certifying the submission of sea protests in
Vietnam
Port authorities shall certify the submission of
sea protests by masters of Vietnamese sea going ships and masters of foreign seagoing
ships operating in seaports and zones managed by such port authorities.
Where seagoing ships operate in other waters of
Vietnam, their masters may submit sea protests at the nearest port authority,
state notary public or commune- or district-level Peoples Committee.
Article
6. Time limit for submission of sea protests
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2. When an accident or unexpected event occurs
in a Vietnamese seaport, a sea protest must be submitted to the authority
competent to certify it defined in Article 5 of this Decision within 24 hours
after the occurrence of such accident or unexpected event.
3. When an occurred accident or unexpected event
is related to cargoes in the cargo hold, a sea protest must be submitted to the
authority competent to certify it as defined in Article 5 of this Decision
before the cargo hold cover is removed.
4. If a sea protest cannot be submitted within
the time limit specified in Clauses 1, 2 and 3 of this Article, the reason(s)
for the late submission must clearly stated in such sea protest.
Article
7. Procedures for submitting sea protests
In force majeure circumstances, when submitting
sea protests to competent authorities defined in Article 5 of this Decision for
certification, masters shall have to submit and produce the following
documents:
1. Documents which must be submitted:
a. Sea protest (two copies);
b. Extracts of the shipping logbook which are
related to the case (two copies);
c. Extracts of the sea charts which are related
to the case (two copies).
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a. The shipping logbook (the original);
b. The sea charts related to the case (the
originals).
3. The documents specified in Clause 1 of this
Article must be signed by the master and affixed with the seal of the ship. A
sea protest must, in addition to the masters signature and the ships seal, also
contain the signatures of the chief engineer and an officer or a crew member as
a witness.
4. In addition to the number of sea protest
copies specified at Point a, Clause 1 of this Article, the master may request
certification of other copies having the same content, if deeming it necessary.
Article
8. Certification of submission of sea protests
1. When masters or persons authorized by masters
produce and submit all the documents specified in Article 7 of this Decision,
competent authorities shall proceed with the certification of sea protest
submission in sea protests.
2. Certification of submission of a sea protest
covers the following contents:
a. Date and time of receipt of the sea protest;
b. Certification of receipt of the submitted sea
protest;
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d. Seal of the authority certifying the sea protest
submission.
3. The time limit for certifying the submission
of a sea protest shall not exceed one working hour for a port authority, or
three working hours for other competent authorities, after receiving complete
and valid documents specified in Clauses 1 and 2, Article 7 of this Decision.
4. The authority certifying the submission of a
sea protest shall keep one set of documents specified in Clause 1, Article 7 of
this Decision and return the other set to the master.
Article
9. Submission of additional sea protests
1. Master may compile additional sea protests if
deeming it necessary.
2. Additional sea protests must also be
submitted to competent authorities for certification. The order and procedures
for certifying the submission of additional sea protests shall be the same as
those for certifying the submission of sea protests.
Article
10. The fee for certification of submission of sea protests
Authorities competent to certify the submission
of sea protests may collect a fee for certification according to the Finance
Ministrys regulations.
Article
11. Implementation effect
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Article
12. Organization of implementation
The director of the Office, the directors of the
Departments, the director of the Vietnam Maritime Bureau and concerned
agencies, organizations and individuals shall have to implement this Decision.
THE MINISTER OF TRANSPORT
Dao Dinh Binh